HomeMy WebLinkAboutDoc2077892_08-15-2002 a - 1111111111111111111111 IN 1111111111111111111111111111 `�z 0 02:48P
Shelley Venoe-Gallatin Co MT M1SC 126.N
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this /(5 day of aa4 2002,
by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State
of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to
as "City" and MONTANA STATE UNIVERSITY FOUNDATION, 1501 South I Vh Avenue, Bozeman,
Montana 59717, hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner, is owner in fee of a tract of certain real property,hereinafter referred to
as the "MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION" tract situated in Gallatin
County,Montana,and more particularly described as follows:
A tract of land being described as a tract of land for annexation purposes, located in the northwest
quarter of the northwest quarter of Section 14, and the northeast quarter of the northeast quarter
of Section 15, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, and being
more particularly described as follows:
Commencing at the northwest corner of said Section 14; thence along the north line of said
Section 14, North 89°22'47" East a distance of 1347.23 feet to the north sixteenth corner of the
northwest quarter of said Section 14; thence along the west line of the east half of the northwest
quarter of said Section 14, also being the Bozeman City Limits per Commission Resolution No.
1360, South 00°1 P42" East a distance of 4495 feet, to the true point of beginning.
Thence continuing along said west line South 00'I F42" East a distance of 1285.25 feet, to the
southwest corner of the northeast quarter of the northwest quarter of said Section 14;thence along
the north sixteenth line of said Section 14, South 89°3 F43" West a distance of 1345.59 feet to the
north sixteenth corner common to said Sections 14 & 15,said corner also being the southeast
corner of Tract B of Certificate of Survey No. 1243 as filed with the Gallatin County Clerk and
Recorder; thence along the east line and northerly line of said Tract B the following two courses,
North 00°15'53" West a distance of 608.73 feet; thence South 83°56'16" West a distance of
337.11 feet; thence along the easterly line of Tract A-1-A-1 of Certificate of Survey No. 1243C
as filed with the Gallatin County Clerk and Recorder,North 00018'19" West a distance of 686.94
feet to a point on a non-tangent curve to the left on the southerly right of way line of U.S.
Highway No. 191, said curve having a radius of 5810.74 feet, a central angle of 0° 42'25", and a
chord bearing of South 89°38'51" East and a chord distance of 71.70 feet; thence along said
curve an are length of 71.70 feet; thence along said right of way the following five courses,
South 89°59'55" East a distance of 57.69 feet; thence North 89°59'58" East a distance of
896.87 feet; thence South 75°57'50" East a distance of 82.46 feet; thence North 89°59'26" East
a distance of 60.16 feet to a point on a non-tangent curve to the left, said curve having a radius of
2381.83 feet, a central angle of 1291'23", and a chord bearing of North 83'44'15" East and a
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT I
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chord distance of 519.95 feet; thence along said curve an arc length of 520.59 feet to the true
point of beginning.
Said tract of land containing 43.85 acres, more or less, along with and subject to all easements.
WHEREAS,the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the MONTANA STATE UNIVERSITY FOUNDATION 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 M.C.A. Title 7,Chapter 2, Part 46.
WHEREAS, all parties recognize that the annexation of the MONTANA STATE UNIVERSITY
FOUNDATION ANNEXATION pursuant to Section 7-2-4601, et seq., M,C,A. will entitle the said
property to City services, including municipal water and sewer service,upon their availability; and
WHEREAS, M.C.A. Section 7-2-4610 provides that a municipality and landowner can agree to
the provisions of services to the area to be annexed; and
WHEREAS, the City's present water supply and sewer collection system is insufficient to enable
it to supply reasonably adequate water and sewer service to additional customers outside the present city
boundaries; and
WHEREAS, all parties recognize that the development of the MONTANA STATE
UNIVERSITY FOUNDATION ANNEXATION will impact area streets, and that future improvements
may require additional public street improvements for traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the MONTANA STATE UNIVERSITY
FOUNDATION ANNEXATION; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service available to furnish water and wastewater
collection, and provide traffic circulation for development near and within the MONTANA STATE
UNIVERSITY FOUNDATION ANNEXATION;and
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WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply, wastewater collection and traffic circulation pattern for
the City as it now exists and as it is reasonably expected to enlarge; and
WHEREAS,the securing of an adequate water supply,wastewater collection,and traffic systems
by the City is necessary and of mutual advantage to the parties hereto.
