HomeMy WebLinkAbout24 - Annexation & Lot Mergers - True North Partners, LLC - BAXTER 80 ANNEXATION Inter-office Originalto: 2831896
City of Bozeman Page: 1 of 22 08/14/2024 12:09:16 PM Fee: $176.00
City Clerk Eric Semerad - Gallatin County, MT MISC
PO Box 1230 IIIIIII 111 11111 11111 11111 1111 I���
Bozeman,MT 549771-1230
BAXTER 80
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this _ day of (YMOL
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 True
North Partners, LLC, 60 Aajker Creek, Bozeman, MT 59901, hereinafter referred to as
"Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the BAXTER 80 ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised described as follows:
Tract 4 of Certificate of Survey 2552, located in the Northwest Quarter of Section
4, Township 2 South, Range 5 East, and the South 50 feet of Tract 4 of Certificate
of Survey 2672A, being the north 50 feet of the Baxter Lane right-of-way, located
in the Southwest Quarter of Section 33, Township 1 South, Range 5 East, Principal
Meridian, Montana, Gallatin County, Montana, more particularly described as
follows:
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Beginning at the quarter corner of Sections 4, township 2 south, range 5 east, and
section 33, township 1 south, range 5 east, monumented with an aluminum cap on
a 5/8-inch rebar in the centerline of the 100-foot right-of-way of Baxter Lane;
thence SO°39'55"W 2640.33 feet along the east line of tract 4 of Certificate of
Survey 2552 and the centerline of the 90-foot wide right-of-way of laurel parkway
to the southeast corner of said tract 4 in the centerline of the 125-foot right-of-way
of West Oak Street;
thence S89018'29"W 1332.34 feet along the north line of Laurel Glen Subdivision
Phase 2 and the centerline of West Oak Street to the southeast corner of Tract 3 of
said COS 2552;
thence NO°45'29"E 2646.92 feet along the east lines of Tract 2 and Tract 3 of said
COS 2552 to the northeast corner of said Tract 2;
thence NO°45'29"e 50.00 feet along the west line of Tract 4 of COS 2672A to the
north right-of-way line of Baxter Lane;
thence N89°35'15"E 1327.92 feet along said north right-of-way line to the east
line of said Tract 4 of Certificate of Survey 2672A;
thence SO°39'55"W 50.00 feet along said east line to the point of beginning,
containing 82.042 acres.
SUBJECT to all easements of record or apparent from visual inspection of the
property.
All as depicted on the BAXTER 80 Annexation Map.
WHEREAS,the Landowner petitioned the City for annexation to the City of the BAXTER
80 ANNEXATION; and
WHEREAS, the BAXTER 80 ANNEXATION is not within the corporate limits of the
City or other municipality and may therefore be annexed to the City in accordance with the
provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the BAXTER 80 ANNEXATION
pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BAXTER 80
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ANNEXATION to connect to and utilize City services, including municipal water and sewer
service, parks and recreation, fire and police services, and the City's transportation system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and
landowner can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the BAXTER 80
ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and
that future improvements may require additional public infrastructure street improvements
including transportation for traffic circulation and the provisions of parks, recreation, police, and
fire services; and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory
and dependable water supply and sewer supply or service, and provide transportation, parks,
recreation, police and fire service for development of the BAXTER 80 ANNEXATION; and
WHEREAS, the parties have determined that it is in the best interests of the City and
Landowner, and in furtherance of the public health, safety and welfare of the community to enter
into and implement this Agreement.
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.
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2. Annexation
The Landowner filed an application for annexation of the BAXTER 80 ANNEXATION
with the City on February 27, 2024. By execution of this Agreement, the City manifests its intent
to annex the BAXTER 80 ANNEXATION tract pursuant to the terms and conditions of this
Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City
shall, upon execution of this Agreement, adopt a Resolution of Annexation of the BAXTER 80
ANNEXATION. Further,upon the execution of this Agreement,the Landowner shall do all things
required by this Agreement and all things necessary and proper to aid and assist the City in carrying
out the terms, conditions and provisions of this Agreement and to effect the annexation of the
BAXTER 80 ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the BAXTER 80 ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this agreement shall be the service which
is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as
amended, as well as any other terms and conditions which apply to the City's provision of
municipal water service but does not include the extension of lines or construction of necessary
improvements at any cost to the City for delivery of water to and within the BAXTER 80
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construction, and other costs for the delivery of water to or within the
BAXTER 80 ANNEXATION to include, but not limited to, any impact fees, hook-up, connection,
or development charges which have been or may be established by the City.
