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Home My WebLink About05- Smith #3 Annexation Agreement 0-- .. ! UJ a 10 i CO",';': /,8<' mN6 -10 SMITH #3 mog ,.'~, ',~~il Q-~ ,.' ,.'~'~"" I ANNEXATION AGREEMENT N.~ , :/ ..- ' .(~, N"- '-.../ 0--- _6 _a -- 19th day of September, 2005, by and -N THIS AGREEMENT is madc and entered into this -6 !!!!!!!!!!!!!!! N ~ o between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of -<I> ~i: - li: Montana, with offices at 41 J East Main Street, Bozeman, Montana 59771-0040, hereinaftcr referred to as !!!!!!!!!!!!!!! 0 =0 - c - ~ "City", and Douglas L. Smith, 4521 Durston Road, Bozeman, MT 5971 X, hereinafter refcrred to as !!!!!!!!!!!!!!! - -- ==== ~ -= ~ "Landowners". _0 =c -" -:> ~). WITNES~iETH: -. =- -- .. _L: WHEREAS, the Landowners are owncrs in fee of a tract of certain rcal property, hcreinafter -<I> referrcd to as the SMITH #3 ANNEXATION, situated in Gallatin County, Montana, and more particularly described as follows: A portion of the ElJ2SWY4 and the WY2 W%S El/4 of Section 3, T2S, R5E, Gallatin County, Montana, consisting of :!::88.35 acres, and the adjacent public rights-of-way of Flanders Mill Road and future Oak Street extcnded. WHEREAS, the Landowners have petitioned the City for annexation of thc contiguous tract; and WHEREAS, the SMITH #3 ANNEXATION is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of this Agreement and M,CA. Title 7, Chapter 2, Part 43, and WHEREAS, all parties recognize that the annexation of the SMJTH #3 ANNEXATION pursuant to Section 7 -2-4301, et seq" M.CA, will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.CA. Section 7-2-4305 provides that a municipality and landowners can agree to the provision of scrvices to thc area to be annexed; and WHEREAS, the City's present water supply is insufficient toe nable it to supply reasonably adequate water scrvice to additional customers outside the present city boundaries; and ISMITH 1/3 ANNEXATION AGREEMENT I I . .. 0. UJ GI on WHEREAS, the Landowners wish to convey to thc City certain watcr rights or take some CO....;,: mNGI -on mag equivalent action to provide water and sewcr scrvicc to the SMITH #3 ANNEXATION; and QN~ N.~ ..- N ..- WHEREAS, all parties rccognize that the development of thc SMITH #3 ANNEXATION will 0.- _G1 _G1 -. -N ~ requirc additional public street improvemcnts for trafTic circulation on Ferguson Avenue, Oak Street, !!!!!!!!!!!!!! ~ - ==== ~ Durston Road and Flanders Mill Road; and -.... ' :=-lE ~l- =E WHEREAS, all parties recognize that thc dcvclopmcnt ofthc SMITH #3 ANNEXATION will !!!!!!!!!!!!!! 0 =u - _c -~ ~ impact thc intcrsections of Oak ,)'treetIFerguson Avenue, and Durston Road/Ferguson Avenue, and -~ =" -C1 -' WHEREAS, thc Landowners finds that this Agreement will provide for the most satisfactory and -. _0 =c -" -> ! dependable water supply or servicc available to furnish water and provide traffic circulation for ~. !!!!!!!!!!!!!! L:. -<II developmcnt near and within the SMITH #3 ANNEXATION; and WHEREAS, the making and perJ(mnancc of this Agreement is desirable to promote the developmcnt orthe most adequate watcr supply and traffic circulation pattern for the City as it now exists and as it is reasonably cxpected to cnlarge; and WHEREAS, thc securing of an adequatc watcr supply and traffic systcm by thc City is ncccssary and of mutual advantage to thc parties hereto; and WHEREAS, the parties have determined that it is in the best intcrests of the City and thc Landowners, and in furtherancc orthe puhlic health, safety and welfare ofthc community to enter into and implemcnt this Agrcement. IN CONSIDERATION onhc mutual covenants and agrecments herein contained, the parties hereto agree as follows: 1. Recitals. SMITH #3 ANNEXATION is adjaccnt to the existing right-of-way for Flanders Mill Road. 2. Annexation. The Landowner filed an application for annexation oCthe SMITH #3 ANNEXATION with the City. ISMITH #3 ANNEXATION AGREEMENT 2 I ~ 111111111111111111111111111111111111111111111111111111I ~~~~~r~~p Sh.ll.y Vlno.