WHEREAS, the parties have determined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and
implement this Agreement.
WITNESETH:
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 MONTANA STATE UNIVERSITY
FOUNDATION ANNEXATION with the City. The City, on September 24, 2001, adopted a Resolution
of Intent to Annex the MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION. By
execution of this Agreement, the City has manifested its intention to annex the MONTANA STATE
UNIVERSITY FOUNDATION ANNEXATION tract pursuant to the terms and conditions of this
Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46,the City shall, upon execution of this
Agreement, adopt a Resolution of Annexation of the MONTANA STATE UNIVERSITY
FOUNDATION ANNEXATION to the City. Further, upon the execution of this Agreement, the
Landowner, shall do all things necessary and proper to aid and assist the City in carrying out the terms,
conditions and provisions of this Agreement and effectuate the annexation of the MONTANA STATE
UNIVERSITY FOUNDATION ANNEXATION tract to the City.
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 3
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3. Seryice3 rove a 6.00
The City will, upon annexation, make available only existing City services to the extent currently
available, including municipal water service, municipal sewer service, police protection, and fire
protection, to the MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION, 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 13.12, Bozeman Municipal Code, or as may be amended,
as well as any other terms and conditions which apply to the City's provision of this service. The term
does not contemplate the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the MONTANA STATE UNIVERSITY FOUNDATION
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 MONTANA STATE
UNIVERSITY FOUNDATION 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 13.24, Bozeman Municipal Code,or as may be amended,
as well as any other terms and conditions which apply to the City's provision of this service. The term
does not contemplate the extension of lines or construction of necessary improvements at any cost to the
City for collection of sewage at and within the MONTANA STATE UNIVERSITY FOUNDATION
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
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION to include, but not limited to, any
impact fees, hookup,connection,or development charges which may be established by the City.
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 4
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6. Water Rights Sheller Vance-Gallatin Co MT MISC 126.00
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable
water rights, or an appropriate fee in lieu thereof, equal to die anticipated average annual
consumption of water by residents and/or users of the property when fully developed. The fee
may be used to acquire water rights or for improvements to the water system,which would create
additional water, supply capacity. Except, however, that for any annexation in excess of ten (10)
acres,this policy shall be carried out prior to final plat approval of each development phase.
Section 2,No. 5, Commission Resolution 3137,Adopted August 19, 1996
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION, consisting of a
total of 43.85 acres, prior to feting of any final subdivision plat or final site plan
approval, whichever occurs first that will create additional subdivision lots or
development proposals.
Should the Landowner create additional subdivision lots with further subdivision of said property,
the Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance
with its policy at the time of calculation. The Landowner further understands that the City will calculate
the average annual diversion requirement necessary to provide water to this annexation tract on the basis
of the zoning designation and/or City-approved development for the property at the time such calculation
is made.
7. Comprehensive Water and Water Design Report
Prior to future development of the property, the Landowner may be required to have prepared by
a Professional Fngineer, at Landowner's 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 full development, the report must identify necessary system improvements required for full
development. The Landowner agrees to complete at Landowner's expense, the necessary system
improvements to serve the full development.
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 5
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8. Future Development Limitations Shelley Vance-Gallatin Co MT M16C 126.00
Landowner understands and agrees that substantial limitations for growth exist in the wastewater
collection system for this property, which will need to be addressed in conjunction with development of
the parcel. Water pressure is also minimal in this area and individual booster pumps may be required for
service. The future developer will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City's Infrastructure Master Plans and all city
policies and guidelines that may be in effect at the time of development. Thus, Landowner understands
and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any
of the MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION until it is verified by the
City that necessary municipal services, including but not limited to police and fire protection, and sewer
and water capacity, are available to all or a portion of the MONTANA STATE UNIVERSITY
FOUNDATION ANNEXATION.
9. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the MONTANA STATE
UNIVERSITY FOUNDATION ANNEXATION for a system designed to remove solids, oils,grease, and
other pollutants from the runoff from the public streets may be required to be provided to and approved
by the City Engineer at the time of any future development. The master plan, if required, must depict the
maximum sized retention/detention basin location and locate and provide easements for adequate
drainage ways within the area to transport runoff to the stormwater receiving channel(s). 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.
10. Traffic Analysis Report
Landowner understands and agrees that a detailed Traffic Analysis Report(s) may be required to
be submitted at the time of future development of any portion of the annexed property.
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11. Waiver of Right-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts
for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District,
and Waivers of Right-to-Protest Creation of Special Improvement Districts, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for such parks.
Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements, including: 1) Street improvements, including paving, curb, gutter, and
sidewalk to City street standards, and storm drainage facilities, and any associated traffic signals for the
following streets: a) Fowler Lane, b) West College Street, and c)West Garfield Street,and 2)trunk sewer
main system improvements. Said Waivers are attached hereto as Exhibit "A" and Exhibit "B", and are
hereby incorporated in and made a part of this Agreement.
Landowner agrees that in the event an S.I.D. is not utilized for the completion of these
improvements, the developer agrees to participate in an alternative financing method for the completion
of said improvements on a fair share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development or a combination thereof.
12. Utility Easements
The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in
width, may be necessary for the installation and maintenance of water and sewer utility services to the
annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the
appropriate development procedures, but in no event later than the filing of any final plat or site plan
review or issuance of a building permit on the parcel(s).
13. Right-of-Way/Easement for Future Roadways
Landowner has dedicated, by written easement, the following land to the City of Bozeman for
right-of-way purposes, which represent Landowner's proportionate share of the necessary right-of-way.
Said easement will be filed with the Gallatin County Clerk and Recorder at the time this Annexaiton
Agreement is filed.
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 7
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14. Impact Fees
Landowners hereby acknowledge that annexation and development of their property will impact
the City's existing street, water and sewer infrastructure, and fire service requirements. There are no
existing structures on the property. At the time new structures apply to the City's Water and Sewer
facilities, the Landowners shall pay all Water and Sewer Impact Fees, which are due. The Landowners
and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by chapter 3.24,
Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section
3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. If the impact fees currently imposed
pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by
a court of competent jurisdiction, Landowners agree to pay the City fees or assessments established by the
City for impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal
Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to
enactment of such revised Chapter, the Landowner applies for any permit, which actuates or would have
actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the
Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the rates
established at the date of this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
landowner would have been entitled to a refund under the court's decision but were it not for the sole fact
of the landowner paying impact fees because of this agreement,then all such impact fees paid prior to the
court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's
decision.
At the time the revised code is enacted, then all such fees held in escrow shall be released to the
city and the balance, if any, returned to the landowner. All accumulated interest on the sum held in
escrow shall be released to the City or landowner on the same percentage as the money released to either
party bears to the total sum held in escrow.
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 8
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Landowners further understand and agree that any improvements,either on-or off-site, necessary
to provide connection of Annexation Tracts to municipal services which are wholly attributable to the
property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code,or as
amended,and as such, are not eligible for impact fee credits.
If Landowners default on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to Landowners of such
default,City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable and
City shall have the right and privilege to take legal action against Landowners for
the collection of such sum, including the entry of any judgment. In addition, the
City may, at its option, enforce payment of such amount by levying an
assessment on the premises.
B) Elect any other remedy available to City under the laws of the State of Montana.
C) Any waiver by City of any default shall not be construed as a waiver of any
subsequent default.
D) It is agreed that it shall be no defense to the enforcement of this provision by City
that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal
Code are subsequently voided or declared invalid by a court of competent
jurisdiction. It is the express intention of the parties not to be bound by such a
declaration or judgment and, therefore, notwithstanding any judgment either
limiting impact fee payments under annexation agreements to specified amounts,
or prohibiting any such payment, landowner will pay such amount as specified
above.
