HomeMy WebLinkAbout12-21-21 City Commission Meeting Supplemental Materials (Canyon Gate Annexation Agreement).docxCanyon Gate Annexation Agreement 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
CANYON GATE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ______ day of __________________,
202___, 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
CANYON GATE INVESTORS, LLC, of 111 W. Lamme Street, Suite 101, 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 CANYON GATE ANNEXATION situated in Gallatin County, Montana, and
more particularly described as follows:
A description of land being the SE ¼ of Section 31 and the SW ¼ of Section 32,
Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County,
Montana.
Beginning at a point (P.O.B), which is the Northwest Corner of said COS No. 2408 and a
point on the N/S line between Sections 31 and 32 of said Township and Range and the
centerline of Story Mill Road.
thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek
Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a
point being the Northeast corner of said Tract 7B;
Canyon Gate Annexation Agreement 2
thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek
Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said
line;
thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the
SE corner of said Tract 7B;]
thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the
South line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West
33.34 feet of Lot 45 of the MT. Baldy subdivision;
thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to
a point;
thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said
Sections 31 and 32 (aka the center line of Story Mill Road);
thence, leaving said section line and along the North ROW of Bridger Drive being
the South boundary of Tract A of COS 1815, N 88° 30' 52" E, a distance of 40.01
feet a point at the intersection of said ROW, South Line and the West 40' ROW of
said Story Mill Road;
thence, leaving said Bridger Drive ROW and continuing N 00° 18' 18" E, a distance
of 321.05 feet along said West ROW of Story Mill Road and through Tract A of COS
1518 to a point being the said West ROW and the Southeast ROW corner of Tract D
of the Osborne Subdivision;
thence along said West ROW of Story Mill Road and along the East boundary line
of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of
652.19 feet to a point being the NE corner of said Tract A of said subdivision and the
intersection of the West ROW of Story Mill Road and the south ROW of Boylan
Road;
thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B.
Said area being 1,107,450 square feet or 25.42 acres more or less, along with and subject to
all easements of record and all as depicted on the CANYON GATE Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of the
CANYON GATE ANNEXATION; and
WHEREAS, the CANYON GATE 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 CANYON GATE
ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the CANYON
Canyon Gate Annexation Agreement 3
GATE ANNEXATION to connect to and utilize City services, including municipal water and
sewer service, parks and recreation, fire and police services, and the City’s transportation system;
and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and
landowner can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the CANYON GATE
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 CANYON GATE 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.
WITNES S ETH :
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 and incorporated herein.
Canyon Gate Annexation Agreement 4
2. Annexation
The Landowner filed an application for annexation of the CANYON GATE
ANNEXATION with the City on August 9, 2021. By execution of this Agreement, the City
manifests its intent to annex the CANYON GATE 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
CANYON GATE ANNEXATION. Further, upon the execution of this Agreement, the
Landowner shall do all things required by this Agreement and all things necessary and proper to
aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and
to effect the annexation of the CANYON GATE ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the CANYON GATE 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 CANYON GATE
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
CANYON GATE 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.
Canyon Gate Annexation Agreement 5
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 CANYON GATE 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 CANYON
GATE 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 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 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.
Canyon Gate Annexation Agreement 6
7. Water and Sewer Connections
Landowner understands and agrees that consistent with the Agreement for Public Sanitary
Sewer and Water Connection and Consent to Annexation and under no conditions not later than
prior to final platting of any subdivision of the property within the CANYON GATE
ANNEXATION, the existing residence on the property must be removed or connected to City
water and sewer utilities. 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, or concurrent with removal of the existing home, the existing on-site sewage
treatment system must be properly abandoned and certification provided to the City Water and
Sewer Division that the abandonment occurred. The Landowner must report the abandonment to
the Gallatin City County Health Department. In addition to abandonment of the septic tank and
leach field, the applicant must demonstrate that the sanitary sewer line from the house to the septic
tank has been completely disconnected from the existing septic system prior to the Landowner
connecting the sanitary sewer line coming from the house to the City sanitary sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only, with
no physical connection to domestic water piping. Certification that there is no physical connection
between an on-site well and the domestic water line coming from the City’s water supply to the
house must be provided. The City Water and Sewer Division may perform an inspection of the
Canyon Gate Annexation Agreement 7
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.
