HomeMy WebLinkAbout22 - Annexation & Lot Mergers - West University, LLC - West University Properties Inter-office Original to:
City of Bozeman
City Clerk
1'0 Box 1230
Bozeman, wr 549771-1230
2793488
Page: I of 24 12/3012022 03:07:05 PM Fee: $192.00
Erie Semerad - Gallatin County, MT MISC
1IIIII]1 IIIIII III I111111111111111 I11111 IIII 1111111111111111111111111111111111111111111111111 IN
WEST UNIVERSITY PROPERTIES
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this �5 day of NJMCM&Y , 2022,
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 West University, LLC, 113 East
Oak Street, Suite 4A, Bozeman, MT 59715 hereinafter referred to as "Landowner". The effective date
of this Agreement shall be the date upon which the Bozeman City Commission adopts a resolution
creating the West University Properties and authorizing execution of this Agreement.
WITNESSETH :
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the WEST UNIVERSITY PROPERTIES ANNEXATION or `Property" situated in Gallatin
County, Montana, and more particularly described as follows:
An area of land comprised described as follows:
A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 191 B, excepting
out Lot 1 A of Minor Subdivision 503 A. located within the South East One Quarter of Section
14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County,
Montana, and more particularly described as follows:
W --ST UNIVF-RSI`l-Y PROPERTIES Annexation Agreement I
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Beginning at a point (P.O.B), which is the One Quarter Corner common to Section 14 and 23
and upon the centerline of West Stucky Road; thence, Leaving said centerline, N 01" 12' 35" E,
a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence, along
said Easement Line, S 88" 13' 47" E, a distance of 146.63 feet to a point; thence, Leaving said
Easement Line, N 01" 12' 35" E, a distance of 2298.03 feet to a point; thence, S 88" 55' 43" E,
a distance of 1323. 98 feet to a point; thence, S 09" 43' 14" W, a distance of 1032.74 feet to a
point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88' 33' 49" E, a
distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07"19' 59" W, a Distance
of 222.12 feet to a point; thence, S 28" 55' 08" W, a distance of 77.03 feet to a point; thence, S
46" 16' 01" W, a distance of 79.96 feet to a point; thence, S 00" 37' 20" W, a distance of 89. 39
feet to a point; thence, S 88" 37' 39" E, a distance of 566.00 feet to a pint on the West ROW of
South 19th avenue; thence, along said West ROW, S 01' 3S' 23" W, a distance of 893. 4S feet
to a point on said ROW, the intersection of the centerline of said West Stucky road and the line
common on to said sections 14 and 23; thence, leaving said ROW and continuing along said
section line and the centerline of said West Stucky road,N 88" 13' 47" W, a distance of 2496.12
feet to the P.O.B.
Said area being 4,166,466 square feet or 95.65 acres more or less, along with and subject to all
easements of record.
All as depicted on the WEST UNIVERSITY PROPERTIES Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES
pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the WEST UNIVERSITY
PROPERTIES 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
WEST UNIVERSITY PROPERTIES Annexation Agreement 2
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WHEREAS, the parties recognize additional development on the WEST UNIVERSITY
PROPERTIES 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 WEST UNIVERSITY PROPERTIES ; and
WHEREAS,the parties have determined that it is in the best interests of the City and Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
WITNESSETH :
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the WEST UNIVERSITY PROPERTIES
with the City on November 3, 2021. By execution of this Agreement, the City manifests its intent to
annex the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY
PROPERTIES. Further, upon the execution of this Agreement, the Landowner shall do all things
WEST UNIVERSITY PROPERTIES Annexation Agreement 3
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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 WEST
UNIVERSITY PROPERTIES.
3. Services Provided
The City will, upon annexation, make available to the WEST UNIVERSITY PROPERTIES
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 WEST UNIVERSITY PROPERTIES. 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 WEST UNIVERSITY PROPERTIES to include,
but not limited to, any impact fees, hook-up, connection, or development charges which have been or
may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the WEST UNIVERSITY PROPERTIES. Nothing in this Agreement
shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for
WEST UNIVERSITY PROPERTIES Annexation Agreement 4
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the collection of sewage services to or within the WEST UNIVERSITY PROPERTIES to include, but
not limited to, any impact fees, hookup, connection, or development charges which may be established
by the City.
b. Water and Sewer Connections
Landowner understands and agrees that 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 further understands and agrees that prior to connection to the City water and
sewer system, any 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 any sanitary sewer
line has been completely disconnected from any existing septic system prior to the Landowner
connecting the to the City sanitary sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to municipal domestic water piping. Certification that there is no physical
connection between any on-site well and a domestic water line coming from the City's water supply
must be provided. The City Water and Sewer Division may perform an inspection of the property and
certify that the disconnection of the well and septic system abandonment are properly completed.
