HomeMy WebLinkAbout21- Annexation Agreement - Buffalo Run, LLC Inter-office Original to:
City of Bozeman
City Clerk iCL
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PO Box 1230
Bozeman MT 549771-1230
2731320
Page: 1 of 25 04/27/2021 03:45:20 PM Fee: $175.00
Eric Semerad - Gallatin County, MT MISC
111111111111111111111111111111111111111 IN 1111111111111111111 HIM III 11111111111111 IN
BUFFALO RUN
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 90 day of
2021, 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 Buffalo
Run Bozeman LLC, 5400 Fowler Lane, Bozeman MT 59718 hereinafter referred to as
"Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the BUFFALO RUN ANNEXATION situated in Gallatin County, Montana, and
more particularly described as follows:
A description of land being the N %Z SW'/4 SW'/4 of Section 23,Township 2 South,
Range 5 East,Principal Meridian,Gallatin County,Montana,more particularly described
as follows:
BUFFALO RUN Annexation Agreement 1
Beginning at the Southwest 1/16th corner of Section 23,Township 2 South,Range 5
East,Principal Meridian, also being the Northwest Corner of Meadow Creek Subdivision
Phase 1,Plat J-453,the Point of Beginning; thence SO°01'33"W along the western
boundary of Meadow Creek Subdivision Phase 1,Plat J-453, a distance of 665.57'to a
found aluminum cap monument,being the Northeast corner of Deed 146 Film 3341;
thence S89°52'06"W along the north line of Deed 146 Film 3341 through a 30 foot
witness comer,aluminum cap monument a distance of 1330.04'to the West section line
of Section 23,Township 2 South,Range 5 East,Principal Meridian,being the Northwest
Comer of Deed 146 Film 3341;thence S89°52'06"W a distance of 30.00'to the West
Right-of-Way line of the Fowler Lane County Road Easement;thence NO°05'46"W along
said County Road Easement Right-of-Way a distance of 665.51;thence N89°51'57"E a
distance of 30.00'to the S 1/16th corner of Section 23 Township 2 South,Range 5 East,
Principal Meridian,being the Southwest corner of COS 2074,DOC#375838; thence
N89°51'57"E along the south line of COS 2074,DOC#375838,through a 30 foot
witness comer,aluminum cap monument a distance of 1331.45'to the Point of
Beginning.
The area of the above described parcel of land is 20.79 acres,more or less,and all as depicted
on the BUFFALO RUN Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of the
BUFFALO RUN ANNEXATION; and
WHEREAS, the BUFFALO RUN 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 BUFFALO RUN ANNEXATION
pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BUFFALO RUN
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
BUFFALO RUN Annexation Agreement 2
WHEREAS, the parties recognize additional development on the BUFFALO RUN
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 BUFFALO RUN 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 BUFFALO RUN
ANNEXATION with the City on February 22, 2021. By execution of this Agreement, the City
manifests its intent to annex the BUFFALO RUN 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
BUFFALO RUN ANNEXATION. Further,upon the execution of this Agreement,the Landowner
BUFFALO RUN Annexation Agreement 3
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 BUFFALO RUN ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the BUFFALO RUN 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 BUFFALO RUN
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
BUFFALO RUN 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 BUFFALO RUN ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,engineering,
BUFFALO RUN Annexation Agreement 4
construction, and other costs for the collection of sewage services to or within the BUFFALO
RUN ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or
development charges which may be established by the City.
6. Water and Sewer Connections
Landowner understands and agrees that the existing residence on the property must be
connected to City water and sewer utilities when the municipal water and sewer systems are within
200 feet of the existing home. 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 Superintendent a minimum of 48
hours prior to construction of the services and disconnection of the well and septic system
abandonment.
Landowner further understands and agrees that prior to connection to the City water and
sewer system, the existing on-site sewage treatment system must be properly abandoned and
certification provided 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
BUFFALO RUN Annexation Agreement 5
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. 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 as may be amended.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.
BUFFALO RUN Annexation Agreement 6
8. Comprehensive Water and Sewer 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 water or wastewater system improvements necessary for the proposed development. If
improvements to this water or wastewater system are necessary, the Landowner agrees prior to
development of the BUFFALO RUN ANNEXATION to complete, at Landowner's expense, the
necessary system improvements to serve the proposed development.
9. 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 BUFFALO RUN 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 BUFFALO RUN 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 BUFFALO RUN ANNEXATION in accordance with the City's
BUFFALO RUN Annexation Agreement 7
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.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the BUFFALO RUN
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 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 BUFFALO RUN 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 BUFFALO RUN ANNEXATION.
11. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts (SID) 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 those portions of a)
South 27'Avenue,b)Blackwood Road,c)West Graf Street,and d)Fowler Lane and signalization
BUFFALO RUN Annexation Agreement 8
or other traffic control improvements for the following intersections: e) Blackwood Road and
Fowler Lane, f) Fowler Lane and West Graf Street, g) Blackwood Road and South 27 h Avenue,
h)Blackwood Road and South 19'h Avenue, and i) Fowler Lane and Stucky Road as set forth in
Exhibit"A".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 "A" and is hereby incorporated in and made a part of this
Agreement.
B. Landowner agrees that in the event a SID is not utilized for the completion of these
improvements as described in subsections A above, the Landowner shall participate in an
alternative financing method for the completion of the 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.
C. Landowner understands and agrees that the City will choose creation of a SID or
special district or an alternative financing method for the completion of the improvements and may
use either financing option at any time.
12. Public Street and Utility Easements
A. The Landowner understands and agrees that along the full north-south length of the
westerly boundary of Landowner's property,a public street and utility easement must be provided
at the time Landowner returns the signed annexation agreement to complete the eastern half of a
one hundred(100)foot right of way from the centerline of the existing Fowler Lane easement for
extensions of Fowler Lane as depicted in the Bozeman Transportation Master Plan. The
Landowner understands and agrees that the public street and utility easement must be provided at
the time Landowner returns the signed annexation agreement.The Landowner,at its sole expense,
BUFFALO RUN Annexation Agreement 9
14. 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 BUFFALO RUN 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:
BUFFALO RUN Annexation Agreement I I
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.
15. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the BUFFALO
RUN 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.
16.Payback Districts
Landowner understands and agrees that the BUFFALO RUN ANNEXATION is within the
Meadow Creek Subdivision payback district boundary for sewer improvements. The applicant
must pay the payback districts upon future development. Reference document Gallatin County
Clerk and Recorder documents 2293493 and 2374743.
17.Park Dedication
Not less than one-half of the required land dedication for park impact mitigation shall be
provided adjacent to and as an expansion of the Meadow Creek Park bounded by Kurk Drive,
South 30th Avenue,and Meah Lane.
18.Park Configuration
Any area of Meadow Creek Park displaced to provide street connection or other service to
the property shall be replaced as additional area to the park dedication otherwise required of
the property.
BUFFALO RUN Annexation Agreement 12
19.Construction Limitation
Due to high groundwater levels no basements are permitted with future development. No
crawl spaces will be permitted with future development of the site, unless a professional
engineer registered in the State of Montana certifies that the lowest point of any proposed
structure is located above the seasonal high groundwater level and provides supporting
groundwater data prior to the release of building permit. In addition, sump pumps are not
allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be
connected to the drainage system unless capacity is designed into the drainage system to accept
the pumped water. Water from sump pumps may not be discharged onto streets, such as into
the curb and gutters where they may create a safety hazard for pedestrians and vehicles.
20. 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 BUFFALO RUN ANNEXATION. The
parties further agree that the City may file these documents at any time.
21. 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.
22. 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
BUFFALO RUN Annexation Agreement 13
entitled to reasonable attorney's fees and costs,to include the salary and costs of in-house counsel
including City Attorney.
23. 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.
24. 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.
25. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
26. 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.
27. 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.