8. 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 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 CANYON GATE 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
Canyon Gate Annexation Agreement 8
implied, for it to further develop any of the CANYON GATE 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 CANYON GATE 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 CANYON GATE 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.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the CANYON GATE
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 CANYON GATE 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
Canyon Gate Annexation Agreement 9
require such Stormwater Master Plan to be implemented in all or part as a condition of approval
of development of the CANYON GATE ANNEXATION.
11. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts
(SID) or Special Improvement Districts for street and transportation improvements including
design and engineering, paving and subsurface improvements, curb and gutter, lighting, sidewalk
and stormwater drainage facilities, and fiber optic conduit for a) Street improvements to Story Mill
Road between Boylan Road and the southern terminus of L Street including from the southern
terminus of L Street south to and including Wallace Avenue to its intersection with East Tamarack
Street (including the intersection of Wallace Avenue and East Tamarack Street) to include lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage and b) Street improvements to
Bridger Drive between Story Mill Road and Boylan Road as Boylan Road intersects with Bridger
Drive at the Creekwood Subdivision including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage; and c) intersection improvements for i) the intersection of Story
Mill Road and Bridger Drive including lighting, signalization/channelization, paving, curb/gutter,
sidewalk, and storm drainage; as set forth in Exhibit “A”. The Landowner agrees such SID 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 special district or an SID is not utilized for the
completion of these improvements as described in subsection 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,
Canyon Gate Annexation Agreement 10
taxable valuation of the property, traffic contribution from the development or a combination
thereof, subject to the provisions of Section 12 pertaining to Payback Districts.
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. Payback Districts
Upon submission of a future development application, the landowner may be expected to
make off-site improvements to Story Mill Road and certain floodwater mitigation efforts which
may benefit future development of other parcels in the area. Therefore, the Landowner may submit
an application to the City for the creation of a Payback District. The City agrees to consider the
creation of a Payback District for the benefit of Landowner, for the costs expended to complete
such work as the City requires for off-site improvements to Story Mill Road and for floodwater
mitigation exceeding proportional share of such work as determined by the City.
13. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement must be
provided for Story Mill Road, including a 45 foot public street and utility easement from the
centerline of the existing right-of-way. The Landowner, at its sole expense, has created such an
easement in a location and form agreeable to the City and the easement will be filed at the Gallatin
County Clerk and Recorder’s Office at the same time as this annexation agreement. 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.
14. Street Improvements
Canyon Gate Annexation Agreement 11
The Landowner understands and agrees that at the time of future development the portion
of Story Mill Road and Bridger Canyon Drive and their related transportation infrastructure
fronting the CANYON GATE ANNEXATION must be improved to a City standard or Montana
Department of Transportation standard as applicable at Landowner’s expense, but subject to any
Payback District or other funding mechanism as may apply.
15. 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 CANYON GATE ANNEXATION municipal services
and which are wholly attributable to the property as determined exclusively by the City are
Canyon Gate Annexation Agreement 12
considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman
Municipal Code, as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should
default not be remedied or corrected within thirty (30) days after written notice by City to the
Landowner and Landowner/Developer of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable
and City shall have the right and privilege to take legal action against
Landowners for the collection of such sum, including the entry of any
judgment. In addition, the City may, at its option, enforce payment of such
amount by levying an assessment on the property.
B) Elect any other remedy available to City under the laws of the State of
Montana.
16. Assessments
Landowner understands and agrees that after this Agreement is recorded the CANYON
GATE ANNEXATION will be subject to City assessments for arterial and collector streets,
street maintenance, and tree maintenance on the same basis as all other properties in the City.
17. Additional Terms
A. In order to advance the goals of the Bozeman Community Plan 2020, Theme 2,
notwithstanding any provision to the contrary as set forth in the City’s regulations for its R-5
zoning district, Landowner voluntarily offers and agrees to limit the maximum height of structures
located within the R-5 zoning district within the CANYON GATE ANNEXATION, to a maximum
of 50 feet or 4 stories, whichever is greater. Landowner shall record a covenant running with the
land to be approved by the City Attorney and enforceable by the City to reflect this agreement.