Landowner understands and agrees that if Landowner fails to properly abandon any existing septic
system and/or fails to disconnect any 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.
WEST UNIVERSITY RSITY PROPERTIES Annexation Agreement 5
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7. Water Rights
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property in accordance
with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights
or cash-in-lieu thereof due at the time of further development or subdivision of the property will be
calculated 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
Landowner 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
that the City of Bozeman determines are useful for city purposes. If insufficient water rights exist, the
Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Utilities,
prior to development.
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 necessary 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 WEST UNIVERSITY
WEST UNTVI RSI"I'Y PROPERTIES Annexation Agreement 6
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PROPERTIES to complete, at Landowner's expense, the necessary system improvements to serve the
proposed development.
9. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees Landowner has no right, either granted or implied, for it to further develop any
of the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES.
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 WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY
PROPERTIES 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 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. 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,
WEST UNNTLRSITY PROPERTIES Annexation Agreement 7
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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 WEST UNIVERSITY
PROPERTIES to transport treated runoff to the stormwater receiving channel. The plan shall include
site grading and elevation information, typical stormwater detention/retention basin and discharge
structure details, basin sizing calculations,and stormwater maintenance plan. Landowner recognizes the
City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval
of development of the WEST UNIVERSITY PROPERTIES.
11. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts or Special Districts for street and transportation improvements including design and
engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage
facilities for:
a. Street improvements to West Lincoln Street between South 19`h Avenue and Fowler including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to West Kagy Blvd between South 19`h Avenue and South Fowler Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to West Stucky Road between South 19`h Avenue and South Fowler Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to West Graf Street between South 19`h Avenue and South Fowler Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Street improvements to South 19`h Road between West Lincoln Street and West Graf Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
f. Street improvements to South 271h Street between West Lincoln Street and West Graf Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
g. Street improvements to South Fowler between West Lincoln Street and West Graf Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
WEST UNTVE�RSITY PROPERTIES Annexation Agreement 8
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The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver is attached hereto
as Exhibit"A" and is hereby incorporated in and made a part of this Agreement.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts ("SID") or Special Districts for Intersection improvements including lighting, signalization and
channelization, paving, curb/gutter, sidewalk, and storm drainage for:
a. Intersection improvements at West Lincoln Street and South 19`h Avenue including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at West Lincoln Street and South 271h Avenue including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at West Lincoln Street and South Fowler Avenue including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at West Kagy Blvd and South 19`h Avenue including lighting,
signal i zati on/channel ization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at West Kagy Blvd and South 27`h Avenue including lighting,
signal i zati on/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f, Intersection improvements at West Kagy Blvd and South Fowler Avenue including lighting,
signal i zation/channel ization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Stucky Road and South 19`h Avenue including lighting,
signal i zation/channel i zation, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Stucky Road and South 271h Avenue including lighting,
signal ization/channel ization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements at Stucky Road and South Fowler Avenue including lighting,
signal i zation/channeli zati on, paving, curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements at West Graf Street and South 191h Avenue including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
k. Intersection improvements at West Graf Street and South 271h Avenue including lighting,
signal ization/channel ization, paving, curb/gutter, sidewalk, and storm drainage.
1. Intersection improvements at West Graf Street and South Fowler Avenue including lighting,
signal i zation/channel i zation, paving, curb/gutter, sidewalk, and storm drainage.
WIEST UNIVERS11Y PROPERTIES Annexation Agreement 9
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The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver is attached hereto
as Exhibit "B" and is hereby incorporated in and made a part of this Agreement.
C. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall participate in an
alternative 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.
12. Public Street and Utility Easements
The Landowner understands and agrees that a public street and utility easement must be provided
at the time Landowner returns the signed annexation agreement for the portion of West Kagy Boulevard
that is adjacent to its Property, which is classified as a Principal Arterial in the Bozeman Transportation
Master Plan (TMP), which has a minimum right-of-way ("ROW") width of one hundred twenty (120)
feet.
The Landowner must provide its respective West Kagy Boulevard ROW section from the
centerline of the existing ROW or the entire section (if the street section resides within the proposed
annexation area) as a public street and utility easement where West Kagy is adjacent to the Property.