15. Affordable Housing
Having recognized the City's concern for affordable housing, the Landowner understands and
agrees that prior to such submittal of a preliminary plat application for all or any portion of the subject
property, the future developer shall develop an "Affordable Housing Implementation Plan", subject to
consideration, review and approval by the City of Bozeman. Should the "Affordable Housing
Implementation Plan" be deemed applicable, said Plan shall guarantee that a certain percent of the total
number of housing units to be developed shall be managed and maintained as affordable in accordance
with guidelines established by the City of Bozeman.
16. Progressive Urban Design
The Landowner understands that with annexation of said property it is the intent of the
Landowner and City that future development will comply with the goals and policies of the Bozeman
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 9
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2020 Community Plan. Having recognized the City's concern for implementation of progressive urban
design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood
design,the Landowner understands and agrees that prior to submittal of a preliminary plat application for
all or any portion of the property, the future developer shall implement a Master Plan of the land use
patterns and types for development of the property, subject to review and approval by the City of
Bozeman.
17. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin County
Clerk and Recorder prior to the sale of any land with the MONTANA STATE UNIVERSITY
FOUNDATION ANNEXATION. The parties further agree that the City may file these documents at any
time.
18. 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.
19. 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.
20. 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.
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 10
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21. 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.
22. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless
evidenced by a writing signed by the parties hereto.
23. No Assignment
It is expressly agreed that the Landowner shall not assign this Agreement in
whole or in part without prior written consent of the City.
24. 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.
25. Covenants to Run with the Land
The parties intend that the terms of this Agreement 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 on behalf of their corporation, and to bind the corporation to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written.
LANDOWNER
By DAVID F. GIBSON
President and Executive Director
MONTANA STATE UNIVERSITY FOUNDATION
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STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of , 2002, before me, a Notary Public
for the State of Montana, personall appear d David F. Gibson, President and Executive
Director, Montana State University Foundation, known to me to be the person that executed the
foregoing Annexation Agreement, and acknowledged to me that he/she executed the same for
and on behalf of said Montana State University Foundation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(Notarial Seal)
Notary Public for the State of
ontana.
5 r, Residing:
Commission Expires: ff/131#oOQ3
. • . .. �• ply`
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 12
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CITY OF BOZEMAN
1
By: CLARK V.JOHNSON,City Manager
ATTEST:-.
C0*, ; q, ity mission
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 01! day of h{ 2002, before me, a Notary Public for the
state of Montana, personally appeared Clark V. Johnson and Robin Sullivan, known to me to the persons
described in and who executed the foregoing instrument as City Manager and Clerk of the City
Commission 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.
NcAarial Seal)
r j oo �
Notary Public or a ttate of
Montana.
Residing: ' `
Commission Expires: ( to, zoo z
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 13
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EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION TRACT
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
A tract of land being described as a tract of land for annexation purposes,located in the northwest
quarter of the northwest quarter of Section 14, and the northeast quarter of the northeast quarter
of Section 15, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, and being
more particularly described as follows:
Commencing at the northwest corner of said Section 14; thence along the north line of said
Section 14, North 89°22'47" East a distance of 1347.23 feet to the north sixteenth corner of the
northwest quarter of said Section 14; thence along the west line of the east half of the northwest
quarter of said Section 14, also being the Bozeman City Limits per Commission Resolution No.
1360, South 00'11'42" East a distance of 44.95 feet,to the true point of beginning.
Thence continuing along said west line South 0091'42" East a distance of 1285.25 feet, to the
southwest corner of the northeast quarter of the northwest quarter of said Section 14; thence
along the north sixteenth line of said Section 14, South 89°31'43" West a distance of 1345.59 feet
to the north sixteenth corner common to said Sections 14 & 15,said corner also being the
southeast corner of Tract B of Certificate of Survey No. 1243 as filed with the Gallatin County
Clerk and Recorder; thence along the east line and northerly line of said Tract B the following
two courses, North 00°15'53" West a distance of 608.73 feet; thence South 83°56'16" West a
distance of 337.11 feet; thence along the easterly line of Tract A-I-A-1 of Certificate of Survey
No. 1243C as filed with the Gallatin County Clerk and Recorder, North 00°18'19" West a
distance of 686.94 feet to a point on a non-tangent curve to the left on the southerly right of way
line of U.S. Highway No. 191, said curve having a radius of 5810.74 feet, a central angle of 0°
42'25", and a chord bearing of South 89°38'51" East and a chord distance of 71.70 feet; thence
along said curve an arc length of 71.70 feet; thence along said right of way the following five
courses, South 89°59'55" East a distance of 57.69 feet; thence North 89°59'58" East a distance
of 896.87 feet; thence South 75°57'50" East a distance of 82.46 feet; thence North 89°59'26"
Fast a distance of 60,16 feet to a point on a non-tangent curve to the left, said curve having a
radius of 2381.83 feet, a central angle of 12°31'23", and a chord bearing of North 83'44'15" East
and a chord distance of 519.95 feet; thence along said curve an are length of 520.59 feet to the
true point of beginning.