B. In order to advance the goals of the Bozeman Community Plan 2020, Landowner
voluntarily offers and agrees to provide within the R-5 zoning area within the CANYON GATE
ANNEXATION, a minimum of 60 housing units that are priced no greater than 120% of Area
Canyon Gate Annexation Agreement 13
Median Income at an interest rate of 3.5% per the matrix set forth in Exhibit B. As determined by
the City, a one person household includes Studios, two person household includes one bedroom
units, a three person household includes two bedroom units, and four person household includes
three bedroom units. The sale and management of the income restricted housing units shall be
administered by a community land trust or other entity acceptable to the City. Landowner shall
begin construction of the income restricted housing prior to any vertical construction within the
B2M zoning district and shall complete all 60 units within 24 months after commencing
construction. Landowner shall record a covenant running with the land to be approved by the City
Attorney and enforceable by the City to reflect this agreement.
C. Recording. The parties recognize the covenants required in subsections A and B, above,
must be filed and of record with the Gallatin County Clerk and Recorder at the same time as the
recordation of this Annexation Agreement.
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
Canyon Gate Annexation Agreement 14
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.
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 and/or Landowner/Developer 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 and specifically to any subsequent
purchaser of the annexed property.
25. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the CANYON GATE
ANNEXATION and shall be covenants running with the land and shall not expire at their deaths
or upon transfer of ownership of the property.
Canyon Gate Annexation Agreement 15
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
CANYON GATE INVESTORS, LLC
a Montana limited liability company
By: CANYON GATE PARTNERS, LLC
a Montana limited liability company, its
Managing Member
__________________________________________
By: Andrew Holloran, Manager
STATE OF _____________ )
:ss
COUNTY OF ___________ )
On this ________ day of _______________, 202__, before me, the undersigned, a
Notary Public for the State of , personally appeared Andrew Holloran, as
Manager of Canyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC,
known to me to be the landowner that executed the within instrument, 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 ___________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
Canyon Gate Annexation Agreement 16
CITY OF BOZEMAN
____________________________________
By: Jeff Mihelich, City Manager
ATTEST:
________________________________
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _____ day of , 202__, 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 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)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
Canyon Gate Annexation Agreement 17
EXHIBIT “A”
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
CANYON GATE ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Parcel 7B of Certificate of Survey No. 2408, less HWRW, according to the official Certificate
of Survey thereof, recorded in the records of Gallatin County.
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 the
streets and intersections set forth below 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 districts or special improvement districts
for the design and engineering, construction and maintenance of following improvements:
1. Street improvements to Story Mill Road between Boylan Road and the southern terminus
of L Street including from the southern terminus of L Street south to and including Wallace Avenue to
its intersection with East Tamarack Street (including the intersection of Wallace Avenue and East
Tamarack Street)to include lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage;
2. Street improvements to Bridger Drive between Story Mill Road and Boylan Road as
Boylan Road intersects with Bridger Drive at the Creekwood Subdivision including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage; and
3. Intersection improvements at Story Mill Road and Bridger Drive including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
Canyon Gate Annexation Agreement 18
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
In the event a special district or special improvement district is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof. 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 _____ day of _________________, 202__.
LANDOWNER
CANYON GATE INVESTORS, LLC
a Montana limited liability company
By: CANYON GATE PARTNERS, LLC
a Montana limited liability company, its
Managing Member
__________________________________________
Canyon Gate Annexation Agreement 19
By: Andrew Holloran, Manager
STATE OF _____________ )
:ss
COUNTY OF ___________ )
On this ________ day of _______________, 202__, before me, the undersigned, a Notary
Public for the State of , personally appeared Andrew Holloran, as Manager of
Canyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC, known to me to
be the landowner that executed the within instrument, 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 _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
Canyon Gate Annexation Agreement 20
EXHIBIT B - AMI Matrix