HomeMy WebLinkAbout23 - Annexation & Lot Mergers - 2B Holdings, LLC - 4840 Fowler Lane, Application 223832816277
Inter-officeOriginalto:3 n y T
1 C er
PO Box 1230
Bozeman,MT 549771-1230
4840 FOWLER LANE
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT made and entered into this day of
tcem ,2023,by and between the CITY OF BOZEMAN,a self-governingmunicipal
corporationorganized and existingunder itsCharter and the laws of the Stateof Montana with offices
at 121 N.Rouse Avenue,Bozeman,Montana 59771-0640,hereinafterreferredto as "City",and 2B
Holdings,LLC,7555 Cottonwood Road,Bozeman,MT 59715,hereinafterreferredto as "Landowner".
The effectivedateof thisAgreement shallbe thedateupon which theBozeman CityCommission adopts
a resolutioncreatingthe 4840 Fowler Lane Annexation and authorizingexecutionof thisAgreement.
W IT N E S S E T H :
WHEREAS,Landowner isowner in fee of a tractof certainrealproperty,hereinafterreferred
to as the 4840 FOWLER LANE ANNEXATION situatedin GallatinCounty,Montana,and more
particularlydescribedas follows:
A Tractof landbeing Tract2 of COS 1996,locatedin theNorthwest One-Quarter of Section23,
Township 2 South,Range 5 East,P.M.M.,GallatinCounty,Montana,more particularlydescribed
asfollows:
4840 FOWLER LANE Annexation Agreement,Application#22383 1
BEGINNING ata calculatedpositionon the Sectionlinebetween Sections22 &23
being the Southwest cornerof saidTract2 from which an illegiblealuminum cap,the ¼corner
common toSections22 &23 bears South 00°09'50"East a distanceof 1329.70 feet;
thence North 00°09'50"West along said Section Line a distanceof 664.85 feetto a calculated
position;thence leavingsaidSectionLine North 89°17'16"East a distanceof 1341.25 feetto a
5/8"x24"rebarwith 2"Alpine Aluminum Cap;
thence South 00°00'24"West a distanceof 668.78 feetto a 5/8"x24"rebar with 2"Alpine
Aluminum Cap;thence South 89°27'18"West a distance of 1339.22 feetto the Point of
Beginning,containing20.515 acresmore or less.
SUBJECT to alleasements of record or apparentfrom visualinspectionof theproperty.
All as depictedon the4840 FOWLER LANE Annexation Map.
WHEREAS,theLandowner petitionedthe City forannexationtotheCity ofthe4840 FOWLER
LANE ANNEXATION;and
WHEREAS,the 4840 FOWLER LANE ANNEXATION isnot within the corporatelimitsof
theCityorothermunicipalityand may thereforebe annexed totheCity inaccordance withtheprovisions
of thisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and
WHEREAS,thepartiesrecognizetheannexationofthe4840 FOWLER LANE ANNEXATION
pursuant to Section 7-2-4601,et seq.,Mont.Code Ann.will allow the 4840 FOWLER LANE
ANNEXATION to connect to and utilizeCity services,includingmunicipal water and sewer service,
parks and recreation,fireand policeservices,and theCity'stransportationsystem;and
WHEREAS,Section 7-2-4610,Mont.Code Ann.provides thata municipalityand landowner
can agreeto theprovisionsof servicestothe areatobe annexed;and
WHEREAS,thepartiesrecognize development on the4840 FOWLER LANE ANNEXATION
willimpact areaparks,recreation,transportation,police,and fireservices,and thatfuturedevelopment
may requireadditionalpublicinfrastructure,includingtransportation,capacityformunicipal water and
sewer services,parks,recreation,police,and fireservices;and
4840 FOWLER LANE Annexation Agreement,Application#22383 2
WHEREAS,the Landowner findsthisAgreement willprovide forthe most satisfactoryand
dependable water supply and sewer supply or service,and provide transportation,parks,recreation,
policeand fireservicefordevelopment of the4840 FOWLER LANE ANNEXATION;and
WHEREAS,thepartieshave determined thatitisinthebestinterestsof theCity and Landowner,
and infurtheranceof thepublichealth,safetyand welfareof thecommunity to enterintoand implement
thisAgreement.
