HomeMy WebLinkAbout22- Annexation Agreement - Canyon Gate Investors, LLCInter-omceosano
CitydBozeman 2 2 26 AM Fee 68.00
CityClerk
PO Box 1230
Bozeman MT 549771-1230
CANYON GATE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered intothis 11 day of pr i },
202 2 ,by and between the CITY OF BOZEMAN,a self-governingmunicipal corporation
organized and existingunder itsCharter and the laws of the Stateof Montana with officesat 121
N.Rouse Avenue,Bozeman,Montana 59771-0640,hereinafterreferredto as "City",and
CANYON GATE INVESTORS,LLC,of 111 W.Lamme Street,Suite101,Bozeman MT 59715,
hereinafterreferredto as "Landowner."
W IT N E S S E T H:
WHEREAS,Landowner is owner in fee of a tractof certainrealproperty,hereinafter
referredto as the CANYON GATE ANNEXATION situatedin GallatinCounty,Montana,and
more particularlydescribedas follows:
A descriptionof land being the SE ¼of Section31 and theSW ¼of Section32,
Township 1 South,Range 6 East,PrincipalMeridian Montana,GallatinCounty,
Montana.
Beginning at a point (P.O.B),which isthe Northwest Corner of saidCOS No.2408 and a
point on the N/S linebetween Sections 31 and 32 of said Township and Range and the
centerlineof Story Mill Road.
thence,S 88°15'30"E,along the south boundary of Legends at Bridger Creek
Subdivisionand thenorthboundary of saidTract 7B,a distanceof 1314.68 feettoa
pointbeing the Northeastcornerof saidTract 7B;
Canyon Gate Annexation Agreement I
thence,alongtheeastlineof Tract7B,alsotheWest lineofLegends atBridgerCreek
SubdivisionII,Phase 1,S 00°06'32"W,a distanceof 650.92 feettoa pointon said
line;
thence,along saidlines,S Ol°47'33"W,a distanceof 62.90 feetto a pointbeing the
SE cornerof saidTract 7B;]
thence,N 88°19'21"W,along the North Line of MT.Baldy Subdivisionand the
South lineof saidTract 7B,a distanceof 817.12 feetto the NE corner of the West
33.34 feetof Lot 45 of the MT.Baldy subdivision;
thence,S Ol°44'26"W,along the eastlineof saidLot,a distanceof 260.01 feetto
a point;
thence,N 88°17'19"W,a distanceof491.61 feetto a pointon thelinebetween said
Sections31 and 32 (akathecenterlineof Story Mill Road);
thence,leavingsaid sectionlineand along the North ROW of Bridger Drive being
the South boundary of Tract A of COS 1815,N 88°30'52"E,a distanceof 40.01
feeta pointatthe intersectionof saidROW,South Line and the West 40'ROW of
saidStoryMill Road;
thence,leavingsaidBridger Drive ROW and continuingN 00°18'18"E,a distance
of321.05 feetalong saidWest ROW of StoryMillRoad and through TractA of COS
1518 to a pointbeing the saidWest ROW and the SoutheastROW cornerof TractD
oftheOsborne Subdivision;
thence along saidWest ROW of StoryMill Road and along the East boundary line
of TractsA,B,C and D of saidOsborne Subdivision,N 00°18'I8"E,a distanceof
652.19 feettoa pointbeing theNE cornerof saidTractA of saidsubdivisionand the
intersectionof the West ROW of Story Mill Road and the south ROW of Boylan
Road;
thence alongsaidsouthROW,N 88°53'53"E,a distanceof 40.01 feettotheP.O.B.
Said area being 1,107,450square feetor 25.42 acresmore or less,along with and subjectto
alleasements ofrecordand allas depictedon the CANYON GATE Annexation Map.
