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HomeMy WebLinkAbout06-17-19 City Commission Packet Materials - C12. Res 4917, Annexation Agreement with R. P. Ballard for 1803 Bridger Drive1 REPORT TO: Mayor and City Commission FROM: Danielle Garber, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Adoption of Resolution 4917 Completion of the 1803 Bridger Driver Annexation Authorization of City Manager’s Signature on the Annexation Agreement, and Authorization of City Manager’s Signature on a 15-foot Public Street and Utility Easement, a 30-foot Public Street and Utility Easement, and a 10-foot Public Utility Easement, Application 18143. MEETING DATE: June 17, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission adopt Resolution 4917 and authorize the City Manager to sign the Annexation Agreement and Authorization of City Manager’s Signature on a 15-foot Public Street and Utility Easement, a 30-foot Public Street and Utility Easement, and a 10-foot Public Utility Easement on behalf of the City, application 18143. BACKGROUND: The City Commission conducted a public hearing on June 18, 2018 for Application 18143 and preliminarily approved the 1803 Bridger Drive Annexation. The approval was subject to terms and the preparation of an annexation agreement to address the provision of services. Staff prepared the required agreement. The petitioner returned the signed agreement and all terms of the approval have been met. In order to complete the annexation process, it is necessary for the City Commission to authorize the City Manager to sign the agreement on behalf of the City. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adopt Resolution 4917, approving the Annexation Agreement as presented and recommended and authorize the City Manager to sign the agreement, and Authorize the City Manager’s Signature on a 15-foot Public Street and Utility Easement, a 30-foot Public Street and Utility Easement, and a 10-foot Public Utility Easement. 2) Determine that the prior decision to annex was in error and decline to authorize the City Manager to sign the agreement. FISCAL EFFECTS: None Commission Memorandum 177 2 Attachments: Resolution 4917 Annexation Agreement 15-foot Public Street and Utility Easement 30-foot Public Street and Utility Easement 10-foot Public Utility Easement Exhibit Map Report compiled on June 7, 2019 178 Page 1 of 3 RESOLUTION NO. 4917 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, THE 1803 BRIDGER DRIVE ANNEXATION, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS. WHEREAS, the City of Bozeman received a petition for annexation from Robert Ballard requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 0.742 acres, located at 1803 Bridger Drive; and WHEREAS, Robert P. and Cynthia L. Ballard are the current landowners of record of real property described as Lots 5 and 6 of the Mount Baldy Subdivision, Plat F-10, located in the Southwest Quarter of Section 32, Township 1 South, Range 6 East, P.M.M., Bozeman, Gallatin County, Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on June 18, 2018; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 18, 2018; and 179 Resolution 4917, 1803 Bridger Drive Annexation Page 2 of 3 WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on June 18, 2018, the Commission approved the annexation subject to contingencies, including an annexation agreement, which will be reviewed and approved prior to final annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 0.742 acres, to wit: Legal Description Lots 5 and 6 of the Mount Baldy Subdivision, Plat F-10, located in the SW ¼ of Section 32, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. 180 Resolution 4917, 1803 Bridger Drive Annexation Page 3 of 3 Section 2 The effective date of this annexation is June 18, 2018. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of June, 2019. ____________________________________ CHRIS MEHL Deputy Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ KAREN STAMBAUGH Acting City Attorney 181 Inter-office Orieinal to:City ofBozemanCity ClerkPO Box 1230Bozeman MT 549771-12301803 BRIDGER DRIVEANNEXATION AGREEMENTTHIS AGREEMENT made and entered into thisday of,2018,by and between the CITY OF BOZEMAN, a municipal corporation and self-governing politicalsubdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Robert Ballard, 1803 Bridger Drive, Bozeman MT 59715,hereinafter referred to as "Landowner".WITNESSETH:WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referredto as the 1803 BRmGER DRFVE ANNEXATION situated in Gallatin County, Montana, and moreparticularly described as follows:An area of land comprised described as follows:MOUNT BALDY SUB, S32, TO 1 S, R06 E, Lot 5 - 6, PLAT F-10All as depicted on the 1803 Bridger Drive Annexation Map.1803 Bridger Drive Annexation Agreement1182 WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;andWHEREAS, the 1803 BRDDGER DRIVE ANNEXATION is not within the corporate limits ofthe City or other municipality and may therefore be annexed to the City in accordance with the provisionsof this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; andWHEREAS, all parties recognize the annexation of the 1803 BRIDGER DRIVEANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 1803 BRIDGERDRF^E ANNEXATION to connect to and utilize City services, including municipal water and sewerservice, fire service, and the City's street system; andWHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landownercan agree to the provisions of services to the area to be annexed; andWHEREAS, the parties recognize additional development on the 1803 BRIDGER DRIVEANNEXATION will impact area streets and fire services, and that future improvements may requireadditional public street improvements for traffic circulation and the provisions of fire services; andWHEREAS, the Landowner finds this Agreement will provide for the most satisfactory anddependable water supply and sewer supply or service, and provide traffic circulation and fire service fordevelopment of the 1803 BRIDGER DRP/E ANNEXATION; andWHEREAS, the parties have determined that it is in the best interests of the City and Landowner,and in furtherance of the public health, safety and welfare of the community to enter into and implementthis Agreement.WITNESSETH:IN CONSIDERATION of the mutual covenants and agreements herein contained, the partieshereto agree as follows:1803 Bridger Drive Annexation Agreement2183 1. RecitalsThe above recitals are true and correct.2. AnnexationThe Landowner filed an application for annexation of the 1803 BRIDGER DRIVEANNEXATION with the City on March 29, 2018. By execution of this Agreement, the City manifestsits intent to annex the 1803 BRIDGER DRIVE ANNEXATION tract pursuant to the terms andconditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann.the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1803BRIDGER DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landownershall do all things required by this Agreement and all things necessary and proper to aid and assist theCity in carrying out the terms, conditions and provisions of this Agreement and to effect the annexationof the 1803 BRIDGER DRD/E ANNEXATION.3.Services ProvidedThe City will, upon annexation, make available to the 1803 BRIDGER DRWE ANNEXATIONexisting City services only to the extent currently available, or as provided in this Agreement.4. Municipal Water Service DefinedThe term "municipal water service" as is used in this agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,as well as any other tenns and conditions which apply to the City's provision of municipal water servicebut does not include the extension of lines or construction of necessary improvements at any cost to theCity for delivery of water to and within the 1803 BRIDGER DRIVE ANNEXATION. Nothing in thisAgreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, andother costs for the delivery of water to or within the 1803 BRIDGER DRIVE ANNEXATION to include,1803 Bridger Drive Annexation Agreement3184 but not limited to, any impact fees, hook-up, connection, or development charges which have been ormay be established by the City.5. Municipal Sewer Service DefinedThe term "municipal sewer service" as is used in this Agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,as well as any other tenns and conditions which apply to the City's provision of this service but does notinclude the extension of lines or constmction of necessary improvements at any cost to the City forcollection of sewage at and within the 1803 BRmGER DRIVE ANNEXATION. Nothing in thisAgreement shall obligate the City to pay for right-of-way acquisition, engineering, constmction, andother costs for the collection of sewage services to or within the 1803 BRIDGER DRIVEANNEXATION to include, but not limited to, any impact fees, hookup, connection, or developmentcharges which may be established by the City.6. Water and Sewer ConnectionsLandowner understands and agrees that within 60 days of City Commission approval of theAnnexation Agreement, the existing residence on the property must be connected to City water andsewer utilities. Water and sewer services must be constructed in accordance with design andspecifications approved by the City prior to the installation of the water and sewer lines. Landownermust contact the City Water and Sewer Superintendent to obtain details of construction requirements.Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior toconstruction of the services and disconnection of the well and septic system abandonment..Landowner further understands and agrees that prior to connection to the City water and sewer system,the existing on-site sewage treatment system must be properly abandoned and certification provided tothe City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the1803 Bridger Drive Annexation Agreement4185 abandonment to the Gallatin City County Health Department. In addition to abandonment of the septictank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank hasbeen completely disconnected from the old septic system prior to connection to the City sanitary sewersystem.Any wells presently used for domestic purposes may be retained for irrigation only, with no physicalconnection to domestic water piping. Certification that there is no physical connection between an on-site well and the domestic water piping must be provided. The City Water and Sewer Superintendentmay perform an inspection of the property and certify that the disconnection of the well and septic systemabandonment are properly completed. Landowner understands and agrees that if Landowner fails toproperly abandon the existing system and/or fails to disconnect the existing well from the domestic waterpiping as required herein the City may upon ten day's written notice to the Landowner terminate waterand/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall beborne by Landowner.7. Water RightsThe Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieuof water rights shall be provided upon further development or subdivision of the property in accordancewith Section 38.23.180, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereofdue at the time of further development or subdivision of the property will be calculated based on theaimual demand for volume of water the development will require multiplied by the most current annualunit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to bemade to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rightsmay increase over time as established by Resolution of the City Commission. Payment of $660 for cash-in-lieu of water rights for the existing home on the property is due at the time of annexation.1803 Bridger Drive Annexation Agreement5186 8. Comprehensive Water and Water Design ReportPrior to future development of the property the City may require the Landowner to have preparedby a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existingcapacity of sewer and water utilities in the area. The report must include hydraulic evaluations of eachutility for both existing and post-development demands, and the report findings must demonstrateadequate capacity to serve the full development of the land. If adequate infrastructure capacity is notavailable for the proposed development, the report must identify necessary water or wastewater systemimprovements necessary for the proposed development. If improvements to this water or wastewatersystem are necessary, the Landowner agrees prior to development of the 1803 BRIDGER DRIVEANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve theproposed development.9. Future Development LimitationsThe Landowner shall be responsible for installing all facilities required to provide full municipalservices to the property in accordance with the City's Infrastmcture Master Plans and all City regulations,policies and guidelines that may be in effect at the time of any future development. Thus, Landownerunderstands and agrees that there is no right, either granted or implied, for the Landowner to furtherdevelop any of the 1803 BRIDGER DRIVE ANNEXATION until it is verified by the City that thenecessary municipal services, including but not limited to police and fire protection, streets, and sewerand water capacity, are available