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained,the parties
heretoagree as follows:
1.Recitals
The above recitalsaretrueand correctand arehereby incorporatedintothisAgreement.
2.Annexation
The Landowner filed an application for annexation of the 4840 FOWLER LANE
ANNEXATION with theCityon December 6,2022.By executionofthisAgreement,the Citymanifests
itsintentto annex the4840 FOWLER LANE ANNEXATION tractpursuanttotheterms and conditions
of thisAgreement.Subject to the provisionsof Title7,Chapter 2,Part46,Mont.Code Ann.the City
shall,upon executionof thisAgreement,adopt a ResolutionofAnnexation ofthe 4840 FOWLER LANE
ANNEXATION.Further,upon the execution of thisAgreement,the Landowner shalldo allthings
requiredby thisAgreement and allthingsnecessaryand proper to aid and assisttheCity in carryingout
the terms,conditions and provisions of thisAgreement and to effectthe annexation of the 4840
FOWLER LANE ANNEXATION.
3.Services Provided
4840 FOWLER LANE Annexation Agreement,Application#22383 3
The City will,upon annexation,make availableto the 4840 FOWLER LANE ANNEXATION
existingCity servicesonly tothe extentcurrentlyavailable,or asprovided inthisAgreement.
4.Municipal Water Service Defined
The term "municipal water service"as used inthisagreement istheservicesuppliedby theCity
inaccordance with Chapter 40,Article2,Bozeman Municipal Code,as amended,as well as any other
terms and conditionswhich applytotheCity'sprovisionof municipalwater service,but does not include
the extensionof linesor constructionof necessaryimprovements atany costtothe City fordeliveryof
water to and within the 4840 FOWLER LANE ANNEXATION.Nothing in thisAgreement shall
obligatethe City to pay forright-of-wayacquisition,engineering,construction,and othercostsforthe
deliveryof water to orwithinthe 4840 FOWLER LANE ANNEXATION including,but not limitedto,
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"asused inthisAgreement istheservicesuppliedby 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'sprovision of thisservice,but does not include the
extension of linesor constructionof necessary improvements at any costto the City forcollectionof
sewage at and within the 4840 FOWLER LANE ANNEXATION.Nothing in thisAgreement shall
obligatethe City to pay forright-of-wayacquisition,engineering,construction,and othercostsforthe
collectionof sewage servicesto or withinthe4840 FOWLER LANE ANNEXATION including,but not
limitedto,any impact fees,hookup,connection,or development charges which may be establishedby
the City.
4840 FOWLER LANE Annexation Agreement,Application#22383 4
6.Water Rights
The Landowner specificallyrecognizesand agreesthe Landowner must satisfythe City'swater
adequacy code upon furtherdevelopment or subdivisionof the property in accordance with Section
38.410.130,Bozeman Municipal Code.The City willcalculatethe totalamount of water thatmust be
offsetin accordance with 38.410.130 BMC atthe time of furtherdevelopment or subdivisionof the
property.The Landowner must transferany useful water rightsthatexistfor the propertyto the City
priorto development.
The City has determined thatthe followingwater rightsthatexistforthispropertyareusefulfor
the City and shallbe transferredto theCity upon furtherdevelopment or subdivisionof the property:
NONE
The amount of the calculateddemand offsetby the transferof theseusefulwater rightswillbe
determined by the City at the time of futuredevelopment.Ifthe calculateddemand isnot completely
offsetby the transferof theseusefulwater rights,the Landowner must offsetthe remaining calculated
demand in accordance with 38.410.130 BMC priorto development.Ifcash in lieuof water rightsare
used to offsetany portionof thecalculateddemand,the Landowner acknowledges thattheratesforcash
in-lieuof water rightsmay increaseover time as establishedby Resolutionof the City Commission.