WHEREAS,the Landowner petitionedthe City for annexation to the City of the
CANYON GATE ANNEXATION;and
WHEREAS,the CANYON GATE ANNEXATION isnot withinthe corporatelimitsof
the City or othermunicipalityand may thereforebe annexed to the City in accordance with the
provisionsof thisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and
WHEREAS,all parties recognize the annexation of the CANYON GATE
ANNEXATION pursuantto Section7-2-4601,etseq.,Mont.Code Ann.willallow theCANYON
Canyon Gate Annexation Agreement 2
GATE ANNEXATION to connect to and utilizeCity services,includingmunicipal water and
sewer service,parks and recreation,fireand policeservices,and the City'stransportationsystem;
and
WHEREAS,Section 7-2-4610,Mont.Code Ann,provides that a municipality and
landowner can agree totheprovisionsof servicestothe areato be annexed;and
WHEREAS,the partiesrecognize additionaldevelopment on the CANYON GATE
ANNEXATION willimpact area parks,recreation,transportation,police,and fireservices,and
that future improvements may require additionalpublic infrastructurestreetimprovements
includingtransportationfortrafficcirculationand the provisionsof parks,recreation,police,and
fireservices;and
WHEREAS,the Landowner findsthisAgreement willprovide forthe most satisfactory
and dependable water supply and sewer supply or service,and provide transportation,parks,
recreation,policeand fireservicefordevelopment ofthe CANYON GATE ANNEXATION;and
WHEREAS,the partieshave determined that itis in the best interestsof the City and
Landowner,and infurtheranceof the publichealth,safetyand welfareof thecommunity to enter
intoand implement thisAgreement.
W IT NE S S E T H:
IN CONSIDERATION of the mutual covenants and agreements herein contained,the
partieshereto agreeas follows:
1.Recitals
The above recitalsare trueand correctand incorporatedherein.
Canyon Gate Annexation Agreement 3
2.Annexation
The Landowner filed an application for annexation of the CANYON GATE
ANNEXATION with the City on August 9,2021.By execution of thisAgreement,the City
manifestsitsintentto annex the CANYON GATE ANNEXATION tractpursuanttotheterms and
conditionsofthisAgreement.Subjecttotheprovisionsof Title7,Chapter 2,Part46,Mont.Code
Ann.the City shall,upon execution of thisAgreement,adopt a Resolution of Annexation of the
CANYON GATE ANNEXATION.Further,upon the execution of this Agreement,the
Landowner shalldo allthingsrequiredby thisAgreement and allthingsnecessaryand proper to
aid and assistthe City in carryingouttheterms,conditionsand provisionsof thisAgreement and
to effectthe annexationof the CANYON GATE ANNEXATION.
3.Services Provided
The City will,upon annexation,make availableto the CANYON GATE ANNEXATION
existingCity servicesonly to the extentcurrentlyavailable,or asprovided inthisAgreement.
4.Municipal Water Service Def'med
The term "municipalwater service"as isused in thisagreement shallbe theservicewhich
issuppliedby the City in accordance with Chapter 40,Article2,Bozeman Municipal Code,as
amended,as well as any other terms and conditions which apply to the City'sprovision of
municipal water servicebut does not includethe extensionof linesor constructionof necessary
improvements at any costto the City for deliveryof water to and within the CANYON GATE
ANNEXATION.Nothing in thisAgreement shallobligatethe City to pay for right-of-way
acquisition,engineering,construction,and other costsforthe deliveryof 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 establishedby the City.
Canyon Gate Annexation Agreement 4
5.Municipal Sewer Service Defined
The term "municipalsewer service"as isused inthisAgreement shallbe theservicewhich
issuppliedby the City in accordance with Chapter 40,Article3,Bozeman Municipal Code,as
amended,as well as any other terms and conditionswhich apply to the City'sprovisionof this
servicebut does not includethe extensionof linesor constructionof necessary improvements at
any costto the City forcollectionofsewage atand withintheCANYON GATE ANNEXATION.
Nothing inthisAgreement shallobligatetheCityto pay forright-of-wayacquisition,engineering,
construction,and other costsfor the collectionof sewage servicesto or within the CANYON
GATE ANNEXATION to include,but not limitedto,any impact fees,hookup,connection,or
development charges which may be establishedby the City.
6.Water Rights
The Landowner specificallyrecognizes and agrees the Landowner must provide water
rightsupon furtherdevelopment or subdivision of the property in accordance with Section
38.410.130,Bozeman Municipal Code.The City willcalculatethe amount of water rightsdue at
the time of furtherdevelopment or subdivisionof the propertybased on the annual demand for
volume of water the development willrequiremultipliedby the most currentannual unitpricein
effecton the datethe water rightsare transferredor payment-in-lieuof water rightsistobe made
to the City.As such,the Landowner acknowledges thatthe ratesforcash in-lieuof water rights
may increaseover time as establishedby Resolutionof the City Commission.The applicantmust
perform a water rightssearch to determine ifany existfor thisproperty.The Landowner must
transferany water rightsthatexistforthispropertyto the City of Bozeman priorto development.