-Gallat1n Co MT MISC 202.00 The City, on Junc 14,2004, adopted a ReSOlUtlOn ot Intent to Annex the SMITH #3 ANNEXATION. By exccution of this Agreement, thc City has manifcstcd its intention to atmex the SMITII #3 ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to thc provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the SMITH #3 ANNEXA nON to thc City. Furthcr, upon the execution of this Agrccment, thc Landowners shall do all things necessary and proper to aid and assist the City in carrying out thc terms, conditions and provisions of this Agreement and cffectuate thc annexation ofthe SMITII #3 ANNEXATION to the City. 3. Services Provided. Thc City will, upon annexation, make available only existing City scrviccs to thc cxtent currently availablc, including municipal water serviec, municipal sewer servicc, police protection, and firc protection, to the SMITH #3 ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined. The term "municipal water servicc" as is used in this Agreement shall bc the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as wcll as any other terms and conditions which apply to thc City's provision of this service. The ternl does not contemplate the cxtension oflines or construction of necessary improvements at any cost to thc City for delivery of water to and within the SMITH #3 ANNEXATION. Nothing in this Agrccmcnt shall obligate the City to pay f()f right-of-way acquisition, engincering, construction, and other costs for the delivery of watcr to or within thc SMITII #3 ANNEXATION to include, but not limitcd to, any impact fccs, hook-up, conncction, or dcvelopmcnt charges which may be cstablishcd by the City. 5. Municipal Sewer Service Defined. The tcrm "municipal sewcr service" as is used in this Agreemcnt shall be thc service which is supplicd by thc City in accordance with Chapter 13.24, Bozcman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. Thc tcrm does ISMITH #3 ANNEXATION AGREEMENT 3 I , 1111111111111111111111111111111111111111111111111111111 ~~.~~r:f~p Sh.ll.y Vano.-Gallatln Co MT MISC 202.00 not contemplate the extension oflines or constructIOn otnecessary improvements at any cost to the City for collection of sewage at and within the SMrrH #3 ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of~way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the SMITH #3 ANNEXATION to include, but not limitcd to, any impact fces, hookup, connection, or dcvelopment charges which may be established by the City. 6. Water Riehts. The parties acknowledge thc following City policy: Prior to annexation of property, it shall be the policy of the City of I30zeman to acquire usable watcr rights, or an appropriate fcc in lieu thereof~ equal to the anticipated average annual consumption of water by rcsidents and/or users of the property whcn fully developed. Thc fee may be used to acquire watcr rights or for improvcmcnts to the water system, which would create additional water supply capacity. Except, howcver, that for any annexation in execss of ten (10) acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No_ 5, Commissioll Resolutioll 3137, Adopted August I '), 1')')(, The Landowners shall providc sufTicient watcr rights or eash-in-licu as calculated by thc City in accordance with its policy at time of calculation. The Landowners further undcrstand that the City will calculate thc averagc annual diversion requircment necessary to provide watcr to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. The Landowners agree to provide sufficient watcr rights or eash-in-lieu of watcr rights prior to tHillg 01 dllY "'ina.! Subdivi~.l.U!i .i.ll..ll., ~:il1;"H .._.)1i..\.,.. :"':Ldl i..-ltJt-'.Ll..J'\L":' \)J. LU..... .1-._..)"-1...,1.01'......" 1...1.1. ......; :"i~,...:..:.::~'.i.o t>....&....An~ whiehcver occurs first. 7. Comprehensive Water and Sewer Design Report Prior to future devclopmcnt of'the propeJiy, the Landowner shall have preparcd by a Professional Engincer, at I ,andowner's expcnse, a comprehcnsive design report evaluating existing capacity of scwer and water utilities. The report must include hydraulic evaluations of each utility for both cxisting and post- dcvelopment demands, and the report findings must demonstrate adequate capacity to serve the full ISMITH #3 ANNEXATION AGREEMENT 4 I .. 1111111111111111111111111111111111111111111111111111111 ~~.~~r~~ ~p Sh.ll.y Vano.-Gallatln Co MT MISC 202.00 development ofthe land. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The I--,andowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development Thc I,andowners undcrstand and agree that all Cuturc development on the SMITH #3 ANNEXA nON Tract shall be served by City Water and Sewer as provided for in the City's facility master planning documents. The Landowners understand and agree that municipal services are not currently available to the area proposed for annexation and that there is no right, either granted or implied by the City, for the Landowners to develop any orthe SMITH il3 ANNEXATION 'fract until it is verified by the City that neccssary municipal services, including but not limited to police and fire protection, are