7.Water and Sewer Connections
Landowner understands and agrees that water and sewer servicesmust be constructed in
accordance with design and specificationsapproved by theCitypriorto theinstallationof thewater and
sewer lines.Landowner must contacttheCityWater and Sewer Divisiontoobtaindetailsofconstruction
requirements.Landowner must notifythe CityWater and Sewer Superintendenta minimum of48 hours
priorto constructionof theservicesand disconnectionof the well and septicsystem abandonment.
Landowner furtherunderstands and agreesthatpriorto connection to the City water and sewer
4840 FOWLER LANE Annexation Agreement,Application#22383 5
system,the existingon-sitesewage treatmentsystem must be properly abandoned and certification
provided to the City Water and Sewer Division thatthe abandonment occurred.The Landowner must
reporttheabandonment to the GallatinCity County Health Department.In additionto abandonment of
the septictank and leach field,the applicantmust demonstrate thatthe sanitarysewer linesfrom the
houses to the septictank has been completely disconnectedfrom the existingsepticsystem priorto the
Landowner connectingthesanitarysewer linecoming from thehouses totheCitysanitarysewer system.
Any wells presentlyused for domestic purposes may be retainedfor irrigationonly,with no
physicalconnectionto domestic water piping.Certificationthatthereisno physicalconnectionbetween
an on-sitewell and the domestic water linecoming from the City'swater supply to the house must be
provided.The City Water and Sewer Divisionmay perform an inspectionof thepropertyto confirm that
the disconnectionof the well and septicsystem abandonment are properly completed.Landowner
understandsand agreesthatifLandowner failstoproperlyabandon the existingsepticsystem or failsto
disconnectthe existingwell from the domestic water piping as requiredherein,the City may,upon ten
day's writtennoticeto the Landowner,terminatewater and/orsewer servicesto theproperty.The cost
of alldisconnectsand subsequent reconnectsshallbe borne by Landowner.
8.Comprehensive Water and Water Design Report
Priortofuturedevelopment ofthepropertytheCitymay requirethe Landowner tohave prepared
by a ProfessionalEngineer,at Landowner's sole expense,a comprehensive design reportevaluating
existingcapacityof sewer and water utilitiesinthearea.The reportmust includehydraulicevaluations
ofeach utilityforboth existingand post-development demands,and thereportfindingsmust demonstrate
adequate capacityto serve the fulldevelopment of the land.Ifadequate infrastructurecapacityisnot
available for the proposed development,the report must identifywater or wastewater system
improvements necessary forthe proposed development.Ifimprovements to thiswater or wastewater
4840 FOWLER LANE Annexation Agreement,Application#22383 6
system are necessary,the Landowner agrees prior to development of the 4840 FOWLER LANE
ANNEXATION to complete,atLandowner's expense,the necessarysystem improvements to servethe
proposed development.
9.Future Development Limitations
The Landowner shallbe responsibleforinstallingallfacilitiesrequiredtoprovide fullmunicipal
servicestothepropertyin accordance with theCity'sInfrastructureMaster Plans and allCityregulations,
policiesand guidelinesthat may be in effectat the time of any future development.Landowner
understands and agrees Landowner has no right,eithergrantedor implied,foritto furtherdevelop any
ofthe4840 FOWLER LANE ANNEXATION untilitisverifiedby the Citythatthenecessarymunicipal
services,includingbut not limitedtopoliceand fireprotection,parks and recreation,transportation,and
sewer and water capacity,are availableto allor the relevantportion of the 4840 FOWLER LANE
ANNEXATION to servetheproposed development.Notice ishereby provided to the Landowner that
priorto additionaldevelopment of the property,the Landowner willbe solelyresponsibleforinstalling,
atLandowner's soleexpense,any facilitiesor infrastructurerequiredtoprovide fullmunicipal services
to the 4840 FOWLER LANE ANNEXATION in accordance with the City's infrastructureplans,
adopted Growth Policies/Community Plans,and allothercityregulations,policiesand guidelinesthat
may be in effectatthetime of development.