to all or a portion of the 1803 BRIDGER DRP/E ANNEXATION.Notice is thus provided to the Landowner that prior to additional development of the property, theLandowner will be solely responsible for installing, at Landowner's sole expense, any facilities orinfrastructure required to provide full municipal services to the 1803 BRIDGER DRWEANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/Community1803 Bridger Drive Annexation Agreement6187 Plans, and all other city regulations, policies and guidelines that may be in effect at the time ofdevelopment.10. Stormwater Master PlanLandowner understands and agrees a Stormwater Master Plan for the 1803 BRIDGER DRIVEANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the mnofffrom the public streets may be required to be provided to and approved by the City Engineer at the timeof any future development. The plan must demonstrate that adequate treatment ofmnofffrom the publicstreets and all future lots will be achieved by providing spot elevations, flow direction arrows, detentionand/or retention basin details (including basin sizing calculations and basin typical sections), outletstructure details, and culvert capacity calculations. The plan must also locate and provide easements foradequate drainage ways within the annexation area to transport treated runoffto the stormwater receivingchannel. The plan shall include site grading and elevation information, typical stonnwaterdetention/retention basin and discharge structure details, basin sizing calculations, and stormwatermaintenance plan.11. Waiver of Risht-to-Protest Special Improvement DistrictsA. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special ImprovementDistricts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide ParkMaintenance District. The Landowner agrees such SID will provide a mechanism for the fair andequitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit "A"and is hereby incorporated in and made a part of this Agreement.B. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special ImprovementDistricts for street improvements including paving, curb and gutter, sidewalk and stormwater drainagefacilities for BRIDGER DRIVE. Landowner agrees such an SID will provide a mechanism for the fair1803 Bridger Drive Annexation Agreement7188 and equitable assessment of construction and maintenance costs for such improvements. The waiver isattached hereto as Exhibit "B" and is hereby incorporated in and made a part of this Agreement.C. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special ImprovementDistricts for intersection improvements to the intersection of STORY MILL ROAD AND BRIDGERDRP/E. Landowner agrees such an SID will provide a mechanism for the fair and equitable assessmentof construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit"B" and is hereby incorporated in and made a part of this Agreement.D. Landowner agrees that in the event an SID is not utilized for the completion of theseimprovements as described in subsections A and B above, the Landowner shall participate in analternative financing method for the completion of said improvements on a fair share, proportionate basisas determined by square footage of property, taxable valuation of the property, traffic contribution fromthe development or a combination thereof.12. Public Street and Utility EasementThe Landowner understands and agrees that a public street and utility easement shall be providedfor a 15-FEET OF ADDITIONAL RIGHT-OF-WAY ALONG BRIDGER DRWE WHICH WILLCONTAIN A 10-FOOT UTILITLY EASEMENT, AND 30-FEET OF RIGHT-OF-WAY ALONG THEREAR PROPERTY LINE FOR A FUTURE ROADWAY. The Landowner, at its sole expense, hascreated such an easements in a location and fonn agreeable to the City and the easements will be filed atthe Gallatin County Clerk and Recorder's Office.13. Street ImprovementsThe Landowner understands and agrees that at the time of future development the portion ofBRIDGER DRIVE fronting this property will be required to be improved to a City standard.14. Impact Fees1803 Bridger Drive Annexation Agreement8189 Landowner acknowledges that annexation and development of their property will impact theCity's existing street, water and sewer infrastructure, and the City's fire service. As approved by theCity, the land owners and their successors shall pay:A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, attime of issuance of building