available to all or a portion of the SMITII #3 ANNEXATION Tract. Landowners further understand and agree that at the time future development provides municipal water and sewer services to the existing residences, that they must connect to these services. After connection to city water services, any existing wells may be used only [or irrigation purposes only, and the septic systems and tanks must be properly drained, filled and abandoned. Upon future development of the SMITH 113 ANNEXATION Tract, the City Water/Sewer Department will review plans for development ofthe proposed water ir1ii"astrueturc when they arc provided and make any recommendations requircd to supply watcr to any proposed dcvelopment on the SMITH #3 ANNEXATION Tract. 9. Impact Fees The Landowners hereby acknowledge that annexation and development of their property will impact the City's existing street, water and sewer inJi'astructure, and fire service requircments. There arc no existing structures on the property. At the time new structures apply to connect to the City's Water and ISMITH #3 ANNEXATION AGREEMENT 5 I ,. 1111111111111111111111111111111111111111111111111111111 ~~;~~r:~~p Sh.ll.y Vano.-Gallatln Co MT MISC 202.00 Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees, which are due. The Landowners and any succcssors shall pay all firc, Street, Water and Sewer Impact Fees required by Chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listcd in Section 3.24,050A, 3.24,060.A, 3.24.070.A, or 3.24.080.A, respectively. Ifimpaet fees currently imposed pursuant to Chaptcr 3.24 ofthe Hozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, the Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or revised Chapter of the I10zeman Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. Ie prior to enactment of such revised Chapter, the Landowners apply for any pennit, which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowncrs further agree to pay at that time, the amount calculated for such fees based upon the rates established at the date of this agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowners would have been entitled to a refund under the court's decision but were it not for the sole fact ofthe landowners paying impact fees because ofthis agreement, then all such fees paid prior to the court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's decision. At the time the revised code is enacted, then all such fees held in escrow shall be released to the city and the balancc, if any, returncd to thc landowners. All accumulatcd interest on the sum held in cscrow shall be relcased to the City or landowners on the same percentage as the money released to either party bears to the total sum held in escrow. Landowners further understand and agree that any improvements, either on- or off-site, necessary to providc conllection of SMITI I #3 ANNEXATION to municipal services whieh arc wholly attributable to the property are "project relatcd improvements" as dcfined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. ISMITH tl3 ANNEXATION AGREEMENT 6 I , 1111111111111111111111111111111111111111111111111111111 ~~~~~r~~p Sh.ll.y Vano.-Gallatln Co MT MIse 202.00 Ifthe Landowners default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowners of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment Oll the premises. B) Elect any other remedy available to City under the laws of the State of Montana. C) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. D) It is agreed that it shall be no defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowners will pay such amount as specified above. 10. Stormwater Master Plan I,andowner understands and agrees that a Stormwater Master Plan for the SMITH #3 ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. Thc master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving ehannel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stun IlWatcl mallllCilai IL"; pldl1. 11. Traffic Analvsis Report Landowner shall provide a detailed Traffic Analysis Report(s) at the time offuture development of any portion of the annexed property. 12. Waiver of Right-to-Protest Special Improvement Districts The Landowners have exeeutcd a Waivcr of Right-to-Protest Creation of Special Improvement I SMYTH #3 ANNEXATION AGREEMENT 7 I . 1111111111111111111111111111111111111111111111111111111 ~~.~~~~~, Sh.ll.y Vano.-Gallatln Co MT MISC 202,00 District for aJ Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: Durston Road, rlanders Mill Road, Oak Street, and Ferguson Avenue; h) ,)'ignalization Improvements for the following intersections: Oak Street/Ferguson A venue, and Durston Road/Ferguson Avenue; and c) trunk sewer main to serve the northern portion oj'the property; andfor a park maintenance district. Said Waivcrs are attached hereto as Exhibits A and B. 13. IJtilitv Easements Landowner understands and agrees that utility easements, a minimum of 30 feet in width, will be neccssary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the appropriate development procedure, but in no event later than the filing of any 11nal plat or site plan or issuance of a building permit on any of the parcels. t 4. Parks, Open Space and Trails Landowner understands and agrees that any contiguous parks, open space, and/or trails shall be extended to the annexed property. The I,andowner shaIl ensure that an assessment and feedback from the Park and Recreation Advisory Board addressing adjacency of the future regional park and connectivity of the project's proposed park and trails master plan is presented with the annexation agreement. 15. Diversity Landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, a diversity of housing types and (net) densities shall be provided. 16. Additional Terms of Waivers The parties recognize that these documents shall be executed and returned to the Bozeman Planning and Community Development Department within one year of preliminary approval of the annexation request by the Bozernan City Commission. The parties also recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale or transfer of ownership of any ISMITH #3 ANNEXATION AGREEMENT 8 I .' 111111111111111111111111111111111111111111111111111111I ~~~~~r~~~p Sh.ll.y Vano.-Gallatln Co MT MIse 202.00 land within the SMITH #3 ANNEXATION. The parties further agree that the City may file these documents at any time. t7. Governine Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event oflitigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 18. Attornev's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including City Attorney. 19. Waiver No waiver by either party of any breach of any term, covenant or agreement shall bc deemed a waiver ofthe same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 20. Invalid Provision The invalidity or unenforceahility of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as ifsueh invalid or unenforceable provision were omitted. 21. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced hy a writing signed by the parties hereto. 22. No Assienment It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part without prior written consent of the City. ISMITH #3 ANNEXATION AGREEMENT 9 I .. 1111111111111111111111111111111111111111111111111111111 ~~;~?~~~p 23. Successors Sh.ll.y Vano.-Gallatln Co MT MISC 202.00 This Agreement shall be binding upon, inure to the benefit of and bc cnforceablc by thc partics hcreto and thcir respective heirs, successors and assigns. 24. Covenants to Run with the Land The parties intend that thc terms of this Agrecmcnt shall be covenants running with the land and shall not expirc at their deaths or upon transfer of owncrship of the property. IN WITNESS WHEREOF, the parties hereto havc caused this i\greement to be executed the day and year first above writtcn. STATE OF MONT ANi\ ) ss County of Gallatin ) On thi s ~.J Lftb day of Jvnt -~--_. ' 2005, bcfore me, the undersigned, a Notary Public for the State of Montana, personally appcarcd Douglas L. Smith, known to be the persons whose namcs are subscribed to thc within instrument and aeknowlcdged to me that they executcd thc samc. IN WITNESS WHEREOF, I havc hcrcunto set my hand and affixed my Notarial Seal thc day and year first above written. ~;:'i',AL) \\\\\1 \ 1: ill 1/11/1 ~7J~ ':>.,-,\\ NED 1IIII1 Ctf1Jerint b. K.ofn~n :S' 0.\ '. l "~ ~ <:, ..... '1 (' '.~~ ~)..'. . ../.... "'.... . . /\;-- (Printed Name Hcre) 5 J... :~OTARI.4 :.if; := 0.{ .(, . Ii' := Notary Public for the Statc of Montana ~ 0 : :~.-; .,_ . ~~?: ~ Residing at.. 8o"1eman ,Montana -*. (: "" " 'i' " My Commission Expires _!S.j1d /2-/Jl)1----- ~ (!'l . ~--' - .,-.-' -,' .",.-~-~: ~ ",\ . , - d' -,,' ~ 19)),: . . . . . ~.." \ ...~~.. (Use four digits for expiration year) ~/;II;~I/~;,;~~ I;>, ~~~::>.'" ISMITH #3 ANNEXATION AGREEMENT 10 I - 1111111111111111111111111111111111111111111111111111111 ~~;~~~,~: Sh.ll.y Vano.-Gallatln Co MT MISC 202.00 CITY OF BOZEMAN ~--A"~ By: Chris Kukulski, City Manager ATfEST: ~/~ ---..." "...-- - - - ".'._- Clerk of thc City Commission STATE OF MONTANA ) ss County of Gallatin ) On the ~ ;(.jr~ay or~) fl~2005, before me, a Notary Public for the State ufMontana, personally appearcd CHRIS K KULSKI AND ROBIN L. SULLIVAN, known to me to bc thc City Manager and Clerk of thc City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrumcnt and acknowledged to mc that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I havc hcreunto set my hand and affixcd my Notarial Seal on thc day and year first written above. (SEAl,) \ I ,,[ \t" L{ Li/ -; :~)/>-'- Notary Public fori c State of' ontana Residing at Bozeman, Montana Commission Expires:'~/?(;~/2Dr.17 ~ I I ISMITH #3 ANNEXATION AGREEMENT II I 1111111111111111111111111111111111111111111111111111111 g~?f.~~p Shelley Vanoe-Gallatln Co MT MISC 202.00 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT OISTRICTS SMITH #3 ANNEXA'nON The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly, described as follows: A portion of the EYzSWY4 and the WYzWYzSEY4 of Section 3, T2S, R5E, Gallatin County, Montana, consisting of ::1::88.35 acres, and the adjacent public rights-of:way of Flanders Mill Road and future Oak Street extended. IN CONSIDERATION of receiving approval for annexation for the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition ofthe impacts which will be caused by the development of the above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for: a) Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: Durston Road, Flanders Mill Road, Oak Street, and Ferguson Avenue; b) Signalization Improvements for the following intersections: Oak Street/Ferguson Avenue, and Hurston Road/Ferguson Avenue; and c) trunk sewer main to serve the northern portion ofthe property; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said . improvcments on a fair share, proportionate basis as determined by square footagc of the property, Iincar front footage of thc propcrty, taxablc valuation of the propcrty, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire. The terms, covcnants and provisions of the Waiver shall extend to, be binding upon the successors-in-intercst and assigns of the parties hereto. DATED this ~_(J-I Jday of J;,. N €: ,2005, n)WNER Dou~:I ~ STATE OF MONTANA ) ss, County of Gallatin ) On this ~_ day of Jvnt- __,' 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Douglas I.. Smith, known to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (S F^- T) \\1111I1111I 1///// ---~~~ ~\\\\ N E 0 IIII ~0\ 'k://~ e ~<", .......0..;:- ~ ~ . . . .:\ ~ (Printed Name Here) .:-; II \\ ...... ~.~ . ~OT ARIA ,.. ~- ~ Notary Public for the State of Montana ~. '{, .m ~ :.:s () : -.- . z :: Residing at --1>rrz,lma 1\ _._' Montana :;:; *. C 1.... /,'r, . + :.: \~..~.;.."_~'-:u::.J. .-->/7 My Commission Expires L/ !U I Uoef ~ '"1)-"" ........:..',~ (Use four digits for expiration year) /1 '-.,' C ,- , t", -, ' " :,::;" /1/1 ,.,-t,.~) ,.,' I . ,,, \ " /////I/!Iil\\\\\\\ ' 1111111111111111111111111111111111111111111111111111111 ~~8~~f0~:P Sh'll'y Vanoe-Gallatln Co MT MISC 202,00 111111111111 II111 11111111111111111111111111111111111111 ~~;~~f.f.~p Shelley Vanoe-Gallatln Co MT MISC 202.00 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION O~' PARK MAINTENANCE DISTRICT SMITH #3 ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: A portion of the EY2SWY4 and thc WJ/2Wl/2SEl/1 of Section 3, T2S, R5E, Gallatin County, Montana, consisting of ::t88.35 acres, and the adjacent public rights-of-way of Flanders Mill Road and future Oak Street cxtended. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts which will be caused by the development ofthe above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of a city.wide park maintenance district which will provide a mechanism for the fair and equitable assessment of maintenance costs for city parks; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvcment districts which would include the above- described property. In the event Special Improvement Districts are not utilized for the completion ofthese projects, we agree to participate in an alternate financing method for completion of said improvemcnts on a fair share, proportionate basis as dctermincd by square footage of thc property, linear front footage of the property, taxable valuation of the property, or a combination thereof . . This waiver shaH be a covcnant running with the land and shaH not expire. Thc terms, covenants and provisions of the Waiver shaH extcnd to, be binding upon thc successors-in-intcrest and assigns of the parties hcreto. DA TED this / L./ (tf day of _.... I u H..r= --~ ,2005. STATE OF MONTANA ) ss. County of Gallatin ) On this __ L4th " day of ~ ,,~-- , 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Douglas L. Smith, known to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the samc. IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) \ '.,". \ \ ~ ., : I, I j j l! I .' ~.ey;~J2j.retlln ~ <[)~~ \::-.:.\ - \~: ") /.. '~'" ~~~' \\~ '-_ L I "~'. <.~ <~> 10..... ~- ") .:~...... (Printcd Name I1ere) -t:,~r \;i~~?~':; Notary Public for the State of Montana Residing at -,Bot~ma^ n_' Montana ,')J : ~ ~. ~ ~ ',~_~m ~ : :E j.~ My Commission Expires 41')l/"'O'f-mu J, . ("" .'" 1.,1 ."_: ;~:;' .~_..__~:l- ".~~".>:~~~F (Use four digits for expiration year) .> 1;",- '.. . ,\\' ,.,' :1/, '-.' 0 . '-'. \., '/'1 F l Ji ,) , \' ,,\: '11/lilJllli:\I',',\\\\ . 1111111111111111111111111111111111111111111111111111111 ~~;~?f.~~p Sn.l1.y Vano.-Gallatln Co MT MISC 202.00 I11111111111111111111111111111111111111111111111111111I ~~~~~f0~:P Shelley Vanoe-Gallatln Co MT MISC 202,00 PUBLIC STREET EASEMENT _Douglas L Smith ._, GRANTOR, in considcration of $ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of Boz~man, a municipal corporation of the State of Montana, with otlices at 411 East Main, Bozeman. Montana 59715, GRANTEE, its successors and assigns, a perpetual street and utility casement for the use ofthe public, in, through, and across a strip of land situatcd in Gallatin County, Montana, ----.!hirty (30) , feet wide to be located on the t()llowing described rcal property: E Yz SWl/4 Section 3, T2S, I.Z5E, P.M.M., Gallatin County. Montana Thc easement is more particularly described on the attached Exhibit_L which by this referencc is made a part hereof. Thc GRANTOR statcs that he possesses the real property described above and that hc has a lawful right to grant an casement thereon, The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this casement shall cxtend to and be binding upon thc heirs, executors, administrators, personal representatives, successors, and assigns of the partics hereto. DATED thisZ(LI' day of. ,)u.fit , :W05. STATE OF MONTANA) )ss. County of Gallatin ) ~ ~ On this:?o~ day of ~___, 2005, beforc me, the undersigned, a Notary Public for thc Statc of Montana, persona Iy appeared Douglas L. Smith, known to me to bc the person whosc names is subscribed to the within instrumcnt, and acknowledged to me that he did cxecute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixcd my Notarial Seal the day and year first abovc written. - o ,\\ "\ t" '~~ 1111111111111111111111111111111111111111111111111111111 ~~~~~f0~:P ': '\ "l. ~' ,,' ".:v\ " Shelley Vanoe-Gallatin Co MT MISC 202,00 o (' 'I c. 0 " (SEAl? '1.(1 Y, " " ..' "<'i:;:l ," /~ ,. ~~ CID "Dea!lC 'N.. N, \',lZR- .. - ~",'~"l"..",. J - -. n ., .,\. :;: Notary Public fix thc State of Montana -; 1~r:'" Ii) ..... Rcsiding at l2->u~~'\. ~ ~ ,,) I' ":J/ ",,',(.::- ._ o,).~' ,,' ,'..:'- "'- My Commission Expires 0I?c', \ L 1__Z,_~~'1 ""t)l::'" , " ':,,{\\' <' , OF 1\11' \, , . , " \'.., " , . . f f r I I " -' ACCEPTED: r~A~1~ CITY OF BOZEMAN by its City Manager ---,----".~ ATTEST: ~..~ Clerk ofthe Commission STATE OF MONTANA) )ss. County of Gallatin ) On th;s ;qJI^< day of ~'ff2 111 by, 2005, before me, a Notary Publictor the Stale of Montana, personally appcared OJ S KUKULSKI and ROBIN L. SULLIVAN, known to me to be the City Managcr and Clcrk of the Commission, rcspcctively, ofthe City of Bozeman and the pcrsons whose names are subscribcd to the within instrument, and acknowledged to me that they executed the samc for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Scal thc day and year first abovc writtcn. (SEAL) \uc LC-012- J!tvU) 'f!e1--- Notary PublieJo .' . Ie State of-lMontana Rcsiding at Itfl}?e-tYl1.~ My Commission Expires. ,:"ylS!2ltl? a . 1111111111111111111111111111111111111111111111111111111 ~~~~~~'~~P Shelley Vanoe-Gallat1n Co MT MISC 202,00 EXHIBIT A SHOWING A 30'-WIDE PUBLIC STREET AND UTILITY EASEMENT ACROSS PORTIONS OF THE El/2SW1/4 SECTION 3, T2S, R5E, P .M.Ma, GALLATIN COUNTY, MONTANA '~3 I I N I . I I I I I ~~~ i "" I I lbwb:eBOOI\. I I I I i-rJ i-rJ r') '<t a:i a:i r') r') ro ro ~ ~ DESCRIPTION Beginning at the C-W1/16 corner of Section 3, T2S, RSE, P.M.M.; thence along the E-W mid-section line of said Section 3 N89.48'24"E a distance of 30.00 feet; thence SOO.SO'28"W a distance of 1838.43 feet to a point on the north line of Tract 1 of C.O.S. No. 2360; thence along said line N89.S9'30"W I a distance of 30.00 feet to a point on the W1/16 line of said Section 3; thence along said line .w ?= NOO.SO'28"E a distance of 1838.33 in ro feet to the Point of Beginning. N ,N Said area being 1,266 acres. 