10.Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan forthe 4840 FOWLER LANE
ANNEXATION fora system designed toremove solids,oils,grease,and otherpollutantsfrom therunoff
from public streetsand otherimpermeable surfacesmay be requiredtobe provided to and approved by
the City Engineer atthe time of any futuredevelopment.The plan must demonstrate thatadequate
treatmentof runofffrom public streets,otherimpermeable surfaces,and allfuturelotswillbe achieved
4840 FOWLER LANE Annexation Agreement,Application#22383 7
by providing spot elevations,flow directionarrows,detentionand/orretentionbasin details(including
basin sizing calculationsand basin typicalsections),outletstructuredetails,and culvert capacity
calculations.The plan must alsolocateand provide easements foradequate drainageways withinthe
4840 FOWLER LANE ANNEXATION totransporttreatedrunofftothestormwater receivingchannel.
The plan shallinclude sitegrading and elevationinformation,typicalstormwater detention/retention
basin and discharge structuredetails,basin sizing calculations,and stormwater maintenance plan.
Landowner recognizesthe City may requiresuch Stormwater Master Plan tobe implemented intotalor
inpartas a conditionof approvalof development of the4840 FOWLER LANE ANNEXATION.
11.Waiver of Right-to-ProtestSpecial Districts
A.Landowner shallexecutea Waiver of Right to ProtesttheCreationof SpecialDistrictsor
Special Improvement Districts(SID)for infrastructureimprovements to streetsand transportation
systems including design and engineering,paving and subsurface improvements,curb and gutter,
sidewalk and stormwater drainagefacilities,and fiberopticconduitfor:
a.Streetimprovements to South 27thAvenue between Stucky Road and Blackwood Road including
lighting,signalization,paving,storm/gutter,sidewalk,and storm drainage.
b.Streetimprovements to Stucky Road between Fowler Lane and South 19thAvenue including
lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage.
c.Streetimprovements to West Graf Streetbetween Fowler Lane to South 19thAvenue including
lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage.
d.Streetimprovements to Fowler Lane between Blackwood Road and Stucky Road including
lighting,signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
The Landowner agrees such SID will provide a mechanism for the fairand equitableassessment of
constructionand maintenance costsfor such improvements.The waiver isattachedhereto as Exhibit
"A"and ishereby incorporatedintoand made a partof thisAgreement.
4840 FOWLER LANE Annexation Agreement,Application#22383 8
B.Landowner shallexecute a Waiver of Right to Protestthe Creationof SpecialDistrictsor
SpecialImprovement Districts(SID)forIntersectionimprovements includinglighting,signalizationand
channelization,paving,curb/gutter,sidewalk,and storm drainagefor:
e.Intersectionimprovements at South 27*Avenue and West Graf Streetincluding lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
f.Intersectionimprovements at Fowler Lane and West Graf Street including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
g.Intersectionimprovements at West Graf Street and South 19*Avenue including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
h.Intersectionimprovements at Stucky Road and South 19th Avenue including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
i.Intersection improvements to Fowler Lane and Stucky Road including lighting,
signalization/channelization,paving curb/gutter,sidewalk,and storm drainage.
j.Intersectionimprovements to Fowler Lane and Blackwood Road including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
The Landowner agreessuch SID or specialdistrictswillprovide a mechanism forthe fairand equitable
assessment of constructionand maintenance costsforsuch improvements.The waiver isattachedhereto
as Exhibit"B"and ishereby incorporatedin and made a partof thisAgreement.
C.Landowner agrees thatin the event a specialdistrictor an SID is not utilizedfor the
completion of theseimprovements as describedin subsectionA above,the Landowner shallparticipate
inan alternativefinancingmethod forthe completion of the improvements on a fairshare,proportionate
basis as determined by the City on the basisof the square footageof property,taxablevaluationof the
property,trafficcontributionfrom the development or a combination thereof.
