HomeMy WebLinkAbout24 - Annexation & Lot Mergers - Marshall Bennett, Luzann Bennett, Richard Deming JulieB - BENNETT PROPERTIES ANNEXATION 2818395
Page: 1 of 26 01/09/2024 04 07.57 PM Fee: $C 8 00
Inter-office Ori iris alto: Eric Semerad - Gallatin County, MT
City of Bozeman IIIIII IN 111,1111,1111,11,111111111 III 11111IIIII 111111111 IN
City Clerk
PO Box 1230
Bozeman,MT 549771-1230
BENNETT PROPERTIES
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 8th day of November , 2023,
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 Marshall Bennett, C. Luzann
Bennett, 5532 Stucky Road,Bozeman,MT 59718 and Richard Deming and Julie Bennett, 83 Centennial
Trail,Bozeman, MT 59715 hereinafter referred to as "Landowners".
WITNESSETH:
WHEREAS,Landowners are owners in fee of tracts of certain real property,hereinafter referred
to as the BENNETT PROPERTIES ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised described as follows:
An area of land being Tract A, B, and C of C.O.S. 3098, located in Section 23, Township
2 South, Range 5 East, Principal Meridian Montana, Gallatin County and being further
described as follows:
Beginning at the One-Quarter Corner between Section 14 and Section 23, being a nail in
Stucky Rd; thence S 88°26'22" E, a distance of 32.86 feet,to a calculated position;
thence S 88°14'14" E,a distance of 521.59 feet,to a calculated position;
BENNETT PROPERTIES Annexation Agreement 1
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thence S 01°27'33" W, a distance of 1341.91 feet, to a Gaston YPC;
thence S 00°33'35" E, a distance of 1204.27 feet,to a 5/8"rebar;
thence S 26°05'50" W, a distance of 78.12 feet,to a 6" Dia. Fence Post;
thence S 04°33'47" W, a distance of 23.20 feet,to an Allied Alum. Cap;
thence N 88054'58" W, a distance of 563.01 feet,to an Allied Alum. Cap;
thence N 01°27'30" E, a distance of 280.46 feet,to an Allen Alum. Cap;
thence N 01°27'30" E, a distance of 415.87 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 173.39 feet,
a radius of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and
a chord length of 170.98 feet, to a 2" Dia. Alpine Alum Cap;
thence N 31°39'21" W, a distance of 101.25 feet,to a 2"Dia. Alpine Alum Cap;
thence along a curve concave to the east with an arc length of 173.39 feet, a radius of
300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and a chord
length of 170.98 feet,to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 189.86 feet,to a 2" Dia.Alpine Alum Cap;
thence N 01°27'30" E, a distance of 169.67 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the east with an are length of 173.39 feet, a radius of
300.00 feet, a delta angle of 33006'51", a chord bearing of N 18°00'55" E, and a chord
length of 170.98 feet,to a 2" Dia. Alpine Alum Cap;
thence N 34°34'21" E, a distance of 101.25 feet,to a 2"Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 74.00 feet,a radius of 300.00
feet, a delta angle of 14°07'58", a chord bearing of N 27°30'22" E, and a chord length of
73.81 feet,to a 2" Dia.Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 99.39 feet,
a radius of 300.00 feet, a delta angle of 18°58'53", a chord bearing of N 10°56'57" E, and
a chord length of 98.93 feet,to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 765.08 feet, the Point of Beginning.
Said area being 36.980 acres more or less, along with and subject to all easements of record or
apparent from a visual inspection of the property. All as depicted on the BENNETT
PROPERTIES Annexation Map.
WHEREAS,the Landowners petitioned the City for annexation to the City of said tract of land;
and
WHEREAS,the BENNETT 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
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WHEREAS, all parties recognize the annexation of the BENNETT PROPERTIES pursuant to
Section 7-2-4601,et seq., Mont. Code Ann. will allow the BENNETT 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 Landowners
can agree to the provisions of services to the area to be annexed; and
WHEREAS,the parties recognize additional development on the BENNETT 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 Landowners 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 BENNETT PROPERTIES; and
WHEREAS, the parties have determined that it is in the best interests of the City and
Landowners, 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
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The Landowners filed an application for annexation of the BENNETT PROPERTIES with the
City on December 14, 2022. By execution of this Agreement,the City manifests its intent to annex the
BENNETT 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 BENNETT PROPERTIES. Further, upon the
execution of this Agreement, the Landowners shall do all things required by this Agreement and all
things necessary and proper to aid and assist the City in carrying out the terms,conditions and provisions
of this Agreement and to effect the annexation of the BENNETT PROPERTIES.
3. Services Provided
The City will, upon annexation, make available to the BENNETT 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 BENNETT 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 BENNETT 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,
BENNETT PROPERTIES Annexation Agreement 4
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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 BENNETT PROPERTIES. Nothing in this Agreement shall
obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the
collection of sewage services to or within the BENNETT PROPERTIES to include, but not limited to,
any impact fees,hookup, connection, or development charges which may be established by the City.
6. Water and Sewer Connections
Landowner of Parcel B 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 of Parcel B 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 of Parcel B understands and agrees that if Landowner fails to properly abandon any existing
BENNETT PROPERTIES Annexation Agreement 5
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septic system and/or fails to disconnect any existing well from the domestic water piping as required
herein the City may upon ten days 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.
7. Water Rights
The Landowners specifically recognize and agree 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 Landowners acknowledge that the rates for cash
in-lieu of water rights may increase over time as established by Resolution of the City Commission. The
applicant must perform a water rights search to determine if any exist for this property. The Landowners
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
Landowners must pay cash in lieu of water rights, in an amount determined by the Director of Public
Service,prior to development.
8. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require the Landowners 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
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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 Landowners agree prior to development of the BENNETT
PROPERTIES to complete, at Landowners expense, the necessary system improvements to serve the
proposed development.
9. Future Development Limitations
The Landowners 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, Landowners
understand and agree Landowners have,either granted or implied, for them to further develop any of the
BENNETT 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 BENNETT PROPERTIES. Notice is thus provided to
the Landowners that prior to additional development of the property, the Landowners will be solely
responsible for installing, at Landowner's sole expense, any facilities or infrastructure required to
provide full municipal services to the BENNETT 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
Landowners understand and agree a Stormwater Master Plan for their Parcel(s)in the BENNETT
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,
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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 or development will be achieved by providing
spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing
calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The
plan must also locate and provide easements for adequate drainage ways within the BENNETT
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. Landowners recognize the
City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval
of development of the BENNETT PROPERTIES.
11. Waiver of Right-to-Protest Special Districts
A. Landowners 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 S. 27th Avenue between Stucky Road and West Graf Street including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Stucky Road between Fowler Lane and South 19th Avenue including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to West Graf Street between Fowler Lane to South 19th Avenue including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to Fowler Lane between West Graf Street and Stucky Road including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
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The Landowners agree 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. Landowners shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts or Special Districts for Intersection improvements including lighting, signalization and
channelization,paving, curb/gutter, sidewalk, and storm drainage for:
a. Intersection improvements at South 27th Ave and West Graft Street including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at Fowler Lane and West Graf Street including lighting,
signal ization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at West Graf Street and South 19th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Stucky Road and South 19th Avenue including lighting,
signal ization/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.
The Landowners agree 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. Landowners agree that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowners 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 of Parcel A understands and agrees that a public street and utility easement must
be provided at the time Landowners returns the signed annexation agreement for their respective portion
BENNETT PROPERTIES Annexation Agreement 9
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of West Stucky Road, which is classified as a Collector in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of(90) feet. The applicant must provide their
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 annexation area) as a public street and utility easement
where Fowler is adjacent to the subject property.
The Landowner of Parcel A, 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 Landowners further understand and agree that additional public street and utility easements
may be required for delivery of municipal services with future development and such easement shall be
provided at the Landowner's sole expense.
13. Street Improvements
The Landowners understand and agree that at the time of future development the portions of
Stucky Road,South 27th Avenue,West Graf Street and there related transportation infrastructure fronting
the BENNETT PROPERTIES must be improved to a City standard. The City may allow phasing of
street improvements coordinated with development areas.
Landowners shall provide a waiver of right to protest creation of a special improvement district
for Stucky Road, South 27th Avenue, West Graf Street, and Fowler Lane Improvement as required
pursuant to Section 11 of the annexation agreement. Any required right-of-way (ROW) or public street
and utility easement acquisition from offsite property owners is the applicant's responsibility.
14. Impact Fees
Landowners acknowledge 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 Landowners and its successors must pay:
BENNETT PROPERTIES Annexation Agreement 10
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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 Landowners or their successors pay for connection to the city's
water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal
Code, as amended, in effect at the time of application for a permit to connect. The amount of street or
fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal
Code, as amended, in effect at the time an application for building permit is submitted.
Landowners further understand and agree that any improvements, either on-site or off-site,
necessary to provide connection of the BENNETT PROPERTIES 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 Landowners default on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowners and
Landowner's/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.
BENNETT PROPERTIES Annexation Agreement 11
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15. Charges and Assessments
Landowners understand and agree that after this Agreement is recorded the BENNETT
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.
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 BENNETT 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.
BENNETT PROPERTIES Annexation Agreement 12
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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.
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 Landowners and/or Landowner's/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 BENNETT 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 Landowners affirm that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
BENNETT PROPERTIES Annexation Agreement 13
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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 8 day of November , 2023.
LANDOWNERS
&Z"& —
By: Marshall Bennett
Title: Owner
i
By: C.Lu nn Bennett
Title: Owner
STATE OF Montana )
:ss
COUNTY OF Gallatin )
On this 8 day of November , 2023, before me,the undersigned, a Notary Public
for the State of Montana ,personally appeared Marshall Bennett and C. Luzann Bennett,
known to me to be the Landowner's that executed the within instrument, and acknowledged to me that
they executed the same for and on behalf of Landowner's.
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) Nicole 9XIstensen
Nicole Christensen Notary Public for the State
`h"•' Residing at
°°�+�`"`�•'•. NOTARY PUBLIC for the g
SEAL STATE OF MONTANA My Commission Ex s:
Realdin at Boza nan,Montm
My own4wW Evkea (Use 4 digits for iration year)
BENNETT PROPERTIES Annexation Agreement 14
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DATED this 8 day of November , 2023.
LANDOWNERS
0- AJ.-,ALmzg
B . J lie Bennett
TitW qwner
By: Richard Deming
Title: Owner
STATE OF. Montana )
:ss
COUNTY OF Gallatin )
On this 8 day of November , 2023, before me, the undersigned, a Notary Public
for the State of Montana ,personally appeared Julie Bennett and Richard Deming, known
to me to be the Landowner's that executed the within instrument, and acknowledged to me that they
executed the same for and on behalf of Landowner's.
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) Nicole Christensen
Notary Public for the State of
,•�h��•,, Nicole Christensen Residing at
_`°°`""'�'•g NOTARY PUBLIC for the
SEAL * STATE OF MONTANA My Commission Expires:
Residing at Bozeman,Montana (Use 4 digits for expirati n year)
My Commission Expires
11/30/2026
BENNETT PROPERTIES Annexation Agreement 15
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CITY OF BOZEMAN
By• a ihelich, City Manager
ATTEST: OF
r.
0"Lmat&5
Mike Maas, City Clerk .,.� a,�
�••Ff,C'�`�E;
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN ) J _S_20 Zq
On this day of w , 202, , before me, a Notary Public for the state
of Montana, personally appeared Jeff A&lich and Mike Maas, known to me to the persons described
in and who executed the foregoing instrument as t�s �M�anager and City Clerk respectively, of
the City of Bozeman, whose names are subscribed td 0 e wrt'tn instrument and acknowledged to me
that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
(SEAL) 70 J�wq_6.c
(Printed Name Here)
Notary Publjc4or the State of Montana
Residing at
�- My Commission Expires: (- — L6-20z,S
e HUtiT�",,, JULIE HUNTER (Use 4 digits for expiration year)
p Notary Public
for the State of Montana
* * Residing at:
<� SEAL•Z�; Bozeman, Montana
My Commission Expires:
June 11,2025
BENNETT PROPERTIES Annexation Agreement 16
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BENNETT PROPERTIES ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
An area of land being Tract A, B & C of COS 3098, located in Section 23, Township 2
South, Range 5 East, Principal Meridian Montana, Gallatin County and being further
described as follows:
Beginning at the One-Quarter Corner between Section 14 and Section 23, being a nail in
Stucky Rd; thence S 88°26'22" E, a distance of 32.86 feet,to a calculated position;
thence S 88°14'14" E, a distance of 521.59 feet,to a calculated position;
thence S 01°27'33" W, a distance of 1341.91 feet,to a Gaston YPC;
thence S 00°33'35" E, a distance of 1204.27 feet,to a 5/8" rebar;
thence S 26°05'50" W, a distance of 78.12 feet,to a 6" Dia. Fence Post;
thence S 04°33'47" W, a distance of 23.20 feet,to an Allied Alum. Cap;
thence N 88°54'58" W, a distance of 563.01 feet,to an Allied Alum. Cap;
thence N 01°27'30" E, a distance of 280.46 feet,to an Allen Alum. Cap;
thence N 01°27'30" E, a distance of 415.87.feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 173.39 feet,
a radius of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and
a chord length of 170.98 feet,to a 2" Dia. Alpine Alum Cap;
thence N 31°39'21" W, a distance of 101.25 feet,to a 2" Dia.Alpine Alum Cap;
thence along a curve concave to the east with an are length of 173.39 feet, a radius of
300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and a chord
length of 170.98 feet, to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 189.86 feet,to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 169.67 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the east with an arc length of 173.39 feet, a radius of
300.00 feet, a delta angle of 33°06'51", a chord bearing of N 18°00'55" E, and a chord
length of 170.98 feet,to a 2" Dia.Alpine Alum Cap;
thence N 34°34'21" E, a distance of 101.25 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 74.00 feet,a radius of 300.00
feet, a delta angle of 14°07'58", a chord bearing of N 27°30'22" E, and a chord length of
73.81 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 99.39 feet,
a radius of 300.00 feet, a delta angle of 18°58'53", a chord bearing of N 10°56'57" E, and
a chord length of 98.93 feet,to a 2" Dia.Alpine Alum Cap;
thence N 01°27'30" E, a distance of 765.08 feet,the Point of Beginning.
BENNETT PROPERTIES Annexation Agreement 17
2818395 Page 18 of 26 01/09/2024 04.07.57 PM
Said area being 36.980 acres more or less, along with and subject to all easements of record or
apparent from a visual inspection of the property. All as depicted on the BENNETT
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 transportation
impacts to:
f. Street improvements to S.27th Avenue between Stucky Road and West Graf Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
g. Street improvements to Stucky Road between Fowler Lane and South 19th Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
h. Street improvements to West Graf Street between Fowler Lane to South 19th Avenue
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
i. Street improvements to Fowler Lane between West Graf Street and Stucky Road including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
which will be caused by the development of the above-described property,the owner has waived
and does hereby waive for itself, its successors and assigns forever the right to protest the creation of
one or more special 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.
Landowners agree 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
Landowners waive their right or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
BENNETT PROPERTIES Annexation Agreement 18
2818395 Page 19 of 26 01/09/2024 04.07.57 PM
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,
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 described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowners.
BENNETT PROPERTIES Annexation Agreement 19
2818395 Page 20 of 26 01/09/2024 04.07.57 PM
DATED this 8 day of November ,2023.
LANDOWNERS
By: Marshall Bennett
Title: Owner
By: C. Luz nn Bennett
Title: Own
STATE OF Montana )
:ss
COUNTY OF Gallatin )
On this 8 day of November , 2023, before me,the undersigned, a Notary Public
for the State of Montana , personally appeared Marshall Bennett and C. Luzann Bennett,
known to me to be the Landowner's that executed the within instrument, and acknowledged to me that
they executed the same for and on behalf of Landowner's.
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) Nico e ristensen
Notary Public for the State o
Residing at
Nicole Christensen M Commission Expire
.
NOTARY PUBLIC for the y p
* SEAL * R@STATE BF MONTMon�tana (Use 4 digits for expi tion year)
siding My Commission Expires
11/30/2026
BENNETT PROPERTIES Annexation Agreement 20
2818395 Page 21 of 26 01/09/2024 04.07.57 PM
DATED this 8 day of November , 2023.
LANDOWNERS
_aA�4
By J lie Bennett
Tit ner
By: Richard Deming
Title: Owner
STATE OF Montana )
:ss
COUNTY OF Gallatin )
On this 8 day of November , 2023, before me,the undersigned, a Notary Public
for the State of Montana ,personally appeared Julie Bennett and Richard Deming, known
to me to be the Landowner's that executed the within instrument, and acknowledged to me that they
executed the same for and on behalf of Landowner's.
