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HomeMy WebLinkAbout01-27-20 City Commission Packet Materials - C3. Res. 5134, Adoption of Nahorniak Annex., App. 193351 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Adoption of Resolution 5134, the Nahorniak Annexation to annex 1.1942 acres at 5170 Durston Road, and authorize the Interim City Manager to sign the annexation agreement, Application 19335. MEETING DATE: January 27, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 5134, the Nahorniak Zone Map Annexation to annex 1.1942 acres at 5170 Durston Road, and authorize the Interim City Manager to sign the annexation agreement. The property consists of one parcel of land and adjacent right of way. BACKGROUND: The applicant submitted application 19335 to annex into the City and to apply a zoning classification of R-4, Residential High Density, to the subject property. City staff and the Zoning Commission recommended approval of the application. On October 21, 2019, the City Commission held a public hearing and unanimously voted to annex the property, subject to terms of annexation. All terms of annexation have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Resolution 5134 as presented and recommended. 2) Determine that the prior decision to annex was in error and do not adopt the resolution. FISCAL EFFECTS: None Attachments: Resolution 5134 Annexation Agreement and Map Report compiled on January 9, 2020 Commission Memorandum 13 Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 1 of 3 RESOLUTION NO. 5134 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, 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, NAHORNIAK ANNEXATON APPLICATION 19335. WHEREAS, the City of Bozeman received a petition for annexation from MJN Properties, LLC current landowners of record, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 1.1942 acres, located at 5170 Durston Road; and WHEREAS, the current landowner of record of real property consisting of one parcel of land described as a part of Tract 6 and Tract 7, Smith Subdivision, located in the NW ¼ of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. requested 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 October 21, 2019; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on October 21, 2019; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 14 Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 2 of 3 WHEREAS, on October 21, 2019, the Commission approved the annexation subject to an annexation agreement which was signed by the current land owner prior to the public hearing; 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 SIDs, and water and sewer hookup fees, to said contiguous tracts 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, M.C.A., 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 12.0 acres, to wit: Legal Description The property is described as: That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana as described in Document Number 2602650, records of said office of the Clerk and Recorder, and that part of adjacent right of way for Durston Road as described on Document Number 2226667 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northwest Quarter of Section 11, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and further described as follows: Beginning at the southwest corner of said property described in Document Number 2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along 15 Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 3 of 3 the west line of said Tract 6; thence westerly 270°55'41" azimuth 10.00 feet; thence northerly 001°57'28" azimuth 163.86 feet along the west line of said property described in Document Number 2602650 and its northerly extension to the centerline of the right of way of Durston Road; thence easterly 090°56'46" azimuth 149.29 feet along said centerline; thence southerly 181°53'50" azimuth 290.00 feet along the east line of said property described in Document Number 2602650 and its northerly extension; thence along the boundary of said property described in Document Number 2602650 on the following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth 73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning. Area = 52,018 square feet, 1.1942 acres Section 2 The effective date of this annexation is January 28, 2020. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 27th day of January, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS Interim City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 16 17 Inter-office Original_to: City ofBozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 NAHORNIAK ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this day of _,20_ by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and MJN Properties, LLC, 5170 Durston Road, Bozeman MT 59718, hereinafter referred to as "Landowner". WITNES8ETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the NAHORNIAK ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana as described in Document Number 2602650, records of said office of the Clerk and Recorder, and that part of adjacent right of way for Durston Road as described on Document Number 2226667 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Nahomiak Annexation Agreement 1 18 Northwest Quarter of Section 11, Township 2 South, Range 5 East ofP.M.M., Gallatin County, Montana, and further described as follows: Beginning at the southwest comer of said property described in Document Number 2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along the west line of said Tract 6; thence westerly 270°55'41" azimuth 10.00 feet; thence northerly 001°57'28" azimuth 163.86 feet along the west line of said property described in Document Number 2602650 and its northerly extension to the centerline of the right of way ofDurston Road; thence easterly 090°56'46" azimuth 149.29 feet along said centeriine; thence southerly 181°53'50" azimuth 290.00 feet along the east line of said property described in Document Number 2602650 and its northerly extension; thence along the boundary of said property described in Document Number 2602650 on the following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth 73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning. Area = 52,018 square feet, 1.1942 acres or 4,832.6 square meters. Subject to existing easements. All as depicted on the NAHORNIAK Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the NAHORNIAK ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the NAHORNIAK ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the NAHORNIAK ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City's transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the NAHORNIAK ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that Nahomiak Annexation Agreement 2 19 future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the NAHORNIAK ANNEXATION; and WHEREAS, the parties have detennined 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 implement this Agreement. WITNESSETH: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals 2. The above recitals are tme and correct. Annexation The Landowner filed an application for annexation of the NAHORNIAK ANNEXATION with the City on July 31, 2019. By execution of this Agreement, the City manifests its intent to annex the NAHORNIAK ANNEXATION tract pursuant to the terms and conditions 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 NAHORNIAK ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the NAHORNIAK ANNEXATION. Nahomiak Annexation Agreement 3 20 3. Services Provided The City will, upon annexation, make available to the NAHORNIAK ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. MynicioalJVater Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the NAHORNIAK ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the NAHORNIAK ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the NAHORNIAK 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 NAHORNIAK ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. Nahorniak Annexation Agreement 4 21 6. Water Rishts The Landowner specifically recognizes and agrees the Landowner must provide water rights or cash in-lieu of water rights upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City ofBozeman prior to development. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Public Service, prior to development. In conjunction with annexation, Landowner shall pay $1,414.00 for cash-in-lieu of water rights for the existing home on the NAHORNIAK ANNEXATION. 7. Water and Sewer Connections Landowner understands and agrees that any future development upon the NAHORNIAK ANNEXATON must connect to municipal water and sewer and shall require existing development to connect at the same time. Water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction requirements. Landowner must notify the City Water and Sewer Division a minimum of 48 hours prior to construction of the services and disconnection of the well and septic system abandomnent. Landowner further understands and agrees that prior to connection to the City water and sewer Nahorniak Annexation Agreement 5 22 system, the existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Division that the abandonment occurred. The Landowner must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer line from the house to the septic tank has been completely disconnected from the existing septic system prior to the Landowner connecting the sanitary sewer line coming from the house to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to domestic water piping. Certification that there is no physical connection between an on- site well and the domestic water line coming from the City's water supply to the house must be provided. The City Water and Sewer Division may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon the existing septic system and/or fails to disconnect the existing well from the domestic water piping as required herein the City may upon ten day's written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Comnrehensiv^ Water^ind Water Desisn Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner's sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater Nahomiak Annexation Agreement 6 23 system are necessary, the Landowner agrees prior to development of the NAHORNIAK ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the NAHORNIAK ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the NAHORNIAK ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to the NAHORNIAK ANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the NAHORNIAK ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impenneable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment ofrunofffrom public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including Nahorniak Annexation Agreement 7 24 basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the NAHORNIAK ANNEXATION to transport treated runoffto the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the NAHORNIAK ANNEXATION. 10. Waiver of Risht-to-Protest Special Districts A. Landowner must execute a Waiver ofRight-to-Protest Creation of Special Districts (SID) for the maintenance of any parks and trails within the annexed area and/or of a City-wide Park, Trails, or Open Space District. The Landowner agrees such district will provide a mechanism for the fair and equitable assessment of maintenance costs for parks serving the development. 