permit.B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or asamended, at time of issuance of building pennit.C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city water.D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city sewer.The amount of impact fee to be paid for connection to the city's water and sewer services, if any,shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at thetime of application for a permit to connect. The amount of street or fire impact fees to be paid, if any,shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at thetime an application for building permit is submitted.Landowner further understands and agrees that any improvements, either on-site or off-site,necessary to provide connection of the 1803 BRIDGER DRF/E ANNEXATION municipal services andwhich are wholly attributable to the property as determined exclusively by the city are considered"project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code,as amended, and as such, are not eligible for impact fee credits.If Landowner defaults on this condition at the time such is to be performed, and should defaultnot be remedied or corrected within thirty (30) days after written notice by City to the Landowner andLandowner/Developer of such default. City may at their option:A) Declare the amounts owing for impact fees immediately due and payable and Cityshall have the right and privilege to take legal action against Landowners for thecollection of such sum, including the entry of any judgment. In addition, the Citymay, at its option, enforce payment of such amount by levying an assessment onthe premises.1803 Bridger Drive Annexation Agreement 9190 B) Elect any other remedy available to City under the laws of the State of Montana.15. Additional TermsThe parties recognize these documents shall be filed and of record with the Gallatin County Clerkand Recorder prior to the sale of any land within the 1803 BRIDGER DRP/E ANNEXATION. Theparties further agree that the City may file these documents at any time.16. Governing Law and VenueThis agreement shall be constmed under and governed by the laws of the state of Montana. Inthe event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,State of Montana.17. Attorney's FeesIn the event it becomes necessary for either party to this Agreement to retain an attorney toenforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled toreasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including CityAttorney.18. WaiverNo waiver by either party of any breach of any term, covenant or agreement shall be deemed awaiver of the same or any subsequent breach of this same or any other term, covenant or agreement. Nocovenant, term or agreement shall be deemed waived by either party unless waived in writing.19. Invalid ProvisionThe invalidity or unenforceability of any provision of this agreement shall not affect the otherprovisions hereof, and this Agreement shall be construed in all respects as if such invalid orunenforceable provision were omitted.20. Modifications or Alterations1803 Bridger Drive Annexation Agreement10191 No modifications or amendment of this Agreement shall be valid unless evidenced by a writingsigned by the parties hereto.21. No AssignmentIt is expressly agreed that the Landowner and/or Landowner/Developer shall not assign thisAgreement in whole or in part without prior written consent of the City.22. SuccessorsThis Agreement shall be binding upon, inure to the benefit of and be enforceable by the partieshereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser ofthe annexed property.23. Covenants to Run with the LandThe parties intend that the terms of this Agreement shall benefit the 1803 BRIDGER DRIVEANNEXATION and shall be covenants mnning with the land and shall not expire at their deaths or upontransfer of ownership of the property.The imdersigned Landowner affinns that they have authority to enter into this Agreement and tobind themselves to this Agreement.1803 Bridger Drive Annexation Agreement11192 IN WITNESS WHEREOF, the parties hereto have caused this agreenient to be executed the day andyear first above written.LANDOWNERROBERT BALLARD~"By:STATE OF^CT^QjnrACOUNTY OF fiial\C^Q):ss^-w\On this 1^ day of r '\Q\ \^ _, 2018, before me, the undersigned, a NotaryPublic for the Sta?Tof •^\^^ )C^ ~~ personallv-appeared '^ft)P ^Yknown to me to be the landowner that executed the within instmment, and acknowledged to me that heexecuted the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)^^*°;*?'