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) Nicole Christensen
Notary Public for the State of
.e6ha Nicole Christensen Residing at
NOTARY PUBLIC for the
SEAL * STATE OF MONTANA My Commission Expires:
ResrdinQg at Bozeman,Montana (Use 4 digits for expirat' n year)
� OF►aP�' MY Commission Expires
11/30/2026
BENNETT PROPERTIES Annexation Agreement 21
2818395 Page 22 of 26 01/09/2024 04:07:57 PM
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BENNETT PROPERTIES
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
An area of land being Tract A; B & C of COS 3098, located in Section 23, Township 2
South, Range 5 East, Principal Meridian Montana, Gallatin County and being further
described as follows:
Beginning at the One-Quarter Corner between Section 14 and Section 23, being a nail in
Stucky Rd; thence S 88°26'22" E, a distance of 32.86 feet,to a calculated position;
thence S 88°14'14" E, a distance of 521.59 feet,to a calculated position;
thence S 01°27'33" W, a distance of 1341.91 feet,to a Gaston YPC;
thence S 00°33'35" E, a distance of 1204.27 feet,to a 5/8" rebar;
thence S 26°05'50" W, a distance of 78.12 feet,to a 6" Dia. Fence Post;
thence S 04°33'47" W, a distance of 23.20 feet,to an Allied Alum. Cap;
thence N 88°54'58" W, a distance of 563.01 feet,to an Allied Alum. Cap;
thence N 01°27'30" E, a distance of 280.46 feet,to an Allen Alum. Cap;
thence N 01°27'30" E, a distance of 415.87 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 173.39 feet,
a radius of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and
a chord length of 170.98 feet,to a 2" Dia. Alpine Alum Cap;
thence N 31°39'21" W, a distance of 101.25 feet,to a 2" Dia.Alpine Alum Cap;
thence along a curve concave to the east with an arc length of 173.39 feet, a radius of
300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and a chord
length of 170.98 feet, to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 189.86 feet,to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 169.67 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the east with an arc length of 173.39 feet, a radius of
300.00 feet, a delta angle of 33°06'51", a chord bearing of N 18°00'55" E, and a chord
length of 170.98 feet, to a 2" Dia. Alpine Alum Cap;
thence N 34°34'21" E, a distance of 101.25 feet,to a 2" Dia.Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 74.00 feet,a radius of 300.00
feet, a delta angle of 14°07'58", a chord bearing of N 27°30'22" E, and a chord length of
73.81 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 99.39 feet,
a radius of 300.00 feet, a delta angle of 18°58'53", a chord bearing of N 10°56'57" E, and
a chord length of 98.93 feet,to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 765.08 feet,the Point of Beginning.
BENNETT PROPERTIES Annexation Agreement 22
2818395 Page 23 of 26 01/09/2024 04:07:57 PM
Said area being 36.980 acres more or less, along with and subject to all easements of record or
apparent from a visual inspection of the property. All as depicted on the BENNETT
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:
a. Intersection improvements at South 27`h Ave and West Graft Street including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at Fowler Lane and West Graf Street including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at West Graf Street and South 191h Ave including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Stucky Road and South 19th 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.
which will be caused by the development of the above-described property,the owner has waived
and does hereby waive for itself, its successors and assigns forever the right to protest the creation of
one or more special improvement districts for the including lighting, signalization / channelization,
paving,curb/gutter,sidewalk, and storm drainage.
Landowners agree 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
Landowners waive their rights or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
BENNETT PROPERTIES Annexation Agreement 23
2818395 Page 24 of 26 01/09/2024 04.07.57 PM
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,
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 described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowners.
BENNETT PROPERTIES Annexation Agreement 24
2818395 Page 25 of 26 01/09/2024 04:07:57 PM
DATED this 8 day of November , 2023.
LANDOWNERS
By: Marshall Bennett
Title: Owner
By: . Luzan ennett
Title: Owner
STATE OF Montana )
:ss
COUNTY OF Gallatin )
On this 8 day of November , 2023, before me,the undersigned, a Notary Public
for the State of Montana , personally appeared Marshall Bennett and C. Luzann Bennett,
known to me to be the Landowner's that executed the within instrument, and acknowledged to me that
they executed the same for and on behalf of Landowner's.
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) tco a ris ensen
Notary Public for the State of
.o�"��•,a Nlcole ChristensenResiding at
NOTARY PUBLIC for the
* SEAL * STATE OF MONTANq My Commission Expires:
Residing at Bozeman,Montana (Use 4 digits for expirati year)
MY Commission Expires
11130/2026
BENNETT PROPERTIES Annexation Agreement 25
2818395 Page 26 of 26 01/09/2024 04:07.57 PM
DATED this 8 day of November , 2023.
LA OWNERS
By: u e Bennett
Titl er
y: Richard eming
Title: Owner
STATE OF Montana )
:ss
COUNTY OF Gallatin )
On this 8 day of November , 2023, before me,the undersigned,a Notary Public
for the State of Montana , personally appeared Julie Bennett and Richard Deming, known
to me to be the Landowner's that executed the within instrument, and acknowledged to me that they
executed the same for and on behalf of Landowner's.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
AA A&II
(Printed Name Here) tco a istensen
Notary Public for the State of
..�^��•. Nicole Christensen Residing at
:``�`""`�'•• NOTARY PUBLIC for the My Commission Expires:
* SEAL • STATE OF MONTANA (Use 4 digits for expir on year)
Rastdln at Bozeman,Montana
os„�+�"?' MY mmisston F.xpfres
- 11/3p/2026
BENNETT PROPERTIES Annexation Agreement 26