Said tract of land containing 43.85 acres, more or less, along with and subject to all 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
which will be caused by the development of the above-described property, the owner has waived and do
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 14
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hereby waive for itself, it's successors and assigns, the right to protest the creation of one
or more special improvement districts for maintenance of any parks within the annexed
area and/or of a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks, or
to make any written protest against the size or area or creation of the district 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.
This waiver shall be a covenant running with the land and shall not expire with
the dissolution of the corporation, provided however this waiver shall apply to all lands
herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-interest and assigns of the parties hereto.
DATED this day of _, 2002.
LANDOWNER
By DAVID F. GIBSON
President and Executive Director
MONTANA STATE UNIVERSITY FOUNDATION
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this g day of �� 2002, before me, a Notary
Public for the State of Montana, personally appeared David F. Gibson,President and
Executive Director, Montana State University Foundation, known to me to be the person
that executed the foregoing Annexation Agreement, and acknowledged to me that he/she
executed the same for and on behalf of said Montana State University Foundation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
'otVf au Seal) �
0 Notary Public for the State of
v't�OTAI?j,4 ; Montana.
* .S r '* - Residing:,� yt, _40
AL . , Commission Expires:
f�T IAOt `,..
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 15
I II�III��I��IIII IIl�III I� iiiiiiiiiiii illilliHilil iNlIB/2002 20778926of21P
Shelley Vance-Gallatin Cc MT MISC 126.N
EXHIBIT"B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR STREET AND WATER IMPROVEMENTS
The undersigned owner of real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A tract of land being described as a tract of land for annexation purposes, located in the northwest
quarter of the northwest quarter of Section 14, and the northeast quarter of the northeast quarter
of Section 15, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, and being
more particularly described as follows:
Commencing at the northwest corner of said Section 14; thence along the north line of said
Section 14, North 89°22'47" East a distance of 1347.23 feet to the north sixteenth corner of the
northwest quarter of said Section 14; thence along the west line of the east half of the northwest
quarter of said Section 14, also being the Bozeman City Limits per Commission Resolution No.
1360, South 00'1 1'42" East a distance of 44.95 feet,to the true point of beginning.
Thence continuing along said west line South 00'11'42" East a distance of 1285.25 feet, to the
southwest corner of the northeast quarter of the northwest quarter of said Section 14; thence
along the north sixteenth line of said Section 14, South 89°3143" West a distance of 1345.59 feet
to the north sixteenth corner common to said Sections 14 & 15,said corner also being the
southeast corner of Tract B of Certificate of Survey No. 1243 as filed with the Gallatin County
Clerk and Recorder; thence along the east line and northerly line of said Tract B the following
two courses, North 00°15'53" West a distance of 608.73 feet; thence South 83°56'16" West a
distance of 337,11 feet; thence along the easterly line of Tract A-l-A-1 of Certificate of Survey
No. 1243C as filed with the Gallatin County Clerk and Recorder, North 00°18'19" West a
distance of 686.94 feet to a point on a non-tangent curve to the left on the southerly right of way
line of U.S. Highway No. 191, said curve having a radius of 5810.74 feet, a central angle of 0°
42'25", and a chord bearing of South 89°38'51" East and a chord distance of 71.70 feet; thence
along said curve an arc length of 71.70 feet; thence along said right of way the following five
courses, South 89059'55" East a distance of 57.69 feet; thence North 89°59'58" East a distance
of 896.87 feet; thence South 75057'50" East a distance of 82.46 feet; thence North 89°59'26"
East a distance of 60.16 feet to a point on a non-tangent curve to the left, said curve having a
radius of 2381.83 feet, a central angle of 12°31'23", and a chord bearing of North 83°44'l5" East
and a chord distance of 519.95 feet; thence along said curve an arc length of 520.59 feet to the
true point of beginning.