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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 BAXTER 80 ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the collection of sewage services to or within the BAXTER 80
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or
development charges which may be established by the City.
6. Water Rights
The Landowner specifically recognizes and agrees the Landowner must provide water
rights or cash in-lieu of water rights upon further development or subdivision of the property in
accordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate the
amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision
of the property based on the annual demand for volume of water the development will require
multiplied by the most current annual unit price in effect on the date the water rights are transferred
or payment-in-lieu of water rights is to be made to the City. As such,the Landowner acknowledges
that the rates for cash in-lieu of water rights may increase over time as established by Resolution
of the City Commission. The applicant must perform a water rights search to determine if any exist
for this property. The Landowner must transfer any water rights that exist for this property to the
City of Bozeman prior to development that the City of Bozeman determines are useful for City
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purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in
an amount determined by the Director of Public Utilities, prior to development.
7. Comprehensive Water and Wastewater Design Report
Prior to future development of the property the City may require the Landowner to have
prepared by a Professional Engineer, at Landowner's sole expense, a comprehensive design report
evaluating existing capacity of sewer and water utilities in the area. The report must include
hydraulic evaluations of each utility for both existing and post-development demands, and the
report findings must demonstrate adequate capacity to serve the full development of the land. If
adequate infrastructure capacity is not available for the proposed development, the report must
identify water or wastewater system improvements necessary for the proposed development. If
improvements to this water or wastewater system are necessary, the Landowner agrees prior to
development of the BAXTER 80 ANNEXATION to complete, at Landowner's expense, the
necessary system improvements to serve the proposed development.
8. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full
municipal services to the property in accordance with the City's Infrastructure Master Plans and
all City regulations, policies and guidelines that may be in effect at the time of any future
development. Thus,Landowner understands and agrees Landowner has no right, either granted or
implied,for it to further develop any of the BAXTER 80 ANNEXATION until it is verified by the
City that the necessary municipal services, including but not limited to police and fire protection,
parks and recreation, transportation, and sewer and water capacity, are available to all or a portion
of the BAXTER 80 ANNEXATION. Notice is thus provided to the Landowner that prior to
additional development of the property, the Landowner will be solely responsible for installing, at
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Landowner's sole expense, any facilities or infrastructure required to provide full municipal
services to the BAXTER 80 ANNEXATION in accordance with the City's infrastructure plans,
adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines
that may be in effect at the time of development.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the BAXTER 80
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from
the runoff from public streets and other impermeable surfaces may be required to be provided to
and approved by the City Engineer at the time of any future development. The plan must
demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and
all future lots will be achieved by providing spot elevations, flow direction arrows, detention
and/or retention basin details(including basin sizing calculations and basin typical sections), outlet
structure details, and culvert capacity calculations. The plan must also locate and provide
easements for adequate drainage ways within the BAXTER 80 ANNEXATION to transport
treated runoff to the stormwater receiving channel. The plan shall include site grading and
elevation information,typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may
require such Stormwater Master Plan to be implemented in all or part as a condition of approval
of development of the BAXTER 80 ANNEXATION.
10. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts
(SID) or Special Improvement Districts for street and transportation improvements including
design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and
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stormwater drainage facilities, and fiber optic conduit for the following streets identified by the
Development Review Committee for:
a. Street improvements to Baxter Lane from Rosa Way to Gooch Hill Rd including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Laurel Parkway from Baxter Lane to W Oak St including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Gooch Hill Rd from Baxter Lane to W Oak St including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to W Oak Street from Gooch Hill Rd to Rosa Way including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment
of construction and maintenance costs for such improvements. The waiver is attached hereto as
Exhibit"A" and is hereby incorporated in and made a part of this Agreement.
B. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts("SID")or Special Districts for the following Intersection improvements identified by the
Development Review Committee including lighting, signalization and channelization, paving,
curb/gutter, sidewalk, and storm drainage for:
a. Intersection improvements at Gooch Hill Rd and Baxter Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at Baxter Lane and Laurel Parkway including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at W Oak Street and Gooch Hill Rd including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at W Oak St and Laurel Parkway including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment
of construction and maintenance costs for such improvements. The waiver is attached hereto as
Exhibit"B" and is hereby incorporated in and made a part of this Agreement.
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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.
C. Landowner agrees that in the event a special district or an SID is not utilized for the
completion of these improvements as described in subsection A above, the Landowner shall
participate in an alternative financing method for the completion of the improvements on a fair
share, proportionate basis as determined by the City on the basis of the square footage of property,
taxable valuation of the property, traffic contribution from the development or a combination
thereof.