Ifinsufficientwater rightsexist,theLandowner must pay cash inlieuofwater rights,inan amount
determined by the DirectorofPublic Service,priorto development.
Canyon Gate Annexation Agreement 5
7.Water and Sewer Connections
Landowner understandsand agreesthatconsistentwith the Agreement forPublicSanitary
Sewer and Water Connection and Consent to Annexation and under no conditionsnot laterthan
prior to final plattingof any subdivision of the property within the CANYON GATE
ANNEXATION,the existingresidence on the property must be removed or connected to City
water and sewer utilities.Water and sewer servicesmust be constructedinaccordancewith design
and specificationsapproved by the City priorto the installationof the water and sewer lines.
Landowner must contact the City Water and Sewer Division to obtain detailsof construction
requirements.Landowner must notifytheCity Water and Sewer Superintendenta minimum of 48
hours prior to constructionof the servicesand disconnection of the well and septicsystem
abandonment.
Landowner furtherunderstandsand agreesthatpriorto connection to the City water and
sewer system,or concurrent with removal of the existinghome,the existingon-sitesewage
treatmentsystem must be properly abandoned and certificationprovided to the City Water and
Sewer Divisionthatthe abandonment occurred.The Landowner must reportthe abandonment to
the GallatinCity County Health Department.In additionto abandonment of the septictank and
leachfield,the applicantmust demonstrate thatthesanitarysewer linefrom thehouse totheseptic
tank has been completely disconnected from the existingsepticsystem priorto the Landowner
connecting the sanitarysewer linecoming from thehouse tothe City sanitarysewer system.
Any wells presentlyused fordomestic purposes may be retainedforirrigationonly,with
no physicalconnectionto domestic water piping.Certificationthatthereisno physicalconnection
between an on-sitewell and the domestic water linecoming from the City'swater supply to the
house must be provided.The City Water and Sewer Division may perform an inspectionof the
Canyon Gate Annexation Agreement 6
propertyand certifythatthedisconnectionof thewell and septicsystem abandonment areproperly
completed.Landowner understands and agreesthatifLandowner failsto properlyabandon the
existingsepticsystem and/orfailsto disconnectthe existingwell from the domestic water piping
as requiredhereinthe City may upon ten day's writtennoticeto the Landowner terminatewater
and/orsewer servicestothe property.Costs of alldisconnectsand/orsubsequentreconnectsshall
be borne by Landowner.
8.Comprehensive Water and Water Design Report
Priorto futuredevelopment of the property the City may requirethe Landowner to have
prepared by a ProfessionalEngineer,atLandowner's soleexpense,a comprehensive designreport
evaluatingexistingcapacity of sewer and water utilitiesin the area.The reportmust include
hydraulic evaluationsof each utilityfor both existingand post-development demands,and the
reportfindingsmust demonstrate adequate capacityto servethe fulldevelopment of the land.If
adequate infrastructurecapacityisnot availablefor the proposed development,the reportmust
identifywater or wastewater system improvements necessary forthe proposed development.If
improvements to thiswater or wastewater system are necessary,the Landowner agrees priorto
development of the CANYON GATE ANNEXATION to complete,atLandowner's expense,the
necessarysystem improvements to servethe proposed development.
9.Future Development Limitations
The Landowner shallbe responsiblefor installingallfacilitiesrequired to provide full
municipal servicesto the property in accordance with the City'sInfrastructureMaster Plans and
all City regulations,policiesand guidelinesthat may be in effectat the time of any future
development.Thus,Landowner understandsand agreesLandowner has no right,eithergrantedor
implied,foritto furtherdevelop any of the CANYON GATE ANNEXATION untilitisverified
Canyon Gate Annexation Agreement 7
by the City thatthe necessary municipal services,includingbut not limitedto policeand fire
protection,parks and recreation,transportation,and sewer and water capacity,areavailableto all
or a portionof the CANYON GATE ANNEXATION.Notice isthusprovided tothe Landowner
thatpriorto additionaldevelopment of the property,the Landowner willbe solelyresponsiblefor
installing,at Landowner's sole expense,any facilitiesor infrastructurerequiredto provide full
municipal servicesto the CANYON GATE ANNEXATION in accordance with the City's
infrastructureplans,adopted Growth Policies/Community Plans,and allothercityregulations,
policiesand guidelinesthatmay be ineffectatthetime of development.