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 of Right-to-Protest Creation of Special Districts or Special Improvement Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and stonnwater drainage facilities, and fiber optic conduit for Durston Road, Fowler Avenue, and N. 27 Avenue and signalization improvements for the following intersections: a) Durston Road and Fowler Avenue; b) Durston Road and N. 27 Avenue. The Landowner agrees such SID or special district will provide a mechanism for the fair and equitable assessment of 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. C. Landowner agrees that in the event a special district or an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall Nahorniak Annexation Agreement 8 25 participate in an alternative 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, taxable valuation of the property, traffic contribution from the development or a combination thereof. 10. Payback Districts The NAHORNIAK ANNEXATION is within multiple infrastructure payback districts. Landowner agrees to pay the following paybacks at the time Landowner returns the signed annexation agreement to the City. a. SID 684 (Durston Road) payback amount of $8,352.59 (Eight Thousand Three Hundred Fifty-Two dollars and Fifty-Nine cents) b. Meadow Creek Subdivision Sewer payback amount of $225.77 (Two Hundred Twenty- Five dollars and Seventy-Seven cents) 11. Utility Easement The Landowner understands and agrees that a utility easement must be provided for a width of 10 feet from east to west along Durston Road per 38.410.060.B of the municipal code. The Landowner, at its sole expense, has created such an easement in a location and form agreeable to the City and the easement has been filed at the Gallatin County Clerk and Recorder's Office. 12. Street ImBrovements The Landowner understands and agrees that at the time of future development the portion of Durston Road and its related transportation infrastructure fronting the NAHORNIAK ANNEXATION this property must be improved to a City standard at Landowner's expense. Nahorniak Annexation Agreement 9 26 13. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay 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 the time 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 the time 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 NAHORNIAK ANNEXATION municipal services and which 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 default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default. City may at its 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 Nahorniak Annexation Agreement 10 27 may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 14. Assessments Landowner understands and agrees that after this Agreement is recorded the NAHORNIAK ANNEXATION will be subject to City assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 15. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the NAHORNIAK ANNEXATION. The parties further agree that the City may file these documents at any time. 16. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 17. Attorney'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. 18. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the 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. Nahorniak Annexation Agreement 11 28 19. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be constmed in all respects as if such invalid or unenforceable provision were omitted. 20. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 22. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 23. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the NAHORNIAK ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Nahorniak Annexation Agreement 12 29 LANDOWNER > ^1-:;: ;• MJN By:Properties ^;K M^LLC ^<^, ^^'^ .^w^ STATE OF MONTANA ) :ss COUNTY OF GALLATW ) 7-^ On this day of '2^)2-0 <f^^ (^ rf>V c^| , iO^T^efore me, the undersigned, a Notary Public for the State of Montana, personally appeared^ M -a rk Nfi '1 u ^/T ^i /< known to me to same be the for landowner and on behalf that of executed landowner. the within instmment, and acknowledged to me that he executed the year first IN WITNESS above written. WHEREOF, I have hereunto set my hand and affixed my official seal the day and (SEAL) ^A;T^ SHEILATINJUM ^.V. . . . .-v^ Notary Notary Public Public /^OTAR^^.- ^for the State of Montana 1*:.W'AT ;'*! ^^Res^in8.at: Bozeman, Montana ^ My Commission Expires: ^""" . August 03, 2023 •^ ^L (Printed Name Here) Notary Public for the State of Residing at My Commission Expires: / (Use 4 digits for expiration^ear) Nahorniak Annexation Agreement 13 30 Nahorniak Annexation Agreement 14 CITY OF BOZEMAN ____________________________________ By: Dennis Taylor, Interim City Manager ATTEST: ________________________________ Mike Maas, Interim City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2020, before me, a Notary Public for the state of Montana, personally appeared Dennis Taylor and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and Interim City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 31 EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL DISTRICT FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS, TRAILS OR OPEN SPACE NAHORNIAK ANNEXATION The undersigned owner of the real property situated in the County ofGallatin, State of Montana, and more particularly described as follows: That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana as described in Document Number 2602650, records of said office of the Clerk and Recorder, and that part of adjacent right of way for Durston Road as described on Document Number 2226667 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northwest Quarter of Section 11, Township 2 South, Range 5 East ofP.M.M., Gallatin County, Montana, and further described as follows: Beginning at the southwest corner of said property described in Document Number 2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along the west line of said Tract 6; thence westerly 270°55'41" azimuth 10.00 feet; thence northerly 001°57'28" azimuth 163.86 feet along the west line of said property described in Document Number 2602650 and its northerly extension to the centerline of the right of way ofDurston Road; thence easterly 090°56'46" azimuth 149.29 feet along said centerline; thence southerly 181°53'50" azimuth 290.00 feet along the east line of said property described in Document Number 2602650 and its northerly extension; thence along the boundary of said property described in Document Number 2602650 on the following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth 73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning. Area = 52,018 square feet, 1.1942 acres or 4,832.6 square meters. Subject to existing easements. 