BUFFALO RUN Annexation Agreement 14
28. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BUFFALO RUN
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: BUFFALO RUN BOZEMAN LLC /A
By:Derek Williams
STATE OF MONTANA ) Its: M
:ss
COUNTY OF GALLATIN)
On this -1+�h- day of Apr: I ,2021,before me,the undersigned,a Notary Public
for the State of Montana,personally appeared Derek Williams as tY�cv+4b
for Buffalo Run Bozeman LLC 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)
(Printe Name Here)
Notary Public for the State of Montana
CYNTHIA M EDGMOND
M EDC Notary Public Residing at ZozzrmeLn mLnL-ao4-
=y=,for the State of Montana My Commission Expires: iZ • 08.ZOZy
a c
Residing at: (Use 4 digits for expiration year)
;.SEAL Q Bozeman, Montana
My Commission Expires:
December 8,2024
BUFFALO RUN Annexation Agreement 15
LANDOWNER: BUFFALO RUN BOZEMAN LLC
By: Courtney McRick rd
Its:
STATE OF COLORADO)
:ss
COUNTY OF,�)
On this� day of ,2021,before me,the undersigned,a Notary Public for the
State of Colorado,personally ppeared Courtney McRickard as / _ for
Buffalo Run Bozeman LLC and acknowledged to me that she 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)
TYLER DEAN SANDER (Printed Name Here)
NOTARY PUBLIC
STATE OF COLORADO Notary Public for the State of Colorado
NOTARY ID 20194015168
MY COMMISSION EXPIRES 04/19/2023
LANDOWNER: BUFFALO RUN BOZEMAN LLC
By: Glenn S.Kunkel
Its:
STATE OF COLORADO )
:ss
COUNTY OF )
On this day of ,2021,before me,the undersigned, a Notary Public for the
State of Colorado,personally appeared Glenn S. Kunkel as for Buffalo
Run Bozeman LLC 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)
(Printed Name Here)
Notary Public for the State of Colorado
BUFFALO RUN Annexation Agreement 22
LANDOWNER: BUFFALO RUN BOZEMAN LLC
By: Courtney McRickard
Its:
STATE OF COLORADO )
:ss
COUNTY OF )
On this day of , 2021, before me, the undersigned, a Notary Public
for the State of Colorado, personally appeared Courtney McRickard as
for Buffalo Run Bozeman LLC and acknowledged to me that she
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 Colorado
LANDOWNER: BUFFALO RUN BOZEMAN LLC
By: G . Kunkel
Its: -ly�.i4 �,
STATE OF COLORADO )
:ss
COUNTY OF Az4 a4A-1—)
On this day of , 2021, before me, the undersigned, a Notary Public
for the State of Colorado,personally appeared Glenn S. Kunkel as /MA4%j /j
for Buffalo Run Bozeman LLC 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.
CANDICE REED
(sM)TARYPUBLIC
STATE OF COLORADO (Printed Name Here)
NOTARY ID 20174048742 Notary Public for the State of Colorado
BU?fA 18 RUN IRERxRti W'Rgq,, Ment 16
CITY OF BOZEMAN
B 4ehelich,City Manager
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ATTEST: k-.;
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ACC 1883.•••0�`�;
Mike Maas,City Clerk co.
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this '> day of 2021,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 Interim City 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.
(SEAL) i
`(Printed Name Here)
BERNADETTE A MASSEY Notary Public for the State of Mo na
,; Notary Public
W?�oTAR�g4`gym=,for the state of Montana Residing at
m• c- Residing at: My Coin sion Expires:
* SEAL. Bozeman, Montana (Use 4 digits r expiration year)
`'9Q '° My Commission Expires: \
OF MO May 23,2023
q qia.iin„oo`
BUFFALO RUN Annexation Agreement 17
EXHIBIT"A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BUFFALO RUN ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
A description of land being the N '/2 SW'/4 SW'/4 of Section 23,Township 2 South,Range 5
East,Principal Meridian,Gallatin County,Montana,more particularly described as follows:
Beginning at the Southwest 1/16th corner of Section 23,Township 2 South,Range 5 East,
Principal Meridian,also being the Northwest Corner of Meadow Creek Subdivision Phase 1,
Plat J-453,the Point of Beginning;thence SO°01'33"W along the western boundary of
Meadow Creek Subdivision Phase 1,Plat J-453, a distance of 665.57'to a found aluminum cap
monument,being the Northeast corner of Deed 146 Film 3341;thence S89°52'06"W along the
north line of Deed 146 Film 3341 through a 30 foot witness corner, aluminum cap monument a
distance of 1330.04'to the West section line of Section 23,Township 2 South,Range 5 East,
Principal Meridian,being the Northwest Corner of Deed 146 Film 3341;thence S89°52'06"W a
distance of 30.00'to the West Right-of-Way line of the Fowler Lane County Road Easement;
thence NO°05'46"W along said County Road Easement Right-of-Way a distance of 665.51;
thence N89°51'57"E a distance of 30.00'to the S 1/16th corner of Section 23 Township 2
South,Range 5 East,Principal Meridian,being the Southwest corner of COS 2074,DOC#
375838; thence N89°51'57"E along the south line of COS 2074,DOC#375838,through a 30
foot witness corner,aluminum cap monument a distance of 1331.45'to the Point of Beginning.
The area of the above described parcel of land is 20.79 acres,more or less.
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
27a'Avenue, b) Blackwood Road, c) West Graf Street, and d) Fowler Lane and signalization or other
traffic control improvements for the following intersections: e) Blackwood Road and Fowler Lane, f j
Fowler Lane and West Graf Street,g)Blackwood Road and South 27'Avenue,h)Blackwood Road and
South 19a'Avenue, and i)Fowler Lane and Stucky Road 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
BUFFALO RUN Annexation Agreement 18
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:
a. Street improvements to S. 27th Avenue between Blackwood Road and West Graf Street
including lighting,signalization,paving, curb/gutter, sidewalk,and storm drainage.
b. Street improvements to Blackwood Road between Fowler Lane and South 19t'Avenue
including lighting,signalization,paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to West Graf Street between Fowler Lane to South 19'Avenue
including lighting, signalization,paving, curb/gutter, sidewalk,and storm drainage.
d. Street improvements to Fowler Lane between Blackwood Road and Stucky Road
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Blackwood Road and Fowler Lane including lighting,
signalization/channelization,paving,curb/gutter,sidewalk, and storm drainage.
f. Intersection improvements at Fowler Lane and West Graf Street including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Blackwood Road and South 27 h Avenue including
lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements at Blackwood Road and South 19l'Avenue including
lighting, signalization/channelization,paving,curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements to Fowler Lane and Stucky Road including lighting,
signalization/channelization,paving,curb/gutter,sidewalk, and storm drainage.
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
BUFFALO RUN Annexation Agreement 19
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.
Landowner understands and agrees that the City will choose creation of a SID or special district or an
alternative financing method for the completion of the improvements and may use either financing option
at any time.
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.
DATED this 00 day of R pr; ,2021.
BUFFALO RUN Annexation Agreement 20
LANDOWNER: BUFFALO RUN BOZEMAN LLC
d
By:Derek Williams
Its: ���
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this�1 day of ,�r�1 ,2021,before me,the undersigned,a Notary Public
for the State of Montana,personally appeared Derek Williams as VYIP,►tbGr for Buffalo
Run Bozeman 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)
CYNTHIA M ED Notary Public for the State of
Notary Public
Residing at bc)zB/�'mGLn. Y17oafxr��-
U.'NOTA o=_for the State of Montana My Commission Expires: 12 08 ZVZu
* SEAL *9• = Residing Montana Bozeman, Mon (Use 4 digits for expiration year)
My Commission Expires:
Mo December 8,2024
pnnuoa,
BUFFALO RUN Annexation Agreement 21
LANDOWNER: BUFFALO RUN BOZEMAN LLC
By: Courtney Mc 'ckard
Its:
STATE OF COLORADO)
:ss
COUNTY OF J )
On this .J k- day of , 2021,before me,the undersigned, a Notary Public
for the State of Colorado,personally appeared Courtney McRickard as
-YV\P--vyl 6 e—✓ for Buffalo Run Bozeman LLC and acknowledged to me that she
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)
TYLER DEAN SANDER (Printed Name Here)
NOTARY PUBLIC Notary Public for the State of Colorado
STATE OF COLORADO
NOTARY ID 20194015168
MY COMMISSION EXPIRES 04/19/2023
LANDOWNER: BUFFALO RUN BOZEMAN LLC
By: Glenn S.Kunkel
Its:
STATE OF COLORADO )
:ss
COUNTY OF )
On this day of ,2021,before me,the undersigned,a Notary Public
for the State of Colorado,personally appeared Glenn S. Kunkel as
for Buffalo Run Bozeman LLC 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)
(Printed Name Here)
Notary Public for the State of Colorado
BUFFALO RUN Annexation Agreement 16
1
Buffalo Run Bozeman,LLC
By:
Derek Williams - Member
STATE OF MONTANA )
)ss.
County of Gallatin )
On this_day of 520 before me,the undersigned, a Notary
Public for the State of Montana,personally appeared Derek Williams known to me to be the
person whose name is subscribed to the within instrument,and acknowledged to me that he did
execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Buffalo Run B eman, LLC
By:
Glenn S. unkel -Mem erf
STATE OF COLORADO )
:ss
COUNTY OF )
On this_t day of ,2021, before me,the undersigned, a Notary Public
for the State of Colorado personally appeared Glenn S. Kunkel as a member of Buffalo Run
Bozeman LLC 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.
