HomeMy WebLinkAbout26 - Annexation & Lot Mergers - Lincoln Street MGME, LLC - 1519 Alder Court Lane2869390
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Inter-officeOriginalto:
CityofBozeman
CityClerk
PO Box1230
Bozeman,MT 549771-1230
1519ALDERCOURTLANE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered intothis day of 0-k^,2025,by
and between the CITY OF BOZEMAN,a self-governingmunicipal corporation organized and
existingunder itsCharter and the laws of the State of Montana with officesat 121 N.Rouse
Avenue,Bozeman,Montana 59771-0640,hereinafterreferredto as "City",and Lincoln Street
MGME,LLC,3400 Lower River Road,Great Falls,MT 59405,hereinafter referred to as
"Landowner".
W IT N E S S E T H:
WHEREAS,Landowner is owner in fee of a tractof certain real property,hereinafter
referredto as the 1519 ALDER COURT LANE ANNEXATION situatedinGallatinCounty,Montana,
and more particularlydescribed as follows:
An area ofland comprised described as follows:
A tractofland knows as Lot25 ofBeatty'sAlder Court Subdivision(PlatE-46)
Section 13,TO2,RO5E in GallatinCounty,Montana,more particularlydescribed as
follows:
Beginning atthe northeast corner of Lot 25,
Said pointbeing marked by a 5/8"rebarwithyellow plasticcap;
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Thence alongthe northboundary ofsaid Lot25,N 89°06'33"W fora distance of 131.57
feetto the northwest corner;
Thence alongthe west boundary,01°29'40"W fora distanceof100.00 feettothe south
west corner,
Thence along the south boundary,S 89°06'33"E fora distance of 132.36 feetto the
south east corner,
Thence along the east boundary,N 01°02'33"E fora distance of 100.00 feetto the
Pointof Beginning.
Said tractcontains 0.303 acres more or lessand issubject to alleasements,rights-of-
way and restrictionsof record.
Allas depicted on the 1519 Alder Court Lane Annexation Map.
SUBJECT to alleasements ofrecord orapparent from visualinspectionofthe property.
WHEREAS,the Landowner petitionedthe Cityforannexation to the Cityofthe 1519 ALDER
COURT LANE ANNEXATION;and
WHEREAS,the 1519 ALDER COURT LANE ANNEXATION isnot withinthe corporate limits
ofthe Cityor other municipalityand may thereforebe annexed to the Cityinaccordance with the
provisionsofthisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and
WHEREAS,all parties recognize the annexation of the 1519 ALDER COURT LANE
ANNEXATION pursuant to Section 7-2-4601,et seq.,Mont.Code Ann.willallow the 1519 ALDER
COURT LANE ANNEXATION toconnect to and utilizeCityservices,includingmunicipal water and
sewer service,parks and recreation,fireand police services,and the City'stransportation
system;and
WHEREAS,Section 7-2-4610,Mont.Code Ann.provides that a municipality and
landowner can agree to the provisionsofservicestothe area to be annexed;and
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WHEREAS,the partiesrecognizeadditionaldevelopment on the 1519 ALDER COURT LANE
ANNEXATION willimpact area parks,recreation,transportation,police,and fireservices,and that
futureimprovements may requireadditionalpublicinfrastructurestreetimprovements including
transportationfor trafficcirculationand the provisionsof parks,recreation,police,and fire
services;and
WHEREAS,the Landowner findsthisAgreement willprovideforthe most satisfactoryand
dependable water supply and sewer supply or service,and provide transportation,parks,
recreation,police and fire service for development of the 1519 ALDER COURT LANE
ANNEXATION;and
WHEREAS,the partieshave determined that itis in the best interestsof the City and
Landowner,and infurtherance ofthe publichealth,safetyand welfareofthe community to enter
intoand implement thisAgreement.
W IT N E S S E T H :
IN CONSIDERATION of the mutual covenants and agreements herein contained,the
partiesheretoagree as follows:
1.Recitats
The above recitalsaretrueand correct.
2.Annexation
The Landowner filedan applicationfor annexation of the 1519 ALDER COURT LANE
ANNEXATION with the Cityon August 5,2024.By execution ofthisAgreement,the Citymanifests
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itsintentto annex the 1519 ALDER COURT LANE ANNEXATION tractpursuant to the terms and
conditionsofthisAgreement.Subject tothe provisionsofTitle7,Chapter 2,Part46,Mont.Code
Ann.the Cityshall,upon execution ofthisAgreement,adopt a Resolution of Annexation of the
1519 ALDER COURT LANE ANNEXATION.Further,upon the execution of thisAgreement,the
Landowner shalldo allthings requiredby thisAgreement and allthings necessary and proper to
aid and assistthe Cityincarryingout the terms,conditionsand provisionsofthisAgreement and
toeffectthe annexation ofthe 1519 ALDER COURT LANE ANNEXATION.
3.Services Provided
The City will,upon annexation,make available to the 1519 ALDER COURT LANE
ANNEXATION existingCityservicesonly to the extent currentlyavailable,or as provided inthis
Agreement.
4.MunicipaL Water Service Defined
The term "municipalwater service"as isused inthisagreement shallbe the servicewhich
issupplied by the City inaccordance with Chapter 40,Article2,Bozeman Municipal Code,as
amended,as well as any other terms and conditions which apply to the City'sprovisionof
municipal water servicebut does not includethe extension oflinesor constructionof necessary
improvements atany cost to the Cityfordeliveryof water to and withinthe 1519 ALDER COURT
LANE ANNEXATION.Nothing in thisAgreement shall obligatethe City to pay for right-of-way
acquisition,engineering,construction,and other costs forthe deliveryofwater to or withinthe
1519 ALDER COURT LANE ANNEXATION to include,but not limitedto,any impact fees,hook-up,
connection,ordevelopment charges which have been or may be establishedby the City.
5.Municipal Sewer Service Defined
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The term "municipal sewer service"as isused inthisAgreement shallbe the servicewhich
issupplied by the City inaccordance with Chapter 40,Article3,Bozeman Municipal Code,as
amended,as well as any other terms and conditions which apply to the City'sprovisionof this
servicebut does not includethe extensionof linesor constructionofnecessary improvements at
any cost to the City for collectionof sewage at and within the 1519 ALDER COURT LANE
ANNEXATION.Nothing inthisAgreement shallobligatethe Cityto pay forright-of-wayacquisition,
engineering,construction,and other costs forthe collectionof sewage servicesto or withinthe
1519 ALDER COURT LANE ANNEXATION to include,but not limitedto,any impact fees,hookup,
connection,or development charges which may be establishedby the City.
6.Water Rights
The Landowner specificallyrecognizes and agrees the Landowner must provide water
rightsor cash in-lieuofwater rightsupon furtherdevelopment or subdivisionofthe property in
accordance with Section 38.410.130,Bozeman Municipal Code.The City will calculate the
amount of water rightsor cash-in-lieuthereof due at the time of further development or
subdivisionofthe propertybased on the annual demand forvolume ofwater the development will
requiremultipliedby the most currentannual unitpriceineffecton the date the water rightsare
transferredor payment-in-lieuofwater rightsisto be made to the City.As such,the Landowner
acknowledges thatthe ratesforcash in-lieuofwater rightsmay increaseovertime as established
by Resolution of the City Commission.The applicant must perform a water rightssearch to
determine ifany existforthisproperty.The Landowner must transferany water rightsthatexistfor
thispropertyto the Cityof Bozeman priorto development thatthe Cityof Bozeman determines
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are usefulforCitypurposes.Ifinsufficientwater rightsexist,the Landowner must pay cash inlieu
ofwater rights,inan amount determined by the Directorof PublicUtilities,priorto development.
7.Comprehensive Water and Wastewater Design Report
Priorto future development of the property the City may requirethe Landowner to have
prepared by a Professional Engineer,at Landowner's sole expense,a comprehensive design
reportevaluatingexistingcapacityofsewer and water utilitiesinthe area.The reportmust include
hydraulicevaluations of each utilityfor both existingand post-development demands,and the
reportfindingsmust demonstrate adequate capacitytoserve the fulldevelopment ofthe land.If
adequate infrastructurecapacity isnot availableforthe proposed development,the reportmust
identifywater or wastewater system improvements necessary forthe proposed development.If
improvements to thiswater or wastewater system are necessary,the Landowner agrees priorto
development of the 1519 ALDER COURT LANE ANNEXATION to complete,at Landowner's
expense,the necessary system improvements to servethe proposed development.
8.Future Development Limitations
The Landowner shall be responsible for installingallfacilitiesrequired to provide full
municipal servicesto the propertyinaccordance with the City'sInfrastructureMaster Plans and
allCity regulations,policiesand guidelinesthat may be in effect at the time of any future
development.Thus,Landowner understands and agrees Landowner has no right,eithergranted
or implied,foritto furtherdevelop any of the 1519 ALDER COURT LANE ANNEXATION untilitis
verifiedby the Citythatthe necessary municipal services,includingbut not limitedto policeand
fireprotection,parks and recreation,transportation,and sewer and water capacity,are available
to allor a portionof the 1519 ALDER COURT LANE ANNEXATION.Notice isthus provided to the
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Landowner that priorto additionaldevelopment of the property,the Landowner willbe solely
responsibleforinstalling,atLandowner's sole expense,any facilitiesorinfrastructurerequiredto
providefullmunicipal servicesto the 1519 ALDER COURT LANE ANNEXATION inaccordance with
the City'sinfrastructureplans,adopted Growth Policies/Community Plans,and allother city
regulations,policiesand guidelinesthatmay be ineffectatthe time ofdevelopment.
9.Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Planforthe 1519 ALDER COURT
LANE ANNEXATION for a system designed to remove solids,oils,grease,and other pollutants
from the runoff from public streetsand 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 runofffrom public streets,other impermeable
surfaces,and allfuturelotswillbe achieved by providingspot elevations,flow directionarrows,
detention and/or retentionbasin details(includingbasin sizingcalculationsand basin typical
sections),outletstructuredetails,and culvertcapacity calculations.The plan must also locate
and provide easements for adequate drainage ways within the 1519 ALDER COURT LANE
ANNEXATION to transporttreated runoffto the stormwater receivingchannel.The plan shall
includesitegradingand elevationinformation,typicalstormwater detention/retentionbasin and
discharge structure details,basin sizing calculations,and stormwater maintenance plan.
Landowner recognizesthe Citymay requiresuch Stormwater Master Plan to be implemented in
all or part as a condition of approval of development of the 1519 ALDER COURT LANE
ANNEXATION.
10.Waiver of Right-to-ProtestSpecial Districts
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A.Landowner shallexecute a Waiver of Right-to-ProtestCreation ofSpecial Districts
(SID)or Special Improvement Districtsfor streetand transportationimprovements including
design and engineering,paving and subsurface improvements,curb and gutter,sidewalk and
stormwater drainage facilities,and fiberopticconduit forthe followingstreetsidentifiedby the
Development Review Committee for:
a.Streetimprovements to S 19thAve from College Stto Stucky Rd including
lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage.
b.Street improvements to W Lincoln St from S 19th Ave to S 11th Ave
includinglighting,signalization,paving,curb/gutter,sidewalk,and storm
drainage.
c.Street improvements to W Kagy Ave from S 19th Ave to S 11th
Ave includinglighting,signalization,paving,curb/gutter,sidewalk,and
storm drainage.
The Landowner agrees such SID willprovidea mechanism forthe fairand equitableassessment
ofconstructionand maintenance costs forsuch improvements.The waiver isattached hereto as
Exhibit"A"and ishereby incorporatedinand made a partofthisAgreement.
B.Landowner has executed a Waiver of Right-to-ProtestCreation of Special Improvement
Districts("SID")or Special Districtsforthe followingIntersectionimprovements identifiedby the
Development Review Committee including lighting,signalizationand channelization,paving,
curb/gutter,sidewalk,and storm drainage for:
a.Intersectionimprovements at W Garfieldin and S 19th Ave including
lighting,signalization/channelization,paving,curb/gutter,sidewalk,and
storm drainage.
b.Intersectionimprovements at W Lincoln St and S 11th Ave including
lighting,signalization/channelization,paving,curb/gutter,sidewalk,and
storm drainage.
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c.Intersectionimprovements at W Lincoln St and S 19th Ave including
lighting,signalization/channelization,paving,curb/gutter,sidewalk,and
storm drainage.
d.Intersectionimprovements at W Kagy Blvd and S 19th Ave including
lighting,signalization/channelization,paving,curb/gutter,sidewalk,and
storm drainage.
e.Intersectionimprovements at W Kagy Blvd and S 11th Ave including
lighting,signalization/channelization,paving,curb/gutter,sidewalk,and
storm drainage.
The Landowner agrees such SID willprovidea mechanism forthe fairand equitableassessment
ofconstructionand maintenance costs forsuch improvements.The waiver isattached hereto as
Exhibit"B"and ishereby incorporated inand made a partofthisAgreement.
The Landowner agrees such SID or special districtswillprovide a mechanism forthe fairand
equitableassessment of constructionand maintenance costs forsuch improvements.
C.Landowner agrees thatinthe event a specialdistrictoran SID isnot utilizedforthe
completion of these improvements as described in subsection A above,the Landowner shall
participatein an alternativefinancingmethod forthe completion of the improvements on a fair
share,proportionate basis as determined by the City on the basis of the square footage of
property,taxable valuation of the property,trafficcontributionfrom the development or a
combination thereof.
D.Landowner understands and agrees that the Citywillchoose creationof a SID or
specialdistrictor an alternativefinancingmethod forthe completion of the improvements and
may use eitherfinancingoption atany time.
11.Street Improvements
The Landowner understands and agrees thatatthetime offuturedevelopment the portion
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of the 1519 ALDER COURT LANE ANNEXATION and itsrelated transportationinfrastructure
frontingthe 1519 ALDER COURT LANE ANNEXATION thisproperty must be improved to a City
standard at Landowner's expense.
12.Impact Fees
Landowner acknowledges thatannexation and development of theirpropertywillimpact
the City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved
by the City,the Landowner and itssuccessors must pay:
a)Fireimpact fees equalto the amount perChpt.2,Art.6.Div.9 BMC,oras amended,
attime ofissuance ofa buildingpermit.
b)Transportationimpact fees equal to the amount per Chpt.2,Art.6.Div.9 BMC,or
as amended,attime of issuance ofa buildingpermit.
c)Water impact fees as requiredby Chpt.2,Art.6.Div.9 BMC,oras amended,atthe
time ofconnection to citywater services.
d)Sewer impact fees as requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,atthe
time ofconnection to citysewer services.
The amount ofimpact feethe Landowner or itssuccessors pay forconnection to the city's
water and sewer services,ifany,shallbe calculated based on the provisionsof the Bozeman
Municipal Code,as amended,in effectat the time of applicationfor a permit to connect.The
amount of streetorfireimpact fees to be paid,ifany,shallbe calculatedbased on the provisions
ofthe Bozeman Municipal Code,as amended,in effectat the time an applicationfor building
permit issubmitted.
Landowner furtherunderstands and agrees that any improvements,eitheron-siteor off-
site,necessary to provide connection of the 1519 ALDER COURT LANE ANNEXATION municipal
servicesand which are wholly attributableto the propertyas determined exclusivelyby the City
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are considered "projectrelatedimprovements"as defined in Chapter 2,Article6,Division9,
Bozeman Municipal Code,as amended,and as such,are not eligibleforimpact fee credits.
IfLandowner defaultson thisconditionat the time such isto be performed,and should
defaultnot be remedied or corrected within thirty(30)days afterwritten notice by Cityto the
Landowner and Landowner/Developer ofsuch default,Citymay at itsoption:
a)Declare the amounts owing for impact fees immediately due and payable
and City shall have the rightand privilegeto take legal action against
Landowners for the collectionof such sum,includingthe entry of any
judgment.Inaddition,the Citymay,at itsoption,enforce payment of such
amount by levyingan assessment on the property.
b)Elect any other remedy availableto City under the laws of the State of
Montana.
13.Charges and Assessments
Landowner understands and agrees thatafterthisAgreement isrecorded the 1519 ALDER
COURT LANE ANNEXATION willbe subject to Cityassessments forarterialand collectorstreets,
streetmaintenance,and tree maintenance on the same basis as allotherpropertiesinthe City.
14.Additional Terms
The partiesrecognize these documents must be filedand of record with the Gallatin
County Clerk and Recorder priorto the sale of any land within the 1519 ALDER COURT LANE
ANNEXATION.The partiesfurtheragree thatthe Citymay filethese documents atany time.
15.Governing Law and Venue
Thisagreement shallbe construed under and governed by the laws ofthe stateofMontana.
Inthe event of litigation,venue isinthe Eighteenth JudicialDistrictCourt,inand forCounty of
Gallatin,State ofMontana.
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16.Attorney's Fees
Inthe event itbecomes necessary foreitherpartyto thisAgreement to retainan attorney
to enforce any of the terms or conditions of thisAgreement,then the prevailingpartyshallbe
entitledto reasonable attorney'sfees and costs,to include the salaryand costs of in-house
counsel includingCityAttorney.
17.Waiver
No waiver by eitherparty of any breach of any term,covenant or agreement shall be
deemed a waiver ofthe same orany subsequent breach ofthissame orany otherterm,covenant
or agreement.No covenant,term or agreement shallbe deemed waived by eitherpartyunless
waived inwriting.
18.InvatidProvision
The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe
otherprovisionshereof,and thisAgreement shallbe construed inallrespects as ifsuch invalidor
unenforceable provisionwere omitted.
19.Modifications or Alterations
No modifications or amendment ofthisAgreement shallbe validunless evidenced by a
writingsigned by the partieshereto.
20.No Assignment
Itisexpressly agreed thatthe Landowner and/or Landowner/Developer shallnot assign
thisAgreement inwhole or inpartwithout priorwrittenconsent ofthe City.
21.Successors
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This Agreement shallbe binding upon,inure to the benefitof and be enforceable by the
parties hereto and their respective heirs,successors and assigns and specificallyto any
subsequent purchaser ofthe annexed property.
22.Covenants to Run with the Land
The partiesintend thatthe terms of thisAgreement shallbenefitthe 1519 ALDER COURT
LANE ANNEXATION and shallbe covenants running with the land and shallnot expireat their
deaths or upon transferofownership ofthe property.
The undersigned Landowner affirmsthatthey have authorityto enter intothisAgreement
and to bind themselves to thisAgreement.
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IN WITNESS WHEREOF,the partieshereto have caused thisagreement to be executed the day
and year firstabove written.
LANDOWNER
Lincoln Street MGME,LLC
By:Grant Eve
Title:d^bd
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of OeA ,2025,before me,the undersigned,a Notary
Publicforthe Stateof Montana,personallyappeared Grant Eve,known to me to be the
Mc^h of Lincoln Street MGME,LLC,known to me to be the landowner thatexecuted
the withininstrument,and acknowledged to me thatthey executed the same forand on behalfof
landowner.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day
and year firstabove written.
(CFAI)
NOURYPUBUCforthe
ageerundana (PrintedName Here)
ResidngaMCoulso,W Notary Publicforthe Stateof
20r7 Residing at 6.kkin 3MT
My Commission Expires:
(Use 4 digitsforexpirationyear)
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IN WITNESS WHEREOF,the partieshereto have caused thisagreement to be executed the day
and year firstabove written.
LANDOWNER
Lincoln reet MGME,LLC
By:Mercede Eve
Titte:He5Y X)(
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of ,2025,before me,the undersigned,a Notary
Publicforthe Stateof Montana,personallyappeared Mercede Eve,known to me to be the
(^lWA ofLincoln Street MGME,LLC,known to me to be the landowner thatexecuted
the withininstrument,and acknowledged to me thatthey executed the same forand on behalfof
landowner.
INWITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day
and year firstabove written.
L
abdeofMontana (PrintedName Here)
Notary Publicforthe State ofMC‰..
OF March24&27 Residingat (t ½3¼T
My Commission Expires:C
(Use 4 digitsforexpirationyear)
1519 AlderCourtLane AnnexationAