HomeMy WebLinkAbout20- Annexation Agreement - Blackwood Land Fund LLC - Blackwood Groves Inter-office Original PLATTED
City of Bozeman
City Clerk ✓
PO Box 1230
Bozeman MT 549771-1230
2693981
Page: 1 of 22 08/07/2020 12:00:47 PM Fee: $154.00
Eric Semerad - Gallatin County, MT MI SC
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BLACKWOOD GROVES
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this /j!y day of JU.4,�- , 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 Blackwood Land Fund LLC, 140
Village Crossing Way, Unit 313, Bozeman MT 59715 hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the BLACKWOOD GROVES ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised described as follows:
The S 1/2, SW '/4 of Section 24, and the N '/2,N '/2,NW 1/4 of Section 25, Township 2 South,
Range 5 East, P.M.M., Gallatin County, MT, except that part conveyed to the State of Montana
for highway right-of-way purposes for South 19th Avenue, State Project S 243(1), by bargain
and sale deed,recorded in Book 144 of Deeds, Page 148.
Also, a portion of the adjacent right of way of South 19th Avenue, State Project S 243 (1). Said
property is all described as follows:
BLACKWOOD GROVES Annexation Agreement I
Beginning at the center-south one-sixteenth corner of said Section 24; thence southerly
181°24'39", assumed azimuth from north, 1316.63 feet along the east line of the Southwest
Quarter of said Section 24; thence southerly 181°44'45" azimuth, 666.45 feet along the east
line of the Northwest Quarter of said Section 25; thence westerly 269°57'02" azimuth, 2599.67
feet along the south line of the North Half of the Northwest Quarter of said Section 25, to the
east right of way line of South 19th Avenue, State Project S 243(1); thence continuing westerly
269°57'02" azimuth, 100.00 feet to the west right of way line of said South 191h Avenue;
thence northerly 001°09'12" azimuth, 665.32 feet along the west right of way line of said South
19th Avenue; thence easterly 090°54'40" azimuth, 50.00 feet along the south line of the
Southeast Quarter of Section 23, Township 2 South, Range 5 East to the southeast corner of
said Section 23; thence easterly 089°50'46" azimuth, 50.00 feet along the southwest corner of
said Section 24; thence northerly 000°02'23" azimuth, 1331.71 feet along the east right of way
line of said South 19th Avenue; thence easterly 09095'00" azimuth, 1300.25 feet along the
north line of the South Half of the Southwest Quarter of said Section 24; thence easterly
090°15'03" azimuth, 1337.87 feet along said north line to the point of beginning.
Area= 5,270,255 square feet or 120.9877 Acres or 489,615.85 square meters. Subject to
existing easements.
All as depicted on the BLACKWOOD GROVES Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the BLACKWOOD GROVES 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 BLACKWOOD GROVES
ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BLACKWOOD
GROVES 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
BLACKWOOD GROVES Annexation Agreement 2
WHEREAS, the parties recognize additional development on the BLACKWOOD GROVES
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
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 BLACKWOOD GROVES 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 BLACKWOOD GROVES
ANNEXATION with the City on January 17,2020. By execution of this Agreement,the City manifests
its intent to annex the BLACKWOOD GROVES 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
BLACKWOOD GROVES 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
BLACKWOOD GROVES Annexation Agreement 3
assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the
annexation of the BLACKWOOD GROVES ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the BLACKWOOD GROVES
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 BLACKWOOD GROVES 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 BLACKWOOD GROVES 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 BLACKWOOD GROVES ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
BLACKWOOD GROVES Annexation Agreement 4
other costs for the collection of sewage services to or within the BLACKWOOD GROVES
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
BLACKWOOD GROVES Annexation Agreement 5
improvements necessary for the proposed development. If improvements to this water or wastewater
system are necessary, the Landowner agrees prior to development of the BLACKWOOD GROVES
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 BLACKWOOD GROVES 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 BLACKWOOD
GROVES 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
BLACKWOOD GROVES 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 BLACKWOOD GROVES
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
BLACKWOOD GROVES Annexation Agreement 6
treatment of runoff from 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
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
BLACKWOOD GROVES 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 BLACKWOOD GROVES
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 or shared use path,
stormwater drainage facilities, and fiber optic conduit for a) South 19th Avenue, b) South I Ith Avenue,
and c) Blackwood Road and signalization or other traffic control improvements for the following
intersections: d) Blackwood Road and South 19th Avenue, e) Blackwood Road and South 1 Ith Avenue,
f) Blackwood Road and South 3`d Avenue, g) Goldenstein Lane and South 3`d Avenue, and h)
BLACKWOOD GROVES Annexation Agreement 7
Goldenstein Lane and South 19th Avenue. The Landowner agrees such SID or special districts 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 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 Easements
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 ninety (90) foot public street
easement for extensions of South IIth Avenue and Blackwood Road as depicted in the Bozeman
Transportation Master Plan. 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 an
additional ten (10) foot public street and utility easement along the property frontage of South 19th
Avenue. The Landowner,at its sole expense,has created such easements in a location and form agreeable
to the City and the easements will be filed at the Gallatin County Clerk and Recorder's Office. The
Landowner further understands and agrees that additional public street and utility easements may be
required for delivery of municipal services with future development and such easement shall be provided
at the Landowner's sole expense.
12. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of
BLACKWOOD GROVES Annexation Agreement 8
South 19"' Avenue and its related transportation infrastructure fronting the BLACKWOOD GROVES
ANNEXATION must be improved to a City standard.
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 BLACKWOOD GROVES 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:
BLACKWOOD GROVES Annexation Agreement 9
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.
B) Elect any other remedy available to City under the laws of the State of Montana.
14. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the BLACKWOOD
GROVES ANNEXATION will be subject to City charges and 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
Landowner understands and agrees that the BLACKWOOD GROVES ANNEXATION is within
the Meadow Creek Subdivision payback district boundary for traffic signal, water, and sewer
improvements. The applicant must pay the payback districts upon future development. Reference
document Gallatin County Clerk and Recorder documents #2293491, 2293492, and 2293493,
respectively.
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 BLACKWOOD GROVES ANNEXATION. The
parties further agree that the City may file these documents at any time.
17. 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.
BLACKWOOD GROVES 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.
BLACKWOOD GROVES Annexation Agreement 11
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BLACKWOOD GROVES
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
BLACKWOOD LAND FUND LLC
By: Blackwood Management LLC
Its: Manager
_13*: rant Syth-
Its: Manager
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
/ 3_T !�
On this day of , 2020, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Grant Syth aA4anager for Blackwood Land Fund LLC
and acknowledged to me that they executed the same for and on behalf of landowner.;
LLC
IN WITNESS WHEREOF, I have hereunto set my hand hand affixed my official seal the day and
year first above written.
SHEILA TINJUM
Notary Public (Printed Name Here)
aoTAarg4. :for the State of Montana Notary Public for the State of
Resyding at:
crp;.SEAL.-,, Bozeman,Montana Residing at
My Commission Expires: My Commission Expires:
August 03,2023
(Use 4 digits for expiration year)
BLACKWOOD GROVES Annexation Agreement 12
By: Catrock Development LLC
Its: Member
y: Rand ph P. Scully
Its: Sole Member
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this day of J u�� , 2020, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Randolph P. Scully as Sole Member for Catrock
Development LLC and acknowledged to me that they 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)
(Printed Name Here)
Notary Public for the State of
SHEILA TINJUM Residing at
-for the Notary star Public
My Commission Expires:
�..• .,,
y'ao�Aa�a4. (Use 4 digits for expiration year)
Residing at;
*' Bozeman,Montana
SEAL�P2Q; My Commission Expires:
OF M�`;.�'\ August 03.2023
„
BLACKWOOD GROVES Annexation Agreement 13
CITY OF BOZEMAN
• J ihelich, City Manager
t"C,.
e7
ATTEST: OPO�$° °?.•�?
A►4
Mike Maas City Clerk 4''• 1 a3 •��'�
.�'gTIN CO ,.
STATE OF MONTANA )
:SS
COUNTY OF GALLATIN )
On this ZI day of �Iuu , 2020,before me, a Notary Public for the
state of Montana,personally appeared Jeff Mihelich and Mike Maas,known to me to the persons
described in and who executed the foregoing instrument as Imerinr Manager and 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.
ER BIENVENUE
f �1Ep BIEN` , NotaN Publlo
TARfq��m' for theRnij sttat�el t m ontana printed Name Here)
SEAL. Bozeman, Montana My commission Expires: 3'Notar Public for the State of Montana
�'
�FoF roe, January 26,2022 Residing at
My Commission Expires:
(Use 4 digits for expiration year)
BLACKWOOD GROVES Annexation Agreement 14
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS,TRAILS OR OPEN SPACE
BLACKWOOD GROVES ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
The S 1/2, SW 1/4 of Section 24, and the N %2,N '/2,NW '/a of Section 25, Township 2 South,
Range 5 East, P.M.M., Gallatin County, MT, except that part conveyed to the State of Montana
for highway right-of-way purposes for South 19th Avenue, State Project S 243(1), by bargain
and sale deed,recorded in Book 144 of Deeds, Page 148.
Also, a portion of the adjacent right of way of South 19`h Avenue, State Project S 243 (1). Said
property is all described as follows:
Beginning at the center-south one-sixteenth corner of said Section 24; thence southerly
181°24'39", assumed azimuth from north, 1316.63 feet along the east line of the Southwest
Quarter of said Section 24; thence southerly 181°44'45" azimuth, 666.45 feet along the east
line of the Northwest Quarter of said Section 25; thence westerly 269°57'02" azimuth, 2599.67
feet along the south line of the North Half of the Northwest Quarter of said Section 25,to the
east right of way line of South 19t'Avenue, State Project S 243(1); thence continuing westerly
269°57'02" azimuth, 100.00 feet to the west right of way line of said South 19th Avenue;
thence northerly 001°09'12" azimuth, 665.32 feet along the west right of way line of said South
191h Avenue; thence easterly 090°54'40" azimuth, 50.00 feet along the south line of the
Southeast Quarter of Section 23,Township 2 South,Range 5 East to the southeast corner of
said Section 23; thence easterly 089°50'46"azimuth, 50.00 feet along the southwest corner of
said Section 24;thence northerly 000°02'23" azimuth, 1331.71 feet along the east right of way
line of said South 191h Avenue;thence easterly 090°15'00" azimuth, 1300.25 feet along the
north line of the South Half of the Southwest Quarter of said Section 24; thence easterly
090015'03" azimuth, 1337.87 feet along said north line to the point of beginning.
Area=5,270,255 square feet or 120.9877 Acres or 489,615.85 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,
BLACKWOOD GROVES Annexation Agreement 15
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
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.
BLACKWOOD GROVES Annexation Agreement 16
DATED this day of l i 2 , 2020.
LANDOWNER
BLACKWOOD LAND FUND LLC
By: Blackwood Management LLC
Its: Manager
By: ran
Its: Manager
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this ! day of � — , 2020, before me,the undersigned, a Notary Public
for the State of Montana,personally appeared Grant Syth aNanager for Blackwood Land Fund LLC
and acknowledged to me that they executed the same for and on behalf of landowner. �1o,,t z 6 z v
4 i3itil-kwoo rna-1- " , L«
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
,"%X011"""""",, SHEILA TINJUM (Printed Name Here)
TIN'!G Notary Public Notary Public for the e of
�pTAR for the State of Montana /
Res in at: Residing at
SEAL ' Bozema;Montana My Commission Expires:
-,9�•...•�' P�, My Commission Expires:
` °FM�;�" August 03,2023 (Use 4 digits for expiration year)
BLACKWOOD GROVES Annexation Agreement 17
By: Catrock Development LLC
Its: Member
,L—,h — 4
By: Randolo P. Scully
Its: Sole Member
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this day of i , 2020, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Randolph P. Scully as Sole Member for Catrock
Development LLC and acknowledged to me that they 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)
SHEILA TINJUM (Printed ame Here)
,= Notary Public Notary Public for the State of
�pTAR/q�•, for the State of Montana
*: *_ Resoing at: Residing at
q.S EALQ` Bozeman,Montana My Commission Expires:
My Commission Expires:
"I' ,,M�° August 03,2023 (Use 4 digits for expiration year)
BLACKWOOD GROVES Annexation Agreement 18
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BLACKWOOD GROVES ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
The S %2, SW 1/4 of Section 24, and the N %2,N '/2,NW '/4 of Section 25, Township 2 South,
Range 5 East, P.M.M., Gallatin County, MT, except that part conveyed to the State of Montana
for highway right-of-way purposes for South 19th Avenue, State Project S 243(1),by bargain
and sale deed,recorded in Book 144 of Deeds, Page 148.
Also, a portion of the adjacent right of way of South 19th Avenue, State Project S 243 (1). Said
property is all described as follows:
Beginning at the center-south one-sixteenth corner of said Section 24; thence southerly
181°24'39", assumed azimuth from north, 1316.63 feet along the east line of the Southwest
Quarter of said Section 24; thence southerly 181°44'45" azimuth, 666.45 feet along the east
line of the Northwest Quarter of said Section 25; thence westerly 269°57'02" azimuth, 2599.67
feet along the south line of the North Half of the Northwest Quarter of said Section 25,to the
east right of way line of South 19th Avenue, State Project S 243(1); thence continuing westerly
269°57'02" azimuth, 100.00 feet to the west right of way line of said South 19th Avenue;
thence northerly 001°09'12" azimuth, 665.32 feet along the west right of way line of said South
19th Avenue; thence easterly 090°54'40" azimuth, 50.00 feet along the south line of the
Southeast Quarter of Section 23, Township 2 South,Range 5 East to the southeast corner of
said Section 23; thence easterly 089°50'46" azimuth, 50.00 feet along the southwest corner of
said Section 24;thence northerly 000°02'23" azimuth, 1331.71 feet along the east right of way
line of said South 19th Avenue;thence easterly 090'15'00" azimuth, 1300.25 feet along the
north line of the South Half of the Southwest Quarter of said Section 24; thence easterly
090°15'03" azimuth, 1337.87 feet along said north line to the point of beginning.
Area= 5,270,255 square feet or 120.9877 Acres or 489,615.85 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 a)South
19th Avenue, b) South 1 lth Avenue, and c) Blackwood Road and signalization or other traffic control
improvements for the following intersections:d)Blackwood Road and South 10 Avenue,e)Blackwood
BLACKWOOD GROVES Annexation Agreement 19
Road and South 1 It"Avenue, f) Blackwood Road and South 3`d Avenue, g) Goldenstein Lane and South
3`d Avenue, and h) Goldenstein Lane and South 19th 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 and shared use paths, and storm
drainage facilities for a) South 1911 Avenue, b) South 1111 Avenue, and c) Blackwood Road and
signalization or other traffic control improvements for the following intersections: d) Blackwood
Road and South 19th Avenue, e) Blackwood Road and South 11t1 Avenue, f) Blackwood Road and
South Yd Avenue, g) Goldenstein Lane and South 3rd Avenue, and h) Goldenstein Lane and South
19th 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.
BLACKWOOD GROVES Annexation Agreement 20
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 o11?� , 2020.
LANDOWNER
BLACKWOOD LAND FUND LLC
By: Blackwood Management LLC
Its: Manager
11�- - _ --X,- ,7
By Grant yth
Its: Manager
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this day of �` , 2020, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Grant Syth as"Manager for Blackwood Land Fund LLC
and acknowledged to me that they executed thell same for and on behalf of landowner.
'Y\ ISreCk-t-lo•[.1 /1�L/�•+1.�.1 Y4 i.'��J L LC, 0 210?/20,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) \
SHEILATINJUM (Printed Name Here)
T�
NAG Notary Public; NotaryPublic for the State of
a�TAq�q��t for the State of Montana
Res►Fiing at: Residing at
* *` Bozeman,Montana
My Commission Expires:
7 P My commission Expires:
., oF'r '° August os,2o2a (Use 4 digits for expiration year)
BLACKWOOD GROVES Annexation Agreement 21
By: Catrock Development LLC
Its: Member
By: RandoloxP. Scully
Its: Sole Member
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this day of , 2020, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Randolph P. Scully as Sole Member for Catrock
Development LLC and acknowledged to me that they 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)
SHEILA TINJUM (Printed Name Here
`'?�pTAR� '- for the star of Monta]na Notary Public for the State of �
r Resiiding at: Residing at
'* SEAL.,'if Bozeman, Montan
y' P`�' N►y Commission Expire My Commission Expires:
„'FoF'rea August o3,2023 (Use 4 digits for expiration year)
BLACKWOOD GROVES Annexation Agreement 22