& )CE REED `
NOTARY PUBLIC (Printed Name Here)
STATE OF COLORADO Notary Public for the State of Colorado
NOTARY ID 20174048742 1
MY COMMISSION EXPIRES NOVEMBER 28,2021 Buffalo Run Bozeman,LLC
V
By:
Courtney McRickard-Member
STATE OF COLORADO )
:ss
COUNTY OF )
On this day of ,2021,before me,the undersigned, a Notary Public
for the State of Colorado,personally appeared,Courtney McRickard as a member of Buffalo Run
® , BUFFALO RUN - 5400 FOWLER LANE
ANNEXATION MAP
N %SW%SW%of Section 23,Township 2 South,Range 5 East,
Principal Meridian,Gallatin County,Montana
p 76 ISO
(IN FEET)
ExrSTiNG W FOOT
RI HT OF WAY EASEMENT
PER COt1NTY ROAD BY
DNTyI PETITION W.17
IL TiN CA�..AS Ue'.I
H pEv
�sE�TW� ,vyepo`A�o mxN TRH'µ�Eao�
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N89'51'57"E
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N89'51'57"E 1331A5' Off
vR 0'-RO r---
POINT OF BEGINNING
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oIa aT4en}sc\wnnns RSEGTUTu,00unY.sm � g 1'
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ANNEXATION P e ;e"t 1
Ai\li(A
nsesE a 4 0 Z 20.79 ZO \oxBow D I
ACRES
S89'52'06'W 1330.04' 1)
S89°52'06,W
30.00'
tDi CO�A9 I
O"�zC�AS gEOT O FS 411H
wJ'- 8D �`��OTO\�D EXISTNG WFOOT
13E10\1B -RIGHT OF WAY FASEMEt7T r ----
PERPur.r-4sa I MEANUNE(00'-ROII)
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LEGAL DESCRIPTION ANNEXATION AREA SUMMARY
AdesalptionoflandbefngtheN%SWXSWXofSedion23,Tcwnship2South,Range5East,Principal McHdian,Gallatin County,Montana, rOTAL ANNEXATION AREA:20.79 acres(905,625.40)Sq.Ft. i
more pafti.Iarfy desvibad as follows: IF
Beginning atthe5outhwest 1/16th comer of Section 23,Township 2 South,Range 5 East,Principal Meridian,also being the Northwest
Comer of Meadow Creek Subdivision Phase 1,PlatJ-053,the Point of Beginning;thence SW01'33'W along the western boundary of PROPOSED ZONING:
Meadow Creek Subdivision Phase 1,PlatJ-053,a distance of 665.57'to a found aluminum up monument,being the Northeast corner of
Deed146 Film 3341;theme 589'52'06'W along the north line of Deed 146 Film 3341 through a 30 foot witness corner,aluminum Cap R-4 ZONING: 20.79 acres (905,625.40)Sq.Ft.
ment a distance of 1330.04'to the West section line of Section 23,Township 2 South,Range 5 East,Principal Meridian,being the
Northwest Comer of Deed 146 Film 3341;thence S89'52'06'W a distance of 30.00'to the West Right -Way line of the Fowler Lane County
Road Easemem;theme NO.05'46'W along said County Road Easement Righeof-Way a distance of 665.51';thence Ne9'51'57'E a distance 114 SEC. SECTION TOWNSHIP RANGE
of 30.OD'to the S 1
/16th comer of Section 23 Towmhip 2 South,Range 5 East,Principal Meridian,being the Southwest corner of M o r r i s o n
COS 2074,DOC 9 375838;thence N89'S1'S7'E along the south line of COS 2074,DOC p 375836,through a 30 toot witness comer,aluminum .■ s,s ew+.m sui wT SW 23 2S 5E
cap monument a distance of 1331A5'to the Point of Beginning. �I e 17.os 1
The area of the above described parcel of land is 20.79 ayes,more or less. PRINCIPAL MERIDIAN,MONTANA
wR.m..." GALLATIN COUNTY,MONTANA
FIELDWORK JV'1 DATE:01l1021
DRAWN BY: SCALE:1`150 PLOTTED DATE Feb242021 PLOTTED BY:matt e.
CHECKED BY: MEE PRO,I,C Ti475.002 "''—
CLIENT: SHEET I_OF
DRAV\ANG NAME:N:16475=2-Togo and Boundary SurveMCADTExhibiLs`S475002 ANNEXATION MAP 022421.drcB