D. Landowner understands and agrees that the City will choose creation of a SID or
special district or an alternative financing method for the completion of the improvements and may
use either financing option at any time.
11. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement must be
provided for delivery of municipal service with future development and such easement shall be
provided at the Landowner's sole expense.
A right of way for Laurel Parkway, classified as a Collector in the Bozeman Transportation
Master Plan (TMP), has a minimum right-of-way ROW width of 90 feet. The applicant must
provide their respective Laurel Parkway ROW where Laurel parkway is adjacent to or crosses the
property prior to the adoption of Resolution of Annexation. The Landowner understands and
agrees that a public street and utility easement must be provided concurrent with signature of this
agreement for Laurel Parkway is adjacent to or crosses the BAXTER 80 ANNEXATION to
include half of the 90-foot required right of way for a collector adjacent to the BAXTER 80
ANNEXATION. The Landowner, at its sole expense,has created such easements in a location and
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form agreeable to the City and the easement will be filed at the Gallatin County Cleric and
Recorder's Office. A public street and utility easement must be provided prior to the adoption of
Resolution of Annexation.
A right of way for West Oak Street, classified as a Minor Arterial in the Bozeman
Transportation Master Plan (TMP), has a minimum right-of-way ROW width of 100 feet. The
applicant must provide their respective Laurel Parkway ROW where Laurel parkway is adjacent
to or crosses the property prior to the adoption of Resolution of Annexation. The Landowner
understands and agrees that a public street and utility easement must be provided concurrent with
signature of this agreement for West Oak Street is adjacent to or crosses the BAXTER 80
ANNEXATION to include half of the 100-foot required right of way for a collector adjacent to
the BAXTER 80 ANNEXATION. The Landowner,at its sole expense,has created such easements
in a location and form agreeable to the City and the easement will be filed at the Gallatin County
Clerk and Recorder's Office. A public street and utility easement must be provided prior to the
adoption of Resolution of Annexation.
The Landowner understands and agrees that a public street and utility easement must be
provided for delivery of municipal service with future development and such easement shall be
provided at the Landowner's sole expense.
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.
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12. Street Improvements
The Landowner understands and agrees that at the time of future development the portion
of the BAXTER 80 ANNEXATION and its related transportation infrastructure fronting the
BAXTER 80 ANNEXATION this property must be improved to a City standard at Landowner's
expense.
13. Impact Fees
Landowner acknowledges that annexation and development of their property will impact
the City's existing street, water and sewer infrastructure, and the City's fire service. As approved
by the City, the Landowner and its successors must pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of a building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC,
or as amended, at time of issuance of a building permit.
C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
the time of connection to city water services.
D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
the time of connection to city sewer services.
The amount of impact fee the Landowner or its successors pay for connection to the city's
water and sewer services, if any, shall be calculated based on the provisions of the Bozeman
Municipal Code, as amended, in effect at the time of application for a permit to connect. The
amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions
of the Bozeman Municipal Code, as amended, in effect at the time an application for building
permit is submitted.
Landowner further understands and agrees that any improvements, either on-site or off-
site, necessary to provide connection of the BAXTER 80 ANNEXATION municipal services and
which are wholly attributable to the property as determined exclusively by the City are considered
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"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.
14. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the BAXTER 80
ANNEXATION will be subject to City assessments for arterial and collector streets, street
maintenance, and tree maintenance on the same basis as all other properties in the City.
15. 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 BAXTER 80 ANNEXATION. The
parties further agree that the City may file these documents at any time.
16. 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.
17. Attorney's Fees
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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.
18. 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.
19. 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.
20. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
21. No Assienment
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.
22. 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.
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23. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BAXTER 80
ANNEXATION 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.
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the
day and year first above written.
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LANDOWNER
• d
True Nortfi Partners,LLC
By: Tracy Poole
Title: Owner
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this �z"R day of , 2024, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared_Tracy Poole known to me to be the
_Owner of True North Partners,LLC, known to me to be the landowner that executed the
within instrument, and acknowledged to me that they executed the same for and on behalf of
landowner,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) bZ
. „ a+� (Prin ed Name Her )
/ Mp TAR�A NOTARY PUBLIC for the Notary Public for the State of
/ STATE OF MONTANA
`SEAL f Residing athtQmc� VXV
Bozeman,MT
y,+;•••_..••.'. My Commission Ex Tres � '
September21 z0 My Commission Expires: al ana
(Use 4 digits for expiration year)
BAXTER 80 Annexation Agreement, Application 23208 15
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CITY OF BOZEMAN
By: Chuck Winn,Interim City Manager
ATTEST:
t,6tkjMs
Riv*M810City Clerk
AA,, STATE OF MONTANA )
6 :ss
COUNTY OF GALLATIN )
On this e0 day of 2024, before me, a Notary Public for the
state of Montana, personally appe ed Chuck Winn 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.
(SEAL)
C.
(Printed Name Here)
Notary Public for the State of Montana
,, e Huyl<;, JULIE HUNTER g
F < Residin at
�•pTAq�.�� <. Notary Public
a '• =,for the state of Montana My Commission Expires: O(j —LL �ZS
uj'.SEAL..' i3ozemain� Montana (Use 4 digits for expiration year)
9�• P�,
o�nno MY Commission Expires:
June 11,2025
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICTS OR SPECIAL IMPROVEMENT DISTRICTS
BAXTER 80 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Tract 4 of Certificate of Survey 2552, located in the Northwest Quarter of Section 4,
Township 2 South, Range 5 East, and the South 50 feet of Tract 4 of Certificate of Survey
2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the Southwest
Quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana,
Gallatin County, Montana.
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:
a. Street improvements to Baxter Lane from Rosa Way to Gooch Hill Rd including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Laurel Parkway from Baxter Lane to W Oak St including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Gooch Hill Rd from Baxter Lane to W Oak St including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to W Oak Street from Gooch Hill Rd to Rosa Way including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
For 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
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improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
In the event a special district or special improvement district is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof. Landowner understands and agrees that the City will choose
creation of a SID or special district or an alternative financing method for the completion of the
improvements and may use either financing option at any time.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
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DATED this�day of 2024.
LANDOWNER
True North artner, LLC
By: Tracy Poole
Title: Owner
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of , 2024, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared_Tracy Poole known to me to be the_Owner_of True
North Partners,LLC, known to me to be the landowner that executed the within instrument, and
acknowledged to me that they executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
c s (Pri Name Here)
Rai Y 'a
NOTARY I Ic for the Notary Public for the State of �
`'SEAL ) STATE OF MONTANq
f / Bozeman,MT Residing at
o„�O My Commission Expires
September21,2024 My Commission Expires: a1
(Use 4 digits for expiration year)
BAXTER 80 Annexation Agreement, Application 23208 19
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EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL L%IPROVEMENT DISTRICTS
BAXTER 80 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Tract 4 of Certificate of Survey 2552, located in the Northwest Quarter of Section 4,
Township 2 South, Range 5 East, and the South 50 feet of Tract 4 of Certificate of Survey
2672A, being the north 50 feet of the Baxter Lane right-of-way, located in the Southwest
Quarter of Section 33, Township 1 South, Range 5 East, Principal Meridian, Montana,
Gallatin County, Montana.
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 Gooch Hill Rd and Baxter Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at Baxter Lane and Laurel Parkway including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at W Oak Street and Gooch Hill Rd including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at W Oak St and Laurel Parkway 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 these intersections including lighting, signalization /
channelization, paving, curb/gutter, sidewalk, and storm drainage.
BAXTER 80 Annexation Agreement, Application 23208 20
2831896 Page 21 of 22 08/14/2024 12.09.16 PM
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
In the event a special district or special improvement district is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of the improvements on a fair share, proportionate basis as determined by the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof. Landowner understands and agrees that the City will choose
creation of a SID or special district or an alternative financing method for the completion of the
improvements and may use either financing option at any time.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
BAXTER 80 Annexation Agreement, Application 23208 21
2831896 Page 22 of 22 08/14/2024 12:0916 PM
DATED this n day ofWWI 12024.
LANDOWNER
True North a tners,LLC
By: Tracy Poole
Title: Owner
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of , 2024, before me, the undersigned, a Notary Public
for the State of Montana, personally appear d_Tracy Poole_, known to me to be the_Owner_of True
North Partners, LLC, known to me to be the landowner that executed the within instrument, and
acknowledged to me that they executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
Iffi y 506 je (Printed Name Here)
No, q NOTARY i�UBLIC for ih® Notary Public for the State of
i 5 E AL STATE OF MONTANA
\\ , Bozeman,MT Residing at
My commission Expires
Septernwr21,2074 My Commission Expires: -1c al-k
(Use 4 digits for expiration year)
BAXTER 80 Annexation Agreement, Application 23208 22