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 impact to City parks, 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 right to protest the creation of one or more special districts to fund capital improvements, operations, and Nahomiak Annexation Agreement 15 32 maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces throughout the City, which would provide a mechanism for the fair and equitable assessment of costs for City parks, trails, and open spaces, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special 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 covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. ftw^h SlTOG DATED this _J_ day of ^a^cM\/ _^.20t^. LANDOWNER ^^ By:74^"/A^".^, ^^'a\ .^e^w STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) _ „ On this / day of '_y^z-^-t^<'^-^'^ ,^GT9, before me, the undersigned, a Notary Public for the StateofMontana, personally appeared AAtt^ki /^'^ ^ y,-^ , ^^- , known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (S£^VA-T/^. SHEILATINJUM" /'^:'^^:.'^\ .-_., Notary Public f :.-<,oTAft^^.y \ for the State of Montana &^EAL<OPMC^ ^;,,"^:"€/ <" .B02imart:Mycomm's?MOTta.iP"Exp'res^na (ifrinted :^^Name "D,;^ Here) Nahomiak Annexation Agreement •..s <: s August os, 2023 tary Public for the State of 16 33 Residing at My Commission Expires: / (Use 4 digits for expiration y^ar) Nahomiak Annexation Agreement 17 34 EXHIBIT "B" )» WAIVER OF RIGHT TO^RQTEST CREATION OF SPECIAL DISTMCT OR SPECIAL IMPROVEMENT DISTRICTS NAHORNIAK ANNEXATION The undersigned owner of the real property situated in the County ofGallatin, State of Montana, and more particularly described as follows: That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana as described in Document Number 2602650, records of said office of the Clerk and Recorder, and that part of adjacent right of way for Durston Road as described on Document Number 2226667 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northwest Quarter of Section 11, Township 2 South, Range 5 East ofP.M.M., Gallatin County, Montana, and further described as follows: Beginning at the southwest corner of said property described in Document Number 2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along the west line of said Tract 6; thence westerly 270°55'41" azimuth 10.00 feet; thence northerly 001°57'28" azimuth 163.86 feet along the west line of said property described in Document Number 2602650 and its northerly extension to the centerline of the right of way ofDurston Road; thence easterly 090°56'46" azimuth 149.29 feet along said centerline; thence southerly 181°53'50" azimuth 290.00 feet along the east line of said property described in Document Number 2602650 and its northerly extension; thence along the boundary of said property described in Document Number 2602650 on the following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth 73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning. Area = 52,018 square feet, 1.1942 acres or 4,832.6 square meters. Subject to existing easements. BST 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 to Durston Road, Fowler Avenue, N. 27th Avenue and the intersections of Durston Road and Fowler Avenue and Durston Road and N. 27th Avenue which will be caused by the development of the above- described property, the owner has waived and does hereby waive for itself, its successors and assigns Nahomiak Annexation Agreement 18 35 forever the right to protest the creation of one or more special districts or special improvement districts for the design and engineering, construction and maintenance of following improvements: lighting, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for: a) Durston Road, b) Fowler Avenue, c) N. 27th Avenue, d) Intersection of Durston Road and Fowler Avenue, and e) Intersection ofDurston Road and N. 27th Avenue. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district 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 a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to 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, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant miming with the land. Nahomiak Annexation Agreement 19 36 The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this (<? day of 'SG.HUC^^ _,SQW^Z^^^ LANDOWNER ^"^ MJN By: Properties ^f^ ^Ito.LLC ^c^ ^m^^ A^^W' STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) I ^ -^ On this Y^ day of ^\<^^VA^V 7^1^ _, 2GtSr before me, the undersigned, a Notary Public for the State of Montana, personally appeared M «A'K N ^ ^.-^, ^ K. _, known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .<;"<(S%L) SHEILATINJUM /^"/v^ " "Notary Public ^' w.^o^w^ \ tor the State of Montana t *:. ^T."': * I - Res-^inq at^ y^. SEAL .^J Bozema'n, Montana V^'^.-. •/•iiS'^ My Commission Expires: "%""'^s"OF,^l^M0?^ ^' '"' AUBUst-03, 2023 J_ (Printed Name Here) Notary Public for the State Residing at z .; My Commission ' (Use 4 digits for expiration year) / Nahorniak Annexation Agreement 20 37