Said tract of land containing 43.85 acres, more or less, along with and subject to all easements.
IN CONSIDERATION, of receiving approval for annexation of the subject property from
the City of Bozeman, along with the accompanying rights and privileges and for other valuable
consideration, the receipt of which is hereby acknowledged, have waived and do hereby for itself, it's
successors and assigns, waive the right to protest the creation of one or more special improvement
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 16
2077892 I
98/1 17 of 21
00!1 21 Il�ll Ili INI6l2002 02.49P
Slulloy Vanoe-Gallatin Co MT MISC 126.00
districts for: 1) street improvements, including paving, curb, gutter, and sidewalk to the
City street standards, and storm drainage facilities, and any associated traffic signals
for the following streets: a) Fowler Lane, b) West College Street, and c) West Garfield
Street, and 2) trunk sewer main system improvements, or to make any written protest
against the size or area or creation of the district to be assessed in response to a duly
passed resolution of intention to create one or more special improvement districts which
would include the above-described property. This waiver shall be a covenant running
with the Iand and shall not expire with the dissolution of the corporation, provided
however this waiver shall apply to all lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-m Brest and assigns of the parties hereto.
DATED this jj day of 12002.
L .- Y
LANDOWNER
By DAVID F. GIBSON
President and Executive Director
MONTANA STATE UNIVERSITY FOUNDATION
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 11"71- day of 2002, before me, a Notary
Public for the State of Montana, pers ally ap eared David F. Gibson, President and
Executive Director, Montana State University Foundation, known to me to be the person
that executed the foregoing Annexation Agreement, and acknowledged to me that he/she
executed the same for and on behalf of said Montana State University Foundation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
(NckLalial Seal)
i
Notary Public for the State of
c: •. -.. ,jam.
V c;p7kRtgl' ^ _ Montana.Residing:
it r
1AL * CommissionE pires: 1 3 a�443
� r
MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 17
IIllil �llllilllllllfl� 2077892
OAsllev Van**-6a1J&t1n Cc MT MI9C 126.00 2002 02:48P
PUBLIC STREET AND UTILITY EASEMENT
Montana State University Foundation, Inc. , GRANTOR, in consideration of$ 1.00 and for
other and valuable considerations, receipt of which is acknowledged, grants to The City of
Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main,
Bozeman, Montana 59771-0640, GRANTEE, its successors and assigns, a perpetual street and
utility easement for the use of the public, in, through, and across a strip of land situated in
Gallatin County, Montana, to be located on the following described real property: Tract 2 of
West College Minor Subdivision No. 195 in the NW '/< of Section 14 and the NE ''A of Section
15,T2S,R5E,P,M.M..City of Bozeman,Gallatin County Montana.
The easement is more particularly described on the attached Exhibit(s) A and B
which by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they
have a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR.
The terns, covenants, and provisions of this easement shall extend to and be binding
upon the heirs,executors,administrators,personal representatives, successors,and assigns of the
parties hereto.
DATED this /6 day of 20 Uz
GRANTOR
STATE OF MONTANA )
ss.
County of Gallatin )
On this Ik-day of 2070�)�before me the undersigned, a Notary
Public for the State of Montana, a onally appeared, VwUI(,( (xloo-q ,known to
me to be the Z Prrsdary}. of 1 t--a i y FLIn44wnd the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of Mnb.nc.. S Feck¢ (--VVJ4 &
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day*q(,qg first above written.