The Landowner understands and agrees that a public street and utility easement must be provided
at the time Landowner returns the signed annexation agreement for its respective portion of West Stucky
Road, which is classified as a Collector in the Bozeman (TMP), which has a minimum ROW width of
ninety (90) feet. The applicant must provide its respective West Stucky Road ROW section from the
centerline of the existing ROW or the entire section (if the street section resides within the proposed
WEST UNWERSI'FY PROPERTIES Annexation Agreement 10
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annexation area)as a public street and utility easement where West Stucky Road is adjacent to the subject
property.
The Landowner, at its sole expense, has created such easements in a location and form agreeable
to the City and the easements will be filed at the Gallatin County Clerk and Recorder's Office. 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 in such event, the easement
shall be provided at the Landowner's sole expense.
13. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of
West Stucky Road and West Kagy Boulevard and its related transportation infrastructure fronting the
WEST UNIVERSITY PROPERTIES must be improved to a City standard. The City may allow phasing
of street improvements coordinated with development areas.
14. Impact Fees
Landowner acknowledges that annexation and development of their property will impact the
City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the
City, the Landowner and its successors must pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
time of issuance of a building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of a building permit.
C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time
of connection to city water services.
D) Sewer impact fees as required by Chpt. 2,Art. 6. Div. 9 BMC,or as amended, at the time
of connection to city sewer services.
The amount of impact fee the Landowner or its successors pay for connection to the city's water
and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code,
as amended, in effect at the time of application for a permit to connect. The amount of street or fire
WGS`I' UNIVERSITY PROPERTIES Annexation Agreement 1 I
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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.
Nothing in this Agreement shall be construed to abridge Landowners rights, under Chapter 2,
Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim or assert credits, exemptions
or refunds from the imposition of impact fees.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the WEST UNIVERSITY PROPERTIES to municipal services and
which are wholly attributable to the Property as determined exclusively by the city are considered
"project related improvements"as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code,
as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Developer of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable and City
shall have the right and privilege to take legal action against Landowners for the
collection of such sum, including the entry of any judgment. In addition, the City
may, at its option, enforce payment of such amount by levying an assessment on
the property.
B) Elect any other remedy available to City under the laws of the State of Montana.
15. Charles and Assessments
Landowner understands and agrees that after this Agreement is recorded the WEST
UNIVERSITY PROPERTIES will be subject to City charges and assessments for arterial and collector
streets, street maintenance, and tree maintenance on the same basis as all other properties in the City.
WEST UMVERSITY PROPERTIES Annexation Agreement 12
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16. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the WEST UNIVERSITY PROPERTIES. The parties
further agree that the City may file these documents at any time.
17. 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.
18. 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.
19. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, term or agreement shall be deemed waived by either party unless waived in writing.
20. 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.
WEST UNIVERSITY PROPERTIES Annexation Agreement 13
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21. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
22. 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.
23. 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.
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the WEST UNIVERSITY
PROPERTIES and shall be covenants running with the land and shall not expire at their deaths or upon
transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
WEST UNUVERSI'IY PROPERTIES Annexation Agreement 14
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
DATED this day of L6jt k'r , 20T)
NDO NER
Wes, U 't
ity, LLC
By: rryown
Title: Managing Member
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this - day of Qyatul. , 2022, before me, the undersigned, a Notary Public
for the State of Montana, perso Ily appeared Barry Brown, known to me to be the Managing Member
of West University, LLC and 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)
HANNAH N MITCHELL (Printed Name Here) JtA/M+fcke6l
+ N ��
Not"Publlc