D.Landowner understands and agreesthattheCity willchoose creationof a SID or special
districtor an alternativefinancingmethod forthe completion of the improvements and may use either
financingoptionatany time.
4840 FOWLER LANE Annexation Agreement,Application#22383 9
12.Public Street and UtilityEasement
The Landowner understandsand agreesthata publicstreetand utilityeasement must be provided
atthe time Landowner returnsthe signed annexation agreement for theirrespectiveportionof Fowler
Lane Right of Way (50 feet)eastfrom thecenterlineof the existingRight of Way as a publicstreetand
utilityeasement where Fowler is adjacent to the property prior to the adoption of Resolution of
Annexation.
The Landowner,atitssoleexpense,has createdsuch easements in a locationand form agreeable
to the City and the easement willbe filedat the GallatinCounty Clerk and Recorder's Office.The
Landowner furtherunderstands and agrees thatadditionalpublic streetand utilityeasements may be
requiredfordeliveryof municipal serviceswith futuredevelopment and such easement shallbe provided
atthe Landowner's soleexpense.
13.StreetImprovements
The Landowner understands and agrees thatatthe time of futuredevelopment the portionof
Fowler Lane and its related transportationinfrastructurefronting the 4840 FOWLER LANE
ANNEXATION thispropertymust be improved to a City standardatLandowner's expense.
14.Impact Fees
Landowner acknowledges that annexation and development of theirproperty will impact the
City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved by the
City,the Landowner and itssuccessorsmust pay:
A)Fireimpact feesequalto the amount per Chpt.2,Art.6.Div.9 BMC,or as amended,at
time 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 asamended,atthetime
of connectiontocitywater services.
D)Sewer impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or asamended,atthetime
of connectionto citysewer services.
4840 FOWLER LANE Annexation Agreement,Application#22383 10
The amount ofimpact feetheLandowner oritssuccessorspay forconnection to thecity'swater
and sewer services,ifany,shallbe calculatedbased on theprovisionsof theBozeman Municipal Code,
as amended,in effectat the time of applicationfor a permit to connect.The amount of streetor fire
impact feesto be paid,ifany,shallbe calculatedbased on the provisionsof the Bozeman Municipal
Code,as amended,in effectatthetime an applicationforbuildingpermit issubmitted.
Landowner furtherunderstands and agrees that any improvements,eitheron-siteor off-site,
necessaryto provide connection of the 4840 FOWLER LANE ANNEXATION municipal servicesand
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 fee credits.
IfLandowner defaultson thisconditionatthe time such isto be performed,and should default
not be remedied or correctedwithin thirty(30)days afterwrittennoticeby City tothe Landowner and
Landowner/Developer of such default,the City may,atitsoption:
A)Declaretheamounts owing forimpact feesimmediately due and payable and City
shallhave therightand privilegetotake legalactionagainstLandowners forthe
collectionof such sum,includingthe entryof any judgment.In addition,theCity
may,atitsoption,enforcepayment of such amount by levyingan assessment on
theproperty.
B)Electany otherremedy availableto Cityunder the laws ofthe Stateof Montana.
15.Charges and Assessments
Landowner understandsand agreesthatafterthisAgreement isrecorded the 4840 FOWLER
LANE ANNEXATION willbe subjectto Cityassessmentsforarterialand collectorstreets,street
maintenance,and treemaintenance on the same basisas allotherpropertiesintheCity.
4840 FOWLER LANE Annexation Agreement,Application#22383 11
16.Additional Terms
The partiesrecognizethesedocuments must be filedand of recordwith the GallatinCounty Clerk
and Recorder priorto the saleof any land within the 4840 FOWLER LANE ANNEXATION.The
partiesfurtheragree thattheCity may filethesedocuments atany time.
17.Governing Law and Venue
This agreement shallbe construedunder and governed by the laws of the Stateof Montana.In
the event of litigation,venue isintheEighteenth JudicialDistrictCourt,in and forCounty of Gallatin,
Stateof Montana.