10.Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan forthe CANYON GATE
ANNEXATION fora system designed to remove solids,oils,grease,and otherpollutantsfrom
the runofffrom publicstreetsand other impermeable surfacesmay be requiredto be provided to
and approved by the City Engineer at the time of any future development.The plan must
demonstrate thatadequatetreatmentof runofffrom publicstreets,otherimpermeable surfaces,and
allfuturelotswill be achieved by providing spot elevations,flow directionarrows,detention
and/orretentionbasindetails(includingbasinsizingcalculationsand basintypicalsections),outlet
structuredetails,and culvertcapacity calculations.The plan must also locateand provide
easements foradequate drainage ways withinthe CANYON GATE ANNEXATION to transport
treatedrunoff to the stormwater receiving channel.The plan shallinclude sitegrading and
elevationinformation,typicalstormwater detention/retentionbasinand dischargestructuredetails,
basin sizingcalculations,and stormwater maintenance plan.Landowner recognizesthe City may
requiresuch Stormwater Master Plan to be implemented in allor partas a conditionof approval
of development of the CANYON GATE ANNEXATION.
Canyon Gate Annexation Agreement 8
11.Waiver of Right-to-ProtestSpecialDistricts
A.Landowner shallexecutea Waiver of Right-to-ProtestCreationof SpecialDistricts
(SID)or Special Improvement Districtsfor streetand transportationimprovements including
design and engineering,paving and subsurfaceimprovements,curb and gutter,lighting,sidewalk
and stormwater drainagefacilities,and fiberopticconduitfora)Streetimprovements toStoryMill
Road between Boylan Road and the southern terminus of L Streetincludingfrom the southern
terminus of L Streetsouth to and includingWallace Avenue toitsintersectionwith East Tamarack
Street(includingthe intersectionofWallace Avenue and EastTamarack Street)toincludelighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage and b)Streetimprovements to
Bridger Drive between Story Mill Road and Boylan Road as Boylan Road intersectswith Bridger
Drive at the Creekwood Subdivision including lighting,signalization,paving,curb/gutter,
sidewalk,and storm drainage;and c)intersectionimprovements for i)the intersectionof Story
Mill Road and BridgerDrive includinglighting,signalization/channelization,paving,curb/gutter,
sidewalk,and storm drainage;as setforthin Exhibit"A".The Landowner agreessuch SID will
provide a mechanism forthe fairand equitableassessment of constructionand maintenance costs
forsuch improvements.The waiver isattachedheretoas Exhibit"A"and ishereby incorporated
in and made a partofthisAgreement.
B.Landowner agreesthatinthe eventa specialdistrictor an SID isnot utilizedforthe
completion of these improvements as described in subsection A above,the Landowner shall
participatein an alternativefinancingmethod forthe completion of the improvements on a fair
share,proportionatebasisas determined by theCity on the basisofthe square footageof property,
taxable valuationof the property,trafficcontributionfrom the development or a combination
thereof,subjecttotheprovisionsof Section 12 pertainingtoPayback Districts.
Canyon Gate Annexation Agreement 9
C.Landowner understands and agrees thatthe City willchoose creationof a SID or
specialdistrictor an alternativefinancingmethod forthecompletion ofthe improvements and may
use eitherfinancingoptionatany time.
12.Payback Districts
Upon submission of a futuredevelopment application,the landowner may be expected to
make off-siteimprovements to Story Mill Road and certainfloodwatermitigationeffortswhich
may benefitfuturedevelopment of otherparcelsinthearea.Therefore,theLandowner may submit
an applicationto the City forthe creationof a Payback District.The City agreesto considerthe
creationof a Payback Districtforthe benefitof Landowner,forthe costsexpended to complete
such work as the City requiresforoff-siteimprovements to Story Mill Road and for floodwater
mitigationexceeding proportionalshareof such work as determined by the City.