<fSEAL^.^fwn^n^^yRwWing at Bozeman, MTs/(Printed Name Here)Notary Public for the State of ^SC^OS^XResiding at'?-C? Q PPaT)My Commission Expires :^J^TQ^T 3\ ^(Use 4 digits for expiration year)1803 Bridger Drive Annexation Agreement12193 CITY OF BOZEMANBy: Andrea Surratt City ManagerATTEST:Clerk of the City CommissionSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On thisday of.., 2018, before me, a Notary Public for thestate of Montana, personally appeared Andrea Surratt and Robin Crough, known to me to the personsdescribed in and who executed the foregoing instmment as City Manager and Clerk of the CityCommission respectively, of the City ofBozeman, whose names are subscribed to the withininstmment and acknowledged to me that they executed the same for and on behalf of said City.DsT WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)(Printed Name Here)Notary Public for the State of MontanaResiding atMy Commission Expires:(Use 4 digits for expiration year)1803 Bridger Drive Annexation Agreement13194 EXHIBIT "A"WAIVER OF RIGHT-TO-PROTESTCREATION OFSPECIAL IMPROVEMENT DISTRICTFOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS, TRAILS OR_OPEN SPACE1803 BRIDGER DMVE ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:MOUNT BALDY SUB, S32, TO 1 S, R06 E, Lot 5 - 6, PLAT F-10.IN CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the impact to Cityparks, trails, and open space which will be caused by the development of the above-described property,the Landowner has waived and does hereby waive for itself, its successors and assigns forever the rightto protest the creation of one or more special districts to fund capital improvements, operations, andmaintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide specialdistrict to fund capital improvements, operations, and maintenance of parks, trails, and open spacesthroughout the City, which would provide a mechanism for the fair and equitable assessment of costsfor City parks, trails, and open spaces, or to make any written protest against the size or area or creationof the district be assessed in response to a duly passed resolution of intention to create one or morespecial districts for the above described purposes and which would include the above-described property.This waiver is made for the benefit of the property described above and shall be a covenantrunning with the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.1803 Bridger Drive Annexation Agreement14195 The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.DATED this f0w day of__3^0^. ,2018.LANDOROBERT BALLARD'By:STATE oF-ofw^na )^ssCOUNTY OFfinUa^Q)On this ^0 day of ^OCU. _, 2018, before me, the undersigned, a rotary Publicfor the State of {T\QC\\Ojr^ , personally appeared '^O'n^jTV '^a^OjTck ' ,known to me to be the landowner that executed the within instrument, and acknowledged to me that heexecuted the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)^.2^ ^^.^"^°s^'^s%§g~•"!*?^SEAL^•^FmvU^^c^^Name Here1(Printed Name Here)Notary Public for the State offnoAlDCKResiding at ^?0 yT^fTMy Commission Expires: ^P'^Xr^^r o^\ i'(Use 4 digits for expiration year)1803 Bridger Drive Annexation Agreement15196 »»EXHIBIT "B'WAIVER OF RIGHT TO PROTESTCREATION OF SPECIAL IMPROVEMENT DISTMCTS1803 BMDGER DMVE ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:MOUNT BALDY SUB, S32, TO 1 S, R06 E, Lot 5 - 6, PLAT F-10IN CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the impacts toBRIDGER DMVE AND THE BRIDGER DRIVE AND STORY MILL ROAD INTERSECTIONwhich will be caused by the development of the above-described property, the owner has waived anddoes hereby waive for itself, its successors and assigns forever the right to protest the creation of one ormore special improvement districts for the constmction and maintenance of following improvements:paving, curb/gutter, sidewalk, storm drainage facilities for BRIDGER DMVE AND THEBRIDGER DRIVE AND STORY MILL ROAD INTERSECTION, or to make any written protestagainst the size or area or creation of the district be assessed in response to a duly passed resolution ofintention to create one or more special improvement districts which would include the above-describedproperty.In the event a SID is not utilized for the completion of these improvements, the developer agreesto participate in an alternate financing method for the completion