Notary Public for the State of Montana
z • ; ` ''' '
eiaAr� , for tho State of Montana Residing at _Mun �u Mi—
_ Rosidinq at:
Ivltsr�hattan, Montana My Commission Expires: Maer r 8.095
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I'Ay Qxwnfssion Ex;*ev. (Use 4 digits for expiration year)
Minch 1,2025
WES'F UNIVERSI"I'Y PROPERTIES Annexation Agreement 15
2793488 Page 16 of 24 1 2/30/2022 03:07-.05 PM
CITY OF BOZEMAN
B ihelich, City Manager
r
�0�
ATTEST:
Mike Maas, City Clerk rN co. r
STATE OF MONTANA }
:ss
COUNTY OF GALLATIN )
On this�W day of OOVQ,YY1 be'K , 2022, before me, a Notary Public for the state
of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described
in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of
the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me
that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written. ov,
(SEAL) �—im &loav
, ` 1 V-'r
(Printed ame Here)
TAYLO7aub
BERS Notary Public for the State of Montana
�O . Me' Noc Residing at Q,
��.Np�AR�q� 9�, tor the Sontana g i J�:-
# Re : My Commission Expires: 0 Zp2�9.SEAL. � Bozemtana (Use 4 digits for expiration year)
• My Commission Expires:
January 12, 2025
WEST UNTVI RSITY PROPERTIES Annexation Agreement 16
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WEST UNIVERSITY PROPERTIES ANNEXATION
The undersigned owner ("Landowner") of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 191 B, excepting
out Lot 1 A of Minor Subdivision 503 A, located within the South East One Quarter of Section
14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County,
Montana, and more particularly described as follows:
Beginning at a point (P.O.B), which is the One Quarter Corner common to Section s 14 and 23
and upon the centerline of West Stucky Road; thence, Leaving said centerline,N 01" 12' 35" E,
a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence,along
said Easement Line, S 88" 13' 47" E, a distance of 146.63 feet to a point; thence, Leaving said
Easement Line, N 01" 12' 35" E, a distance of 2298.03 feet to a point; thence, S 88" 55' 43" E,
a distance of 1323. 98 feet to a point; thence, S 09" 43' 14" W, a distance of 1032.74 feet to a
point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88' 33' 49" E, a
distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07"19' 59" W, a Distance
of 222.12 feet to a point; thence, S 28" 55' 08" W, a distance of 77.03 feet to a point; thence, S
46" 16 01" W, a distance of 79.96 feet to a point; thence, S 00" 37' 20" W, a distance of 89. 39
feet to a point; thence, S 88" 37' 39" E, a distance of 566.00 feet to a pint on the West ROW of
South 19th avenue; thence, along said West ROW, S 01' 3S' 23" W, a distance of 893. 4S feet
to a point on said ROW, the intersection of the centerline of said West Stucky road and the line
common on to said sections 14 and 23; thence, leaving said ROW and continuing along said
section line and the centerline of said West Stucky road,N 88" 13' 47" W, a distance of 2496.12
feet to the P.O.B.
Said area being 4,166, 466 square feet or 95.65 acres more or less, along with and subject to all
easements of record. ("Property")
All as depicted on the WEST UNIVERSITY PROPERTIES Annexation Map.
IN CONSIDERATION of receiving approval for annexation of the 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 transportation impacts to:
a. Street improvements to West Lincoln Street between South 191' Avenue and Fowler
WEST UNIVERSITY PROPERTIES Annexation Agreement 17
2793488 Page 18 of 24 1 2/30/2022 03:07:05 PM
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to West Kagy Blvd between South 19'h Avenue and South Fowler
Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to West Stucky Road between South 19'h Avenue and South Fowler
Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to West Graf Street between South 19`h Avenue and South Fowler
Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Street improvements to South 19'h Road between West Lincoln Street and West Graf Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
f. Street improvements to South 271h Street between West Lincoln Street and West Graf Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
g. Street improvements to South Fowler between West Lincoln Street and West Graf Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
which will be caused by the development of the above-described Property, the Landowner has
waived and does hereby waive for itself,its successors and assigns forever the right to protest the creation
of one or more special improvement districts for the design and engineering, construction and
maintenance of following improvements: for street and transportation improvements including design
and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater
drainage facilities, broadband,and other dry utilities for the aforementioned street improvements.
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 ("SID") which would include the Property.
In the event a SID is not utilized for the completion of these improvements, the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
WEST UNTV17RSITY PROPERTIES Annexation Agrecmcnt 18
2793488 Page 19 of 24 1 2/30/2022 03:07:05 PM
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.
This waiver is made for the benefit of the Property and 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.