13.Public Streetand UtilityEasement
The Landowner understands and agreesthata public streetand utilityeasement must be
provided for Story Mill Road,includinga 45 foot public streetand utilityeasement from the
centerlineof the existingright-of-way.The Landowner,at itssoleexpense,has createdsuch an
easement ina locationand form agreeabletothe City and theeasement willbe filedattheGallatin
County Clerk and Recorder's Office at the same time as this annexation agreement.The
Landowner furtherunderstands and agrees thatadditionalpublicstreetand utilityeasements may
be requiredfor deliveryof municipal serviceswith futuredevelopment and such easement shall
be provided atthe Landowner's soleexpense.
14.StreetImprovements
The Landowner understandsand agreesthatatthetime of futuredevelopment theportion
of Story Mill Road and Bridger Canyon Drive and theirrelatedtransportationinfrastructure
Canyon Gate Annexation Agreement 10
frontingthe CANYON GATE ANNEXATION must be improved to a City standardor Montana
Department of Transportationstandardas applicableat Landowner's expense,but subjectto any
Payback Districtor otherfunding mechanism as may apply.
15.Impact Fees
Landowner acknowledges thatannexation and development of theirpropertywillimpact
the City'sexistingstreet,water and sewer infrastructure,and theCity'sfireservice.As approved
by theCity,theLandowner and itssuccessorsmust pay:
A)Fire impact fees equal to the amount per Chpt.2,Art.6.Div.9 BMC,or as
amended,attime of issuanceof a buildingpermit.
B)Transportationimpact feesequal to the amount per Chpt.2,Art.6.Div.9 BMC,
or as amended,attime of issuanceof a buildingpermit.
C)Water impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,at
thetime of connectionto citywater services.
D)Sewer impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,at
thetime of connectiontocitysewer services.
The amount of impact feethe Landowner or itssuccessorspay forconnectiontothe city's
water and sewer services,if any,shallbe calculatedbased on the provisionsof the Bozeman
Municipal Code,as amended,in effectatthe time of applicationfor a permit to connect.The
amount of streetor fireimpact feesto be paid,ifany,shallbe calculatedbased on the provisions
of the Bozeman Municipal Code,as amended,in effectat the time an applicationfor building
permit issubmitted.
Landowner furtherunderstands and agrees thatany improvements,eitheron-siteor off-
site,necessarytoprovideconnection ofthe CANYON GATE ANNEXATION municipal services
and which are wholly attributableto the property as determined exclusivelyby the City are
considered"projectrelatedimprovements"as definedinChapter 2,Article6,Division9,Bozeman
Municipal Code,as amended,and as such,arenot eligibleforimpact feecredits.
Canyon Gate Annexation Agreement 11
IfLandowner defaultson thisconditionatthe time such isto be performed,and should
defaultnot be remedied or correctedwithin thirty(30)days afterwrittennoticeby City to the
Landowner and Landowner/Developer of such default,City may atitsoption:
A)Declare the amounts owing for impact fees immediately due and payable
and City shallhave the rightand privilegeto take legalactionagainst
Landowners for the collectionof such sum,including the entry of any
judgment.Inaddition,theCitymay,atitsoption,enforcepayment of such
amount by levyingan assessment on theproperty.
B)Elect any other remedy availableto City under the laws of the Stateof
Montana.
16.Assessments
Landowner understands and agreesthatafterthisAgreement isrecorded theCANYON
GATE ANNEXATION willbe subjecttoCity assessmentsforarterialand collectorstreets,
streetmaintenance,and treemaintenance on the same basisas allotherpropertiesintheCity.
17.Additional Terms
A.In order to advance the goals of the Bozeman Community Plan 2020,Theme 2,
notwithstandingany provisionto the contraryas setforthin the City'sregulationsforitszoning
districts,within the CANYON GATE ANNEXATION Landowner voluntarilyoffersand agrees
to:1)except for the specificbuildingheight limitsin subsection3 below,limitthe maximum
height of structureslocated within the entireproject to a maximum of 50 feetor 4 stories,
whichever isgreater;2)limitthe building footprintof each buildingwithin the B-2M zoning
districttoa maximum of25,000 squarefeetperbuilding;and 3)limitbuildingswithinthenorthern
100 feetoftheB-2M zoning districttoresidentialpurposes only with a maximum heightof36 feet
forstructureswith a flatroof and a maximum heightof 46 feetforstructureswith a pitchedroof.
Landowner shallrecorda covenant running with the landtobe approved by theCity Attorneyand
enforceableby the Citytoreflectthisagreement.
Canyon Gate Annexation Agreement 12
B.In orderto advance the goals of the Bozeman Community Plan 2020,Landowner
voluntarilyoffersand agrees to provide within the R-5 zoning areawithin the CANYON GATE
ANNEXATION,a minimum of 60 housing unitsthatare priced no greaterthan 120%of Area
Median Income atan interestrateof 3.5%per the matrix setforthinExhibitB.As determined by
the City,a one person household includesStudios,two person household includesone bedroom
units,a threeperson household includestwo bedroom units,and fourperson household includes
threebedroom units.The saleand management of the income restrictedhousing unitsshallbe
administeredby a community land trustor otherentityacceptableto the City.Landowner shall
begin constructionof the income restrictedhousing priorto any verticalconstructionwithin the
B2M zoning districtand shall complete all 60 units within 24 months aftercommencing
construction.Landowner shallrecorda covenant running with thelandtobe approved by the City
Attorney and enforceableby the City to reflectthisagreement.
C.Recording.The partiesrecognizethecovenants requiredinsubsectionsA and B,above,
must be filedand of record with the GallatinCounty Clerk and Recorder at the same time as the
recordationofthisAnnexation Agreement.
18.Governing Law and Venue
This agreement shallbe construedunder and governed by thelaws of thestateofMontana.
In the event of litigation,venue isinthe Eighteenth JudicialDistrictCourt,inand forCounty of
Gallatin,Stateof Montana.
19.Attorney's Fees
In the event itbecomes necessary foreitherpartyto thisAgreement to retainan attorney
to enforce any of the terms or conditionsof thisAgreement,then the prevailingparty shallbe
Canyon Gate Annexation Agreement 13
entitledtoreasonableattorney'sfeesand costs,to includethe salaryand costsof in-housecounsel
includingCityAttorney.
20.Waiver
No waiver by eitherparty of any breach of any term,covenant or agreement shallbe
deemed a waiver of the same or any subsequent breach of thissame or any otherterm,covenant
or agreement.No covenant,term or agreement shallbe deemed waived by eitherparty unless
waived inwriting.
21.Invalid Provision
The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe
otherprovisionshereof,and thisAgreement shallbe construedinallrespectsas ifsuch invalidor
unenforceableprovisionwere omitted.
22.Modifications or Alterations
No modificationsor amendment of thisAgreement shallbe valid unlessevidenced by a
writingsignedby the partieshereto.
23.No Assignment
Itisexpresslyagreed thatthe Landowner and/or Landowner/Developer shallnot assign
thisAgreement inwhole or in partwithout priorwrittenconsent of the City.
24.Successors
This Agreement shallbe binding upon,inureto the benefitof and be enforceableby the
partiesheretoand theirrespectiveheirs,successorsand assignsand specificallytoany subsequent
purchaser oftheannexed property.
25.Covenants to Run with the Land
Canyon Gate Annexation Agreement 14
The partiesintendthatthe terms of thisAgreement shallbenefitthe CANYON GATE
ANNEXATION and shallbe covenants running with the land and shallnot expireattheirdeaths
or upon transferof ownership of the property.
The undersigned Landowner affirmsthatthey have authorityto enterintothisAgreement
and tobind themselvesto thisAgreement.
IN WITNESS WHEREOF,thepartiesheretohave caused thisagreement to be executed the
day and year firstabove written.
Canyon Gate Annexation Agreement 15
LANDOWNER
CANYON GATE INVESTORS,LLC
a Montana limitedliabilitycompany
By:CANYON GATE PARTNERS,LLC
a Montana limitedliabilitycompany,its
Managing Member
By:Andrew Holloran,Manager
STATE OF ódá4 )
COUNTY OF n
On this 73 day of ,2022,beforeme,the undersigned,a
Notary Public forthe Stateof (Y¥nh ,personallyappeared Andrew Holloran,as
Manager of Canyon Gate Partners,LLC,theManaging Member of Canyon Gate Investors,LLC,
known to me tobe thelandowner thatexecuted the withininstrument,and acknowledged tome
thatthey executed the same forand on behalfof landowner.
IN WITNESS WHEREOF,I have hereuntosetmy hand and affixedmy officialsealthe
day and year firstabove written.
(SEAL)
LAUREN J CUMMINGS
NotaryPublic (StªteofMontana (PrintedNa e He )à enmt
.SEAL.Boze ,or ana Notary Pu icforth Stateoff
ept m e ses Residing at n
My Commission expires:°/
(Use 4 digitsforexpirationyear)
Canyon Gate Annexation Agreement 16
CITY OF BOZEMAN
.J ih ich,City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this \½day of Ñpd \,2021 ,beforeme,a Notary Public forthe
stateof Montana,personallyappeared JeffMihelich and Mike Maas,known to me tothepersons
describedinand who executed the foregoing instrumentas City Manager and City Clerk respectively,
of the City of Bozeman,whose names are subscribedtothe within instrumentand acknowledged to me
thatthey executed thesame forand on behalfof saidCity.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and
year firstabove written.
(SEAL)
TAYLOR CHAMBERS (Printe ame Here)
fortheStat o ontana Notary ublicforthe Stateof Montana
S ÃL soze oÝtana
My CommissionExpires:My Commission Expires:O)-vs.·2.025
January12,2025 (Use 4 digitsforexpirationyear)
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 realpropertysituatedinthe County of Gallatin,Stateof Montana,
and more particularlydescribedas follows:
Parcel7B of Certificateof Survey No.2408,lessHWRW,according to the officialCertificate
of Survey thereof,recorded intherecordsof GallatinCounty.
IN CONSIDERATION of receivingapproval for annexation of the subjectproperty from the
City of Bozeman,along with accompanying rights and privilegesand for other and valuable
consideration,the receiptof which ishereby acknowledged,and in recognitionof the impacts to the
streetsand intersectionsset forth below which willbe caused by the development of the above-
describedproperty,the owner has waived and does hereby waive foritself,itssuccessorsand assigns
forevertherightto protestthe creationof one or more specialdistrictsor specialimprovement districts
forthe design and engineering,constructionand maintenance of followingimprovements:
1.Streetimprovements toStory Mill Road between Boylan Road and thesouthernterminus
of L Streetincludingfrom thesouthernterminus of L Streetsouth to and includingWallace Avenue to
itsintersectionwith East Tamarack Street(includingthe intersectionof Wallace Avenue and East
Tamarack Street)toincludelighting,signalization,paving,curb/gutter,sidewalk,and storm drainage;
2.Streetimprovements to Bridger Drive between Story Mill Road and Boylan Road as
Boylan Road intersectswith Bridger Drive at the Creekwood Subdivision including lighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage;and
3.Intersectionimprovements at Story Mill Road and Bridger Drive includinglighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
Canyon Gate Annexation Agreement 18
Landowner agrees the City has the sole rightto controlthe design and constructionof such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructureplans and requirements.Further,the
Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the
districtbe assessedin response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includethe above-describedproperty.
Intheeventa specialdistrictor specialimprovement districtisnot utilizedforthecompletion of
these improvements,the developer agrees to participatein an alternatefinancing method for the
completion of saidimprovements on a fairshare,proportionatebasisas determined by the City on the
basisof the square footage of property,taxablevaluationof theproperty,trafficcontributionfrom the
development or a combination thereof.Landowner understands and agrees thatthe City willchoose
creationof a SID or specialdistrictor an alternativefinancing method for the completion of the
improvements and may use eitherfinancingoptionatany time.
This waiver ismade forthe benefitof the propertydescribedhereinshallbe a covenant running
with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the
successors-in-interestand assignsof the Landowner.
Canyon Gate Annexation Agreement 19
DATED this S day of M1decA ,202 2 .
LANDOWNER
CANYON GATE INVESTORS,LLC
a Montana limitedliabilitycompany
By:CANYON GATE PARTNERS,LLC
a Montana limitedliabilitycompany,its
Managing Member
By:Andrew Holloran,Manager
STATE OF )
:ss
COUNTY OF c n )
On this 3 day of \lcud ,2013,beforeme,theundersigned,a Notary
Public forthe Stateof h¼,personallyappeared Andrew Holloran,as Manager of
Canyon Gate Partners,LLC,the Managing Member of Canyon Gate Investors,LLC,known to me to
be thelandowner thatexecuted the withininstrument,and acknowledged to me thatthey executed the
same forand on behalfof landowner.
IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealtheday and
year firstabove written.
(SEAL)
Not Pu i
£40m42g forthestateofMontana Notary Pu e fo he Stateof (Ybwbr(*.SËÃL *soze ontana Residing at -2 _hn Ceò YYbn
My CommissionExpires:·My Commission Expires /4/a38°2°23
(Use 4 digitsforexpirationyear)
Canyon Gate Annexation Agreement 20
EXHIBIT B -AMI Matrix
AM $90.400«enterMFIhere
Description 1,0Person1.5Person2,0Person2,5Person3.0Person3.5Person4.0Person5.0Person
income
40%$25,320 S27,140 $28,960 $30,760 S32,560 S34,360 S36,160 S39,0B049%$31,017 S33,247 S35,476 S37,681 S39,886 S42,091 $44.296 $47,87350%$31,650 $33,925 536,200 $38,450 S40.700 $42,950 $45,200 $48,85055%S34,815 S37,318 $39,820 S42,295 S44,770 $47,245 S49,720 $53.735
60%$37,980 S40,710 $43,440 S46,140 S48,840 551,540 $54,240 S58,62070%$44,310 $47,495 S50,680 $53,830 S56,980 $60,130 563,280 $68.39080%$50,640 554,280 $57.920 $61,520 565,420 S68,720 $72,320 578,16090%S56,970 $61,065 $65,160 369,210 573,260 577,310 $81,360 587,930
100%$63,300 $67,850 572,400 $76,900 $811400 $85,900 $90,400 $97,700110%569,630 $74,635 579,640 $84,590 $89,540 594.490 S99,440$107,470120%$75,960 $81,420 $86,880 $92,280 S97,680$103,080$108,480$117,240
hhxHousingCost 30%
40%S7,596 $8,142 $8,688 $9,228 $9.768 S10,308 $10,848 $41,724
49%$9,305 $9,974 S10,643 511,304 S11,966 S12.627 S13,289 S14,36250%S9,495 $10,178 S10,860 $11,535 $12,210 $12,885 $13,560 S14,65555%S10,445 S11,195 $11,946 $12,689 S13,431 S14,174 $14,916 516.124
60%511,394 512.243 S13.032 Si3,842 514,652 $15.462 516.272 517,586
70%S13,293 $14,249 515204 S16,149 S17,094 $18,039 $18,984 $20,517
80%$15,192 $16,284 517,376 S18,456 S19,536 $20,616 $21,696 $23,44890%S17.091 $18,320 S19,548 $20,763 S21,978 $23,193 $24,408 $26,379
100%S18,990 S20,355 $21,720 $23,070 S24,420 $25,770 $27,120 529,310110%S20,889 S22,391 S23,892 $25,377 S26,862 S28,347 $29,832 $32,241
120%S22,788 $24,426 $26,064 $27,684 S29,304 $30,924 S32,544 $35,172
Rate 3.50%
Term 30.0
HOAMo,Fee $250
Downpayment 5.00%
HomeValtre
40%S88.979 $99,549 $110,120$120,574$131,029$141,483$151,938$168,897
49%$122,067$135,016$147,965$160,772$173,578$186,385$199,192S219,96750%$125,744$138,9575152,170$165,238$178,306$191,374$204,442S225,641
55%$144,126$158,660$173,195$187,570$201,945$216,319$230,6945254,01460%$162,508$178,364$194,220$209,902$225,583$241,265$256,947$282,386
70%$199,273$217,771$236,270$254,565$272,861$291,156$309,451$339,13080%$236,038$257,179$278,320$299,229$320,138$341,047$361,955$395,874
90%$272,802$296,586$320,370$343,893$367,415$390,937$414,460$452,619
100%$309,567$335,994$362,420$388,556$414,692$440,828$466.964$509,363
110%$346,332$375,401$404,470$433,220$461,969$490,719$519,469$566,107
120%$383,097$414,808$446,520$477,883$509,247$540,610$571,973$622,851
Sotrce:HUD:Economic&PlawngSystems
honotosemrhrcæ4Nöx2sagrestimaxopfricom.mteson.OJawomxkwtAvscatdskr.enlT-onaAvi
Canyon Gate Annexation Agreement 21