of said improvements on a fair share,proportionate basis as determined by the City on the basis of the square footage of property, taxablevaluation of the property, traffic contribution from the development or a combination thereof.1803 Bridger Drive Annexation Agreement16197 This waiver is made for the benefit of the property described herein shall be a covenant runningwith the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.DATED this p^ day of ":YO'<M . ,2018.LANDOWNERROBERT BALLARDBy:STATE OF<^Q'^C\nX );g;COUNTY OF ^aUO^rtO):ssOn this ^5 day of (\')'(\SL _, 2018, before me, the undersigned, a Notary Publicfor the State of ^HO^fjJ^CK , personaUyappeared ^r^QejTV ^aJllO^irrl , knownto me to be the landowner that executed the within instrument, and acknowledged to me that heexecuted the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)^^TZ^7??w"r%*?^\ NOTWYPUBWforthe". ] STATE OF MONTANA'Residing at Bozeman, MTMy Commission ExpiresSeptember 21,2020^-^r6i v6^''lere,Notary Publi^for the State of _Residing at ^^^}(\T)^ "My Commission Expires :^^^Q^ -oL\,(Use 4 digits for expiration year)1803 Bridger Drive Annexation Agreement17198 y^n>^^IIIjIIbGCre§^§GO0)0>yI!srIiI^Ill1^s,fi;^1^II^\^II^ Ls."^^rsIf1^3j0>-+)II^fO^?a>?5 SB.IP-j"S5.oq i? 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Iliw^0'I0E3I?0"i(^Q ^1. §1^ ^sP3t0^III&-5-IS Q1§ ^15 ^.irofi(T> 0^- ^.t ^It0i-4§^c?.^I2.5 i-§ I^^III %^ !'^I IIssI" £2.I Ie.?I^^III §^ i2, ^ss,"II:ip^f\'s0n ^iI ^1I&§s!!I0>-!1.jI.sITOI^!BII.rwp>^II^&^ssi i^§-is "I^0I.I11s »"'r^s-t&t^>IiI§30I-11i!ff) h-.yp ^I IIii^IMQi gi^ SQKl<i0^-+1ro0II&3I.s-tIa^III5-IIIs,Wi§I^IIII11II205 :^'I!i..^gl11I">.IIII^\^1I0>-tlflP3C/iIt-1t!.is^ ^ ^^5- ^0 C/3IIl.§i|vIIIsIIIiIIOQr" ^x "s ^nVtH00>3re3§>ns w0£H!=1&^<tflsn>U3CD0CL0^0CT-Ml00s-^-0>^n^0y0CDy>'s^s^,EZ- &ec0>00^3Q5^s5-g^H^s>ps^v&3§>3sQ-fflVICfl &-CTQ00t=Qp>s!=!CT-"<mu;CT-w0nt3d^V.t-byp-0-ESs-0^!reM^CL^•h30fBsl<;M^n ^s-yn>0-0>Qn>>nf^-^.^3s-^0Wt05-^^3^1mTO3-ro0>ff.0^N<GG0>£.G3*<;gt^>0>0g-^1yH§H0>CT-&-0)nStS1P300&-^tt<i^-n>^00B0M^0^"rowCT0^PSN&-^-^z(T)CfQB0(T>sp-^w^0s0gG3^30CLc=fCKzs-v ^n0'&yr!=!S1s-0^t0>^n0II(jd^II0^Iy"9^?Q.st?» SK..''.l>'^9'.s^/-^.^-•^V.^: ^ am.^i>i^.-:g^,'«-/^•.'.?'-cn0'xsco>><00s3-sb0Z 03303a?o3gz0wSlw-3s.i?^ '^^i35-r->5-Da§ So0&0M0^2.0s'cn3IMnl0T3u2.^DBJ3:Ul0Bi-n^s^^s£t<:^.5^0 S:n0"<3&-'!=! 00hT3^^3ffs52:y>M"5Dn'£2.^0)id0 £30^^N1^rx^v.M3Amw??L^0s^—0.co(^-0 (?;m'0LP-<.^45'&30-^sg^gII^II§•w(T>206 MOUNT BALDY SUBDIVISION, LOTS 5 AND 6""1803 Bridger Drive Aimexation Map"^s^"VSigS.S^SXS£S'SSW^W'""'w^c/,,yff•'ff,UJ^^§^6»^^0°^6^s^^^^OGf€<0^s£LOT 77"1§ss016^3Js:^[T5'T3"o;s^-1813If30' PUBLIC STREETEASEMENT-^R-S^EXISTINGCOUNTY^0S.Ps^ZONING^t0^1^I^:^\&^^ I5f-I-^ss^-1^•L.'-.10' PUBLIC UTLITVEASEMENT1 S'PUBLIC STREETEASEMENTT-?'-EDRIVEWAY._1_J-.RIDGER CANYON DRIVE (90') — -ri?s s^GIN fEO)obM^a^K.usutaPROPOSED ZONING OESIGNA.TION R-1SIZE OF PROPERTI': 32.300 SF / 0.741 ACE^VrV^: ALEGAL LIMITS OF PROPERTY: LOTS 5 / 6 MT.BALDY SUBDIVISION SW i SE 1 - Sj SW 1/42Morrison •-„—.",--iMarerle_ _^"~-'_-fiE-SB""SfiUFIELD'I BY:CHECKED BY; MEEPLOTTED DATE: Auaf10'20ia_aksimmNT:fiALL68Q-DRAWIMS NAME207 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WN1°43'27"E 117.25'N38°49'15"E 127.90'N83°12'37"E 100.25'N1°43'27"E 94.30'50.00'50.00'S1°43'27"W 323.10'S1°43'27"W 323.10'N1°43'27"E 323.10'50.00'50.00' S88°16'33"E S88°16'33"E ©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Aug/10/2018 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\3959\010\ACAD\FPlat\PHASE III\ANNEXATION MAP 062718.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd WestBozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 11BALLARD GALLATIN 3959.010 1"=40' 06/2018 MEE CHN MMI 6E 1S 32SW BASIS OF BEARING Bearings are grid, derived from GPSobservations with survey-grade receivers and referenced to the Montana Coordinate System, Single Zone, NAD83. LOTS 5 AND 6 OF MOUNT BALDY SUBDIVISION, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. MOUNT BALDY SUBDIVISION, LOTS 5 AND 6 "1803 Bridger Drive Annexation Map" BRIDGER CANYON DRIVE (90') ALLEY (30') MIDFI E L D S T R E E T CHI P P E W A L A N E ATSINA LANELOT 6LOT 5LOT 7LOT 4LOT 68LOT 67O.S.7LOT 77 HOUSE DRIVEWAY W W W W W W R-1 ZONIN G LEGE N D S A T B R I D G E R CREEK 2 P H 2 LEGE N D S A T B R I D G E R CREEK 2 P H 3 MOUN T B A L D Y S U B ED VO G E L S U B HEAD L A N D S S U B R-1 ZONIN G RS ZONIN G R-S ZONIN G RS ZONIN G EXISTING COUNTY ZONING R-S R-S 208