A. P.",,
* SEAL, * Not v Public for the State of Montana
P?.Z- Printed Name Pi ger
'� OF MO, \P Residing in Bozeman,Montana
��rnrllnnul+" My Commission Expires trb. ;)I. oot*
c:\wpdocs\forms\strtform.eas
1
2077892
08/10/2002 ;a 0z
6Mlt�y Vanpm_0aliatln Co MT RISC 120.00 8P
ACCEPTED: 1
CITY OF BOZEMAN
by its City Manager
"lssion
STATE OF MONT`ANA )
)ss.
County of Gallatin )
On this Z�,day of 20a L before me the undersigned, a
Notary Public for the State of Montana,perso ally appeared CLARK V.JOHNSON and ROBIN
L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission for the
City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
T/q.
n
�r-
Notary Public for le tat'e of Montana
Printed Name r.,,- C pc-k
Residing at___C!�yq
My Commission expires tA..,,,. 2 c- 14,_ 2-0 2-
11,\2RRQ�strtform eas rtf �
c:\wpdocs\forms\strtform.eas
2.
2077892
l III III III III IN IN 1111111 IN 11111 W 15/2N2 82:40P
Shelley Vanoe-Gallatin Co MT MISC 126.00
EXHIBIT `A'
A perpetual street and utility easement for Fowler Avenue,under and across Tract 2 of
the West College Minor Subdivision No. 195, as filed with the Gallatin County Clerk
and Recorder, located in the northwest quarter of the northwest quarter of Section 14 and
the northeast quarter of the northeast quarter of Section 15, Township 2 South, Range 5
East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, as
shown on Exhibit`B", being a strip of land 100 feet wide, lying 50 feet each side of the
following described centerline:
Commencing at the northwest corner of said Section 14, thence along the west line of the
northwest quarter of said Section 14, South 00°04'25" West a distance 70.00 feet, to the
south right-of-way line of U.S. Highway 191, and the True Point of Beginning of said
centerline;
Thence continuing along said west line, South 00°04'25" West a distance of
1257.04 feet, to the southwest corner of said Tract 2 of Minor Subdivision No.
195, and the end of said centerline.
The left and right sidelines of said easement being lengthened or shortened, as required,
so as to begin on said south right-of-way line of U.S. Highway 191, and end on the south
line of said Tract 2 of Minor Subdivision No. 195.
Said easement contains 2.19 acres, more or less and is subject to all easements of record.
H:\2880\annex\docs\survey\EXHIBIT-A ease2.doc
EXHIBIT 'B'
A STREET & UTILITY EASEMENT FOR THE FUTURE FOWLER AVE. LOCATED IN TRACT 2 OF WEST
COLLEGE MINOR SUBDIVISION NO. 195 IN THE NW1/4 OF SECTION 14 AND THE NE1/4 OF
SECTION 15, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
10 1.1
P.O.B. 15 14 S00'04'25"W US HWY 191
l 70.00'
100' /
50'
50'
STREET & UTILITY EASEMENT
2.19 ACRES
TRACT 1 TRACT CE
A-1 1243C gs-T NA NOR
CV r
CO ,5jgc 11 � TRACT 2 95
' COLLEGE0 N0. WES r DIVISION
VINOR 5(j8
SOUTH LINE N
�N N
Or TRACT 21 50' DO o N
MINOR SUBDIVISION f--
NO. 195 rN;�
Na a
TRACT B 1243 _ m
COS SOUTH LINE
OF TRACT 2,
MINOR SUBDIVISION a
NO. 195
'N1/16 CORNER �■ "
Ln
O rl) ��
O �"� c
O w
15 14
GRAPHIC SCALE
200 0 100 200 ; MORRISON EXHIBIT 'B'
- ' MAIERLE,INC. STREET & UTILITY
( IN FEET ) `°"� ""�"""--�"`�'"`
� """"""� ""'"""n' ``'""""" & UTILITY EASEMENT
1 inch = 200 fL. CLENT:
FIELD WORK: DATE:07111 02 PLOTTED DAZE; Jul/11/2002 — 03:29:37 pm
/ DRAWING NAME:
DRAWN BY. KITS SCALE:1'=200' N:\2880\ome.\ACAD\CEMENT\Eis£."".owq
CHECKED BY: PROD :28$q._005 SHEET 1 OF 1