WEST UNIVERSITY PROPERTIES Annexation Agreement 19
2793488 Page 20 of 24 1 2/30/2022 03:07:05 PM
DATED this 0 day of
L DOWN
Wet nivt
LC
By: B ryo
Title: anaging Member
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this J! day of , 2022, before me, the undersigned, a Notary Public
for the State of Montana, pers nally appeared Barry Brown known to me to be the Managing Member
of West University, LLC and the landowner that executed the within instrument, and acknowledged to
me that he executed the same for and on behalf of Landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
HANNA!-i N MITCHELL (Printed Name ere) �nj%"f4 M1� t 11
,•>"N N Mir'•,
Notary Public Notary Public for the State of Montana
= NOTARegi r:for the State of Montana Residing at M aN _
u-.SEAL.=P= ManRattanl Montana MY Commission Expires: M4r�h
°, My commission Expires: (Use 4 digits for expiration year)
March 1,W25
WEST UNIVERSITY PROPERTIES Annexation Agreement 20
2793488 Page 21 of 24 1 2/30/2022 03:07:05 PM
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WEST UNIVERSITY PROPERTIES
The undersigned owner ("Landowner") of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 1 91 B, excepting
out Lot 1 A of Minor Subdivision 503 A, located within the South East One Quarter of Section
14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County,
Montana, and more particularly described as follows:
Beginning at a point (P.O.B), which is the One Quarter Corner common to Section s 14 and 23
and upon the centerline of West Stucky Road; thence, Leaving said centerline,N 01" 12' 35" E,
a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence, along
said Easement Line, S 88" 13' 47" E, a distance of 146.63 feet to a point; thence, Leaving said
Easement Line, N 01" 12' 35" E, a distance of 2298.03 feet to a point; thence, S 88" 55' 43" E,
a distance of 1323. 98 feet to a point; thence, S 09" 43' 14" W, a distance of 1032.74 feet to a
point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88' 33' 49" E, a
distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07"19' 59" W, a Distance
of 222.12 feet to a point; thence, S 28" 55' 08" W, a distance of 77.03 feet to a point; thence, S
46" 16 01" W, a distance of 79.96 feet to a point; thence, S 00" 37' 20" W, a distance of 89. 39
feet to a point; thence, S 88" 37' 39" E, a distance of 566.00 feet to a pint on the West ROW of
South 19th avenue; thence, along said West ROW, S 01' 3S' 23" W, a distance of 893. 4S feet
to a point on said ROW, the intersection of the centerline of said West Stucky road and the line
common on to said sections 14 and 23; thence, leaving said ROW and continuing along said
section line and the centerline of said West Stucky road, N 88" 13' 47" W, a distance of 2496.12
feet to the P.Q.B.
Said area being 4,166, 466 square feet or 95.65 acres more or less, along with and subject to all
easements of record. ("Property")
All as depicted on the WEST UNIVERSITY PROPERTIES Annexation Map.
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 intersection
impacts to:
WEST UNIVERSITY PROPERTIES Annexation Agreement 21
2793488 Page 22 of 24 1 2/30/2022 03:07:05 PM
a. Intersection improvements at West Lincoln Street and South 19`h Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at West Lincoln Street and South 271h Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at West Lincoln Street and South Fowler Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at West Kagy Blvd and South 19`h Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at West Kagy Blvd and South 27`h Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at West Kagy Blvd and South Fowler Avenue including
lighting, signal ization/charinelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Stucky Road and South 19`h Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Stucky Road and South 27`h Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements at Stucky Road and South Fowler Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements at West Graf Street and South 191h Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
k. Intersection improvements at West Graf Street and South 271h Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
1. Intersection improvements at West Graf Street and South Fowler Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
which will be caused by the development of the Property, the Landowner has waived and does
hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more
special improvement districts for the including lighting, signalization / channelization, paving,
curb/gutter, sidewalk, and storm drainage.
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right or to make any written protest against the size or area or creation of the
W17-ST UNf LRSITY PROPERTIES Annexation Agreement 22
2793488 Page 23 of 24 1 2/30/2022 03:07:05 PM
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the Property.
In the event a SID is not utilized for the completion of these improvements,the Landowner 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 the Property, taxable
valuation of the Property, traffic contribution from the development or a combination thereof.
This waiver is made for the benefit of the Property and 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.
WEST UNWERSI"ITY PROPERTIES Annexation Agreement 23
2793488 Page 24 of 24 1 2/30/2022 03:07:05 PM
DATED this M day of &y3�- , 2022.
LA DO ER
Wes nrsi , LLC
By: rryn
Title: o•►-�o•6t� ��
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this I day of A 2022, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Barry Brown known to me to be the Managing Member
of West University, LLC and the Landowner that executed the within instrument, and acknowledged to
me that he executed the same for and on behalf of Landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
(Printed Name Here) nna� 11/Mifche(l
HANNAH iTCHELL Notary Public for the State of Montana
Cy t Notary Public
0DIARIA( for the state of Montana Residing at MT
SEAL,' `_ Residing at: My Commission Expires: ir►1uf95
P2� Manhattan, Montana (Use 4 digits for expiration year)
,'FpF My Commission Expires:
March 1,2025
WEST LTNIVERSFN PROPERTIES Annexation Agreement 24