0 0 l() ~ b 0 0 0 z (f) I ~ I i I ~ I I N89.S9'30"W GASTON ENGINEERINC 30,00' SlIHYEYlNC tft sons 1'ESTlNC 2 1111111111111111111111111111111111111111111111111111111 ~~~~~f0~~P Shelley Vanoe-Gallatin Co MT MISC 202,00 PUBLIC STREET EASEMENT --. Douglas L. Smith , GRANTOR, in consideration of $ 1.00 and for other and valuablc considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, sixty (60) , feet wide to be located on the following described real property: E 12 SW I;1 and W..,!2 W 12 SE I;1 SectiQnJ. T2S. R5E, P.M.M., Gallatin County, Montana The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. ~/I- ,-fu",ie DATED this ,Zet-day of , 2 OJ!~~ STATE OF MONTANA) )ss. County of Gallatin ) On this.(t'\bday of ~____, 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Douglas I" Smith, known to me to be the person whose names is subscribed to the within instrument, and acknowledged to me that he did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and atlixed my Notarial Seal the day and year first above written. - \ \ II111I I11111111111111111111111111111111111111111111111111111I ~~~~~~0~:P ,'\VI ! ( Shelley Vanoe-Gallatln Co MT MISC 202.00 (SEA~~ .'. 1l4/i.. "/ " .. < "~.. 0 ~/, ~e""'" "'.M,\'CQ .:: Q .0 ,. AAI '. 1) ", :: : ~04{ .v:_ N tary Public for the State of Montana -,,~, ~ * :.. SEAL .-" ~ Residing at J~o3e.mo....._B 01"\.""-"'- "'- ~-~....# My Commission Expires Be.i~, z. 7 LO c) '3 , "1~.... .~i(' ',OFMO ACCEPTED: ~A.~ , "",""'----- crrv OF BOZEMAN by its City Manager M2 p ~ _____L ,"" - Clerk of the Commission STATE OF MONTANA) )ss. County of Gallatin ) On this /q!+- day of ~ fp.n/[h-ev , 2005, before me, a Notary Public for tbe State of Montana, personally appeared CH IS KUKULSKI and ROBIN L. SlJLLlV AN, known to me to be thc City Managcr and Clerk of thc Commission, respectively, of the City of Bozeman and the pcrsons whosc names are subscribed to the within instrument, and acknowlcdged to me that they executed the same for and on behalf ofthc City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written, (SEAL) VU'i.t VUL ~~kL~-"\... W.._ Notary Public!? hc Statc of ontana Residing at /-:JtiL€"j/]'ttZ"'c My Commission Expires -? /Z<j2t)t1? , .. -0 , . 1111111111111111111111111111111111111111111111111111111 ~~;~~~~~p Shelley Vanoe-Gallatln C~ MT MISC 202.00 EXHIBIT A SHOWING A 60'-WIDE PUBUC STREET AND UTILITY EASEMENT ACROSS PORTIONS OF THE El/2SW1/4 AND THE Wl/2Wl/2SE1/4 SECTION 3, T2S, R5E, P .M.M., GALLATIN COUNTY, MONTANA .. ~ It }. 1:l____ ~" ~~ :?; 15 I 'i---- ~ l()~ I _ 0 co' z+ .. I lOa ~ .<0 W a ;j, I a .', U1 I I I "k.~~ .., ... I I I I 1 :IDM . 200 ft. I m 1- co I~ c:i las co Ol Ol ~ I~ I I ,M'6f'9Z DESCRIPTION ;:;- At.9f',nO\oos I Beginning at the C-W1/15 corner I of Section 3, T2S, RSE, P.M,M,; I thence along the E-W mid-section line of said Section 3 to the C- W ~ I E1/54 corner N89'48'24"E a ~ I distance of 1980.89 feet; thence I along the W-E 1/64 line of said ~ Section 3 SOO.S8'S7"W a distance .!, I of 50.01 feet; thence S89.48'24"W 51 It I a distance of 1980.74 feet to the J. I W1/16 line of said Section 3; I thence along said line NOO.SO'28"E a distance af 60.01 feet to the I Paint of Beginning. Said area being 2,728 acres. w ~ -v- -v- N N 00 00 ;:'t v- Ol en co co z U1 I I a::: I w z I a::: 0 I ,!-LJ u I 00- <0 N~ "- - a I o. ~ loo ~~ I 0<0 0 GASTON ENGINEERING ~I z SURJ'EYINC ... SOILS TESTlNC Q..U I 2 , . , 1/1111/111/1111111111111111111111/11111111111111/111111 ~~~~~~~: Shelley Vanoe-Gallatln Co MT MISC 202,00 ' PUBLIC STREET EASEMENT Douglas L. Smith , GRANTOR, in consideration of $ 1.00 and for other and valuablc considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation ofthc State of Montana, with oflices at 411 East Main, Bozeman, Montana 597 15, GRANTEE, its successors and assigns, a perpetual strcct and utility easemcnt for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, ninety (~~n_, fcct wide to bc located on thc following dcscribed real propcrty: E 'h SW l;4 and W Yz W 1;2 SE l;4 Scction.1"T2S, R5E, P.M,M., GalJ<ltirLC~l!!Jlty, Montana The eascmcnt is more particularly describcd on the attached Exhibit_A_ which by this reference is made a part hereof. The GRANTOR statcs that he possesscs the real property describcd abovc and that he has a lawful right to grant an casement thereon. The GRANTOR further agrees that the GRANTEE may pcaceably hold and enjoy the rights and privileges hcrcin granted without any interruption by the GRANTOR. Thc terms, covenants, and provisions of this easement shall cxtcnd to and be binding upon the heirs, executors, administrators, pcrsonal representatives, succcssors, and assigns of the parties hereto. h. ,71 , ~ , 2005. DA TED t IS ;L';..-dayof _..._ (/ N L:. G~OR ST A TE OF MONTANA) )ss, County of Gallatin ) <tI:::: On this .;:;<<:> day of S lJ.A--.--"-o _u...,..._~, 2005, beforc mc, thc undcrsigned, a Notary Public for the State of Montana, personally appearcd Douglas I,. Smith, known to me to be the person whose names is subscribed to the within instrumcnt, and acknowledged to me that he did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal thc day and year first ahove written. , 111111111111111111111111111111111111111111111111111111I ~~e~~f0~:P Shelley Vanoe-Gallatin Co MT MISC 202,00 (SEAL) \ \ \ I I Ji" \\ 1 ~~ ~O(V, N, \'-\,\\e.(.- ,,\ ~f-'>. M. MIl. 1// "0 .......( /... ':"ft./.. .~~> Notary Public for the State of Montana ::: Q: alAR/A .,'P ::. - . ~ 1..._ Residing at __~a1t.......c...... \---A ,,~~ "'- =*., SEAL :*~ My Commission xplres j~~.0~~."_3:-7 200 '7 -'" . . .- - tPA'., . . .~ ,~- '!~~ OF.MO~~' ... , / \ \ I I II I , , , ACCEPTED: --. CITY OF BOZEMAN by its City Manager A~ Q-7~ C erk ()fthe Commission. STATE OF MON'l'ANA) )ss. County of Gallatin ) On this / qc~ day orciitif':f#'t bf.-v ,2005, before me, a Notary Public for the State of Montana, personally appeared CH IS KUKULSKJ and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the Commission, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged (0 me that thcy executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) \.ice (iL FVL C;1)/lt?~Z'll )/k ,-( Notary PublicJpr thgState of Mo~tU1::"--- Residing at lYl/lDf/y1(l41..... My Commission Expires~/? (;!2l)tYj .. '. 1111111111111111111111111111111111111111111111111111111 ~~.~~f.~: Shelley Vanoe-Gallatln Co MT MISC 202.00 EXHIBIT A SHOWING A 90'-WIDE PUBUC STREET AND UTILITY EASEMENT ACROSS PORTIONS OF THE El/2SW1/4 AND THE Wl/2Wl/2SE1/4 SECTION 3, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA N89.48'24"E f"-jV MID-Sf"CnON LINf" 90 02' P.O.B. I I I I I i . I 200 0111D2IXI 40D 110O I ~...~ I I 1_~IOOft. 88.346 ACRES I I I I I I lol ill ~I r-; o 0 r---I r--- OJ OJ ~ ~ Nl'W ...-a I R.3 I I I I I I ~ I ~ I ~ DESCRIPTION I ~ Beginning at a point on the I '1 I E-W mid-section line of I '" I Section 3, T2S, R5E, P.M.M. which bears S89"4S'24"W a I I distance of 45,01 feet from the I I center 1 /4 corner of said wi I ~ Section 3; thence along the wI IW E-W mid-section line of said ,1'0 f") Section 3 N89"48'24"E a f") , If) I I ~ distance of 90,02 feet; thence 81 I b SOO'53'36"W a distance of z ~ 1970.76 feet to a point on the I I north line of Diamond Estates I Subdivision No.2, Phase I; I thence along said line N89"59'30"W a distance of 90.01 feet; thence NOO"53'36"E a distance of 1970.45 feet to the Point of Beginning. Said area being 4,071 acres. I I N89.59'30"W ~0.01' . . ~, 11111\1 "\11 \1111 \1\1\' \1111\1\1 1\'1"1 1111111"1 II 1"1 ~~~!.f!e~p Shelley Vanoe-Gallatln Co MT MISC 202,00 Consent to Annexation of Adjacent County Right of Ways to the City of Bozeman I, ~-.,; l\ \~~ -h. N ~~ ' Chairman of thc Board of County Commissioners, holdcr of bcncfici~est in the strcet rights of way dcscribcd on Exhibit "A" attachcd hereto and madc part hereof, do hercby acknowledgc and agrcc to the annexation of thesc street rights of way by the City of Bozcman. . --, S\- day of A"'S'-" s\- Datcd thIS (-~ \ ' 2005 Chairman Board of County Commiss oners . . 111111111111 11111 1111111111111111111111 1111111111111111 ~~~~~f.: Shelley Vanoe-Gallatln Co MT MISC 202,00 EXHIBIT A SHOWING A 30'-WIDE COUNTY ROAD EASEMENT FOR FLANDER MILL ROAD AND A 65' -WIDE PUBLIC STREET EASEMENT FOR FUTURE OAK STREET ACROSS PORTIONS OF THE Wl/2 SECTION 3, T2S, R5E, P oMoMo, GALLATIN COUNTY, MONTANA SOO"S1'01"W _.' . "f ___~--~-- N89048'24"E 630,OZ' ( 6S,01' { N~fii~-'!1-,-- 'i.:=------ -- 1294~ - - \-. FUTURE OAK W7/4 CORNER STREET . "k.r~ i i .~~BODft. l'J f-_ ~ lr) l"J l"J 10:, C:) --J ~;l (l:- f--- ~-':! :5 DESCRIPTION ~Q ~ ~ FLANDERS MILL ROAD Beginning at a point which ,j bears N86"SS' 43"E a distance l of 1294.S8 feet from the W1/4 ti! corner of Section 3, TZS, RSE, ~ P.M.M.; thence N89"48'24"E a -~ distance of 630.02 feet; thence SOO'S1'01"W a distance of 6S.01 feet to a point on the E-W mid-section line of said Section 3; thence along the said E-W mid-section line S89"48'24"W a distance of 600.00 feet to a point on the W1/16 line of said Section 3; thence along said W1/16 line SOO"SO'28"W a distance of 1838.33 feet; thence N89"S9'30"W a distance of 30.00 feet; thence NOO'SO'28"E a distance of 1903,23 feet to the Point of Beginning. Said area being 2.206 acres, N8g"S9'30"W I 30.00'