18.Attorney's Fees
In the event itbecomes necessary for eitherparty to thisAgreement to retainan attorneyto
enforceany of the terms or conditionsof thisAgreement or to give any noticerequiredherein,then the
prevailingparty or the party giving notice shallbe entitledto reasonable attorney'sfees and costs,
includingfees,salaryand costsof in-housecounsel includingCity Attorney.
19.Waiver
A waiver by eitherpartyof any defaultor breach by the otherpartyof any term or conditionof
thisAgreement does not limitthe otherparty'srightto enforcesuch term or conditionor to pursue any
availablelegalor equitablerightsinthe event of any subsequent defaultor breach.No covenant,term
or agreement shallbe deemed waived by eitherpartyunlesswaived inwriting.
20.Invalid Provision
The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe other
provisions hereof,and this Agreement shall be construed in all respects as if such invalid or
unenforceableprovisionwere omitted.
21.Modifications or Alterations
4840 FOWLER LANE Annexation Agreement,Application#22383 12
No modificationsoramendment of thisAgreement arevalidunlessevidenced by a writingsigned
by the partieshereto.
22.No Assignment
Itisexpresslyagreed thatthe Landowner shallnot assign thisAgreement in whole or in part
withoutpriorwrittenconsent of the City.
23.Successors
This Agreement shallbe binding upon,inureto the benefitof and be enforceableby the parties
heretoand theirrespectiveheirs,successorsand assignsand specificallyto any subsequentpurchaserof
the annexed property.
24.Covenants to Run with the Land
The partiesintend thatthe terms of thisAgreement shallbenefitthe 4840 FOWLER LANE
ANNEXATION and shallbe covenants running with theland and shallnot expireattheirdeathsorupon
transferof ownership oftheproperty.
The undersigned affirms that they have authorityto enter into thisAgreement and to bind
Landowner tothisAgreement.
4840 FOWLER LANE Annexation Agreement,Application#22383 13
IN WITNESS WHEREOF,thepartiesheretohave caused thisagreement tobe executed the day and
year firstabove written.
DATED this iy Aday of ,2023.
LANDOWNER
2B H DINGSf C,
By.enjamin cistler
Title:Manager
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this /6 day of c,,,,2023,by,foreme,theundersigned,a Notary Public
forthe Stateof Montana,personallyappeared by%/v s-l/e-known to me to be the
landowner thatexecuted thisAgreement and acknowledged thisrecord.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and
year firstabove written.
(SEAL)
%,,AARON CLARK ()printname
fortheStateo ontana a e orme mate omomana
raesidingat:Residing at \SEAI Bozeman,Montana My Commission Expires:\My CommissionExpires:°August10,2026 (Use 4 digitsforexpirationyea
4840 FOWLER LANE Annexation Agreement,Application#22383 14
CITY OF BOZEMAN
By:f li Ci Manager
ATTEST:
Nco
A(AS
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of fimhJf ,2023,before me,a Notary Publicforthe
stateof Montana,personallyappeared JeffMihelich and Mike Maas,known to me to thepersons
describedin and who executed the foregoinginstrumentas 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 officialsealtheday and
year firstabove written.
(SEAL)
(7tA..Af &MW )printname
JULIE HUNTER No y Publi or the Stateof Montana
forthes°tato ontana Residing at ()/)A.
esidingat:My Commission Expires:o6-),b Zo2.9
SEAL Bozeman,Montana (Use 4 digitsforexpirationyear)·...My CommissionExpires
,June11,2025
4840 FOWLER LANE Annexation Agreement,Application#22383 15
EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
4840 FOWLER LANE ANNEXATION
The undersigned owner of the realpropertysituatedinthe County of Gallatin,Stateof Montana,
and more particularlydescribedas follows:
A Tract of land being Tract2 of COS 1996 locatedin theNorthwest One-Quarter of Section23,
Township 2 South,Range 5 East,P.M.M.,GallatinCounty,Montana,more particularlydescribed
as follows:
BEGINNING ata calculatedpositionon the Sectionlinebetween Sections22 &23
being the Southwest corner of saidTract2 from which an illegiblealuminum cap,the ¼corner
common to Sections22 &23 bears South 00°09'50"East a distanceof 1329.70 feet;
thence North 00°09'50"West along saidSectionLine a distanceof 664.85 feetto a calculated
position;thence leaving saidSection Line North 89°17'16"East a distanceof 1341.25 feetto a
5/8"x24"rebarwith 2"Alpine Aluminum Cap;
thence South 00°00'24"West a distanceof 668.78 feetto a 5/8"x24"rebar with 2"Alpine
Aluminum Cap;thence South 89°27'18"West a distance of 1339.22 feet to the Point of
Beginning,containing20.515 acresmore or less.
SUBJECT to alleasements ofrecordor apparentfrom visualinspectionof the property.
All as depictedon the4840 FOWLER LANE Annexation Map.
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 transportation
impacts to:
a.Streetimprovements to South 27thAvenue between Stucky Road and Blackwood Road including
lighting,signalization,paving,storm/gutter,sidewalk,and storm drainage.
b.Streetimprovements to Stucky Road between Fowler Lane and South 19thAvenue including
lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage.
4840 FOWLER LANE Annexation Agreement,Application#22383 16
c.Streetimprovements to West Graf Streetbetween Fowler Lane to South 19thAvenue including
lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage.
d.Streetimprovements to Fowler Lane between Blackwood Road and Stucky Road including
lighting,signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
which willbe caused by the development of the above-describedproperty,theowner has waived
and does hereby waive foritself,itssuccessorsand assignsforeverthe righttoprotestthe creationof
one ormore specialdistrictsorspecialimprovement districtsforthedesignand engineering,construction
and maintenance of following improvements:for streetand transportationimprovements including
design and engineering,paving and subsurface improvements,lighting,fiber optic conduit,
curb/gutter,sidewalk,storm drainage facilities,and other dry utilitiesfor the aforementioned
streetimprovements.
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
districtto be createdin response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includetheabove-describedproperty.
In theevent a specialdistrictor specialimprovement districtisnot utilizedforthe completion of
these improvements,the developer agrees to participatein an alternatefinancing method for the
completion of the improvements on a fairshare,proportionatebasisas determined by the City on the
basisof the square footage of property,taxablevaluationof the property,trafficcontributionfrom the
development or a combination thereof.Landowner understands and agrees thatthe City will choose
4840 FOWLER LANE Annexation Agreement,Application#22383 17
creationof a SID or specialdistrictor an alternativefinancing method for the completion of the
improvements and may use eitherfinancingoption atany 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.
4840 FOWLER LANE Annexation Agreement,Application#22383 18
DATED this1bay of A áq ,2023.
LANDOWNER
2B LDIN LLC,
B :Benjannn Nistler
Title:Manager
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this /Ú day of ,2023,be e,theundersigned,a Notary Public
forthe Stateof Montana,personallyappeared Seny.n <known to me to be the
landowner thatexecuted thisAgreement and acknowledged thisrecord.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealtheday and
year firstabove written.
(8F A Tl
AARON CLARK
NotaryPublic )oTAR/.fortheStateofMontana
.Residingat:
My commissin E es:ntname
August10,202e Notary Publicforthe Stateof Montana
Residing at
My Commission Expires:
(Use 4 digitsforexpirationyear)
4840 FOWLER LANE Annexation Agreement,Application#22383 19
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
4840 FOWLER LANE ANNEXATION
The undersigned owner of therealpropertysituatedinthe County of Gallatin,StateofMontana,
and more particularlydescribedas follows:
A Tractof land being Tract2 of COS 1996 locatedin theNorthwest One-Quarter of Section23,
Township 2 South,Range 5 East,P.M.M.,GallatinCounty,Montana,more particularlydescribed
as follows:
BEGINNING ata calculatedpositionon the Sectionlinebetween Sections22 &23
being the Southwest corner of saidTract2 from which an illegiblealuminum cap,the ¼corner
common to Sections22 &23 bears South 00°09'50"East a distanceof 1329.70 feet;
thence North 00°09'50"West along said Section Line a distanceof 664.85 feetto a calculated
position;thence leaving said SectionLine North 89°17'16"East a distanceof 1341.25 feetto a
5/8"x24"rebarwith 2"Alpine Aluminum Cap;
thence South 00°00'24"West a distanceof 668.78 feetto a 5/8"x24"rebar with 2"Alpine
Aluminum Cap;thence South 89°27'18"West a distance of 1339.22 feet to the Point of
Beginning,containing20.515 acresmore or less.
SUBJECT to alleasements ofrecordor apparentfrom visualinspectionof the property.
All as depictedon the4840 FOWLER LANE Annexation Map.
IN CONSIDERATION of receivingapproval forannexationof the subjectproperty
from the Cityof Bozeman,along with accompanying rightsand privilegesand forothergood
and valuableconsideration,the receiptof which ishereby acknowledged,and inrecognitionof
the intersectionimpacts to:
a.Intersectionimprovements at South 27th Avenue and West Graf Streetincluding lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
b.Intersectionimprovements at Fowler Lane and West Graf Street including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
c.Intersectionimprovements at West Graf Streetand South 19thAvenue including lighting,
4840 FOWLER LANE Annexation Agreement,Application#22383 20
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
d.Intersectionimprovements at Stucky Road and South 19*Avenue including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
e.Intersection improvements to Fowler Lane and Stucky Road including lighting,
signalization/channelization,paving curb/gutter,sidewalk,and storm drainage.
f.Intersectionimprovements to Fowler Lane and Blackwood Road including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
which willbe caused by the development of the above-describedproperty,the owner has waived and
does hereby waive foritself,itssuccessorsand assignsforevertherighttoprotestthe creationof one or
more specialdistrictsor specialimprovement districtsforthe design and engineering,constructionand
maintenance of followingimprovements:forstreetand transportationimprovements includinglighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
Landowner agrees the City has the sole rightto controlthe design and constructionof such
improvements and may include any of the above components and othersnecessary 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
districtto be createdin response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includethe above-describedproperty.
In the event a specialdistrictor specialimprovement districtisnot utilizedforthecompletion of
these improvements,the developer agrees to participatein an alternatefinancing method for the
completion of the improvements on a fairshare,proportionatebasis as determined by the City on the
basisof the square footage of property,taxablevaluationof the property,trafficcontributionfrom the
development or a combination thereof.Landowner understands and agrees thatthe City willchoose
4840 FOWLER LANE Annexation Agreement,Application#22383 21
creationof a SID or specialdistrictor an alternativefinancing method for the completion of the
improvements and may use eitherfinancingoption atany time.
This waiver ismade forthe benefitof thepropertydescribedhereinshallbe a covenant running
with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the
successors-in-interestand assignsof theLandowner.
4840 FOWLER LANE Annexation Agreement,Application#22383 22
DATED this /f day of ,2023.
LANDOWNER
2B LDI ,LLC,
B7':Benjarnin Nistler
Title:Manager
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this /í6 day of ,2023,be or me,the undersigned,a Notary Public
forthe Stateof Montana,personallyappeared ß,..5 ,known to me tobe
the landowner thatexecuted thewithin instrument,and acknowledged to me thatthey executedthe
same forand on behalfof landowner.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and
year firstabove written.
(SEAL)
,,,AARON CLARK.-·..4''g NotaryPublic
o fortheStateofMontana ()Printname
esidingat:Notary Public forthe Stateof Montana.SEAL Bozernan,Montana Residin at \My CommissionExpires:
°L August10,2026 My Commission Expires:\
(Use 4 digitsforexpirationyear)
4840 FOWLER LANE Annexation Agreement,Application#22383 23