HomeMy WebLinkAbout20- Annexation Agreement - Steven R. Aaker - University Crossing 2020 Inter-office Original. to:
City of Bozeman
City Clerk PLATTED
PO Box 1230
Bozeman MT 549771-1230
2687818
J Page: 1 of 18 07/02/2020 01:57:00 PM Fee: $126.00
Eric Semerad - Gallatin County, MT MISC
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UNIVERSITY CROSSING 2020
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of �; \ , 2020,
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 Steven R. Aaker, 15658 Deer
Mountain Circle, Broomfield CO, hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the UNIVERSITY CROSSING 2020 ANNEXATION situated in Gallatin County, Montana, and
more particularly described as follows:
An area of land comprised described as follows:
That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the
Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., Gallatin County,
Montana, described as follows:
Beginning at the Southwest Corner of Lot 3, University Crossing Minor Subdivision No. 503;
thence westerly 271°22'33", assumed azimuth from north, 243.14 feet on the westerly extension
UNIVERSITY CROSSING 2020 Annexation Agreement 1
of the south line of said Lot 3; thence northerly 0009720" azimuth 89.39 feet; thence
northeasterly 046°16'01" azimuth 79.96 feet; thence northeasterly 028°55'08" azimuth 77.03
feet; thence northerly 007°19'59" azimuth 223.03 feet to the centerline of Kagy Boulevard;
thence easterly 091°23'42" azimuth 126.76 feet along said centerline; thence southerly
181°03'08" azimuth 435.12 feet, along the west line of said University Crossing Minor
Subdivision No. 503 to the point of beginning.
Area= 76,185 square feet or 1.7490 Acres or 7,077.8 square meters. Subject to existing
easements.
All as depicted on the UNIVERSITY CROSSING 2020 Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the UNIVERSITY CROSSING 2020 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 UNIVERSITY CROSSING 2020
ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the UNIVERSITY
CROSSING 2020 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 UNIVERSITY CROSSING
2020 ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and
that 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
UNIVERSITY CROSSING 2020 Annexation Agreement 2
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 UNIVERSITY CROSSING 2020 ANNEXATION; and
WHEREAS,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 implement
this Agreement.
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the UNIVERSITY CROSSING 2020
ANNEXATION with the City on October 9, 2019. By execution of this Agreement, the City manifests
its intent to annex the UNIVERSITY CROSSING 2020 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 UNIVERSITY
CROSSING 2020 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
UNIVERSITY CROSSING 2020 ANNEXATION.
UNIVERSITY CROSSING 2020 Annexation Agreement 3
3. Services Provided
The City will, upon annexation, make available to the UNIVERSITY CROSSING 2020
ANNEXATION existing City services only to the extent currently available, or as provided in this
Agreement.
4. Municipal Water 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 UNIVERSITY CROSSING 2020 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 UNIVERSITY CROSSING 2020
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 UNIVERSITY CROSSING 2020 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 UNIVERSITY CROSSING 2020
UNIVERSITY CROSSING 2020 Annexation Agreement 4
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
6. Water Rights
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 of Bozeman 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.
7. Comprehensive Water and Water Design 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
UNIVERSITY CROSSING 2020 Annexation Agreement 5
system are necessary, the Landowner agrees prior to development of the UNIVERSITY CROSSING
2020 ANNEXATION to complete, at Landowner's expense, the necessary system improvements to
serve the proposed development.
S. 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 UNIVERSITY CROSSING 2020 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 UNIVERSITY
CROSSING 2020 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
UNIVERSITY CROSSING 2020 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 UNIVERSITY CROSSING
2020 ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from public streets and other impermeable 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 of runoff from public streets, other impermeable surfaces, and all future lots will be
UNIVERSITY CROSSING 2020 Annexation Agreement 6
achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details
(including 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 UNIVERSITY CROSSING 2020 ANNEXATION to transport treated runoff to 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 UNIVERSITY
CROSSING 2020 ANNEXATION.
10. Waiver of Right-to-Protest Special Districts
A. Landowner must execute a Waiver of Right-to-Protest Creation of Special Districts(SID)
or special district for the maintenance of any parks 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 Improvement
Districts or Special Districts for street and transportation improvements including design and
engineering, paving and subsurface improvements, curb and gutter, sidewalk and stormwater drainage
facilities, and fiber optic conduit for West Kagy Boulevard, South 191h Avenue, and South 271h Avenue
and signalization improvements for the following intersections: a) West Kagy Boulevard and South I9ch
Avenue, and West Kagy Boulevard and South 27"'Avenue. The Landowner agrees such SID or special
districts will provide a mechanism for the fair and equitable assessment of construction and maintenance
UNIVERSITY CROSSING 2020 Annexation Agreement 7
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 an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall 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.
11. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement must be provided
at the time Landowner returns the signed annexation agreement for a fifteen (15) foot public street
easement for expanding the southern side of Kagy Boulevard as depicted with the annexation
application. The Landowner understand and agrees that a ten (10) foot utilities easement per
38.410.060.13,BMC must be provided a at the time Landowner returns the signed annexation agreement
along the property's frontage with Kagy Boulevard. The Landowner, at its sole expense, has created
such an easements in a location and form agreeable to the City and the easement will be filed at the
Gallatin County Clerk and Recorder's Office.
12. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of
Kagy Boulevard and its related transportation infrastructure fronting the UNIVERSITY CROSSING
2020 ANNEXATION this property must be improved to a City standard.
13. Impact Fees
UNIVERSITY CROSSING 2020 Annexation Agreement 8
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 UNIVERSITY CROSSING 2020 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
may, at its option, enforce payment of such amount by levying an assessment on
the property.
UNIVERSITY CROSSING 2020 Annexation Agreement 9
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 UNIVERSITY
CROSSING 2020 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. Payback Districts
The UNIVERISTY CROSSING 2020 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. Meadow Creek Subdivision traffic signal payback amount of$1,386.57 (One Thousand
Three Hundred Eighty-Six dollars and Fifty-Seven cents).
b. Meadow Creek Subdivision sewer improvements payback amount of $967.58 ( Nine
Hundred Sixty-Seven dollars and Fifty-Eight cents).
16. 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 UNIVERSITY CROSSING 2020 ANNEXATION.
The parties further agree that the City may file these documents at any time.
17. GoverninL,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.
UNIVERSITY CROSSING 2020 Annexation Agreement 10
18. 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 of in-house counsel including City
Attorney.
19. 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.
20. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
21. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
22. 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.
23. 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.
UNIVERSITY CROSSING 2020 Annexation Agreement 11
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the UNIVERSITY CROSSING
2020 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.
LANDOWNER
STEVEN R. AAKER
STATE OF COLORADO )asa,
-F—AMSl --k,:ss
COUNTY OF )
On this day of r • 1 , 2020, before me, the undersigned, a Notary
Public for the State of Colorado,perso lly appeared Steven R. Aaker 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.
(SEAL)
JASON BUSHMAN
NOTARY PUBLIC (P inted Name Here) -Jazz. ,— Vim: —
STATE OF COLORADO Notary Public for the State of Go
NOTARY It)20064025004 Residing at (Qoq 6 —6 J�-.�s�p.�/•� L�w.�C�t�(,(,
My Commission Expires December 10.2023
My Commission Expires: o Z'y
(Use 4 digits for expiration year)
UNIVERSITY CROSSING 2020 Annexation Agreement 12
CITY OF BOZEMAN
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ATTEST:
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STATE OF MONTANA ) iF-3Fa`
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COUNTY OF GALLATIN ) �e�
On this Ile day of J , 2020, before me, a Notary Public for the
state of Montana, personally ppeared and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as htterim City Manager and 4Rw-�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.
HEATHER BIENVENUE
. Notary Public
'N07AR/4<?m;for the State of Montana 4( rinted Name Here)
= Residing at: Notary Public for the State of Montana
Bozeman, Montana Y
%9 My Commission Expires: Residing at
of No January 26, 2022
My Commission Expires:
(Use 4 digits for expiration year)
UNIVERSITY CROSSING 2020 Annexation Agreement 13
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS, TRAILS OR OPEN SPACE
UNIVERSITY CROSSING 2020 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the
Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., Gallatin County,
Montana, described as follows:
Beginning at the Southwest Corner of Lot 3, University Crossing Minor Subdivision No. 503;
thence westerly 271°22'33", assumed azimuth from north, 243.14 feet on the westerly extension
of the south line of said Lot 3; thence northerly 000°37'20" azimuth 89.39 feet; thence
northeasterly 046'16'01" azimuth 79.96 feet; thence northeasterly 028°55'08" azimuth 77.03
feet; thence northerly 007°19'59" azimuth 223.03 feet to the centerline of Kagy Boulevard;
thence easterly 091°23'42" azimuth 126.76 feet along said centerline; thence southerly
181°03'08" azimuth 435.12 feet, along the west line of said University Crossing Minor
Subdivision No. 503 to the point of beginning.
Area= 76,185 square feet or 1.7490 Acres or 7,077.8 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
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
UNIVERSITY CROSSING 2020 Annexation Agreement 14
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.
DATED this 1 y day of Q i L , 2020.
LANDOWNER Q
Steven R. Aaker
STATE OF COLORADQ�
�aS7d. :ss
COUNTY OF B*66MFiE�D )
On this 14 day of r- ;I , 2020, before me, the undersigned, a Notary Public
for the State of Colorado, personally appeared Steven R. Aaker 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.
(SEAL)
JASON BUSHMAN
NOTARY PUBMIC (P inted Name Here)
STATE OF COLORADO Notary Public for the State of CC)
NOTARY ID 20064025004
My Commission Expires Deoember 10.2023 Residing atj ��a�S v I C4T
My Commission Expires: }
(Use 4 digits for expiration ye r)
UNIVERSITY CROSSING 2020 Annexation Agreement 15
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
UNIVERSITY CROSSING 2020 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the
Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., Gallatin County,
Montana, described as follows:
Beginning at the Southwest Corner of Lot 3, University Crossing Minor Subdivision No. 503;
thence westerly 271°22'33", assumed azimuth from north, 243.14 feet on the westerly extension
of the south line of said Lot 3; thence northerly 000°37'20" azimuth 89.39 feet; thence
northeasterly 046°16'01" azimuth 79.96 feet; thence northeasterly 028°55'08" azimuth 77.03
feet; thence northerly 007 19'59" azimuth 223.03 feet to the centerline of Kagy Boulevard;
thence easterly 091°23'42" azimuth 126.76 feet along said centerline; thence southerly
181°03'08" azimuth 435.12 feet, along the west line of said University Crossing Minor
Subdivision No. 503 to the point of beginning.
Area= 76,185 square feet or 1.7490 Acres or 7,077.8 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 impacts to West
Kagy Boulevard, South 191h Avenue, and South 271h Avenue, and the intersections of West Kagy
Boulevard and South 19"Avenue and West Kagy Boulevard and South 271h 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 forever the right to protest the creation of one or more 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,
UNIVERSITY CROSSING 2020 Annexation Agreement 16
and storm drainage facilities for West Kagy Boulevard,South 19t'Avenue,and South 27t'Avenue;
and intersection improvements for the intersections of West Kagy Boulevard and South 19tn
Avenue and West Kagy Boulevard and South 27" 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 SID 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 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.
UNIVERSITY CROSSING 2020 Annexation Agreement 17
DATED this day of , 2020.
LANDOWNER
Steven R. Aaker
STATE OF COLORADO _)
ss
COUNTY OF
On this day of A- 2020, before me, the undersigned, a Notary Public
for the State of Colorado, personally appeared Steven R. Aaker 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.
(SEAL)
(Pr' ted Name Here) ws.b
Notary Public for the State of ,I
JASON BUSHMAN Residing at a,.� (y� �7 -c ('�
NOTARY PUBLIC My Commission Expires: to 2 3 �jaoZtP
STATE OF COLORADO (Use 4 digits for expiration yea
NOTARY ID12e 0pe2mber 10.2023
My Commission Exp
UNIVERSITY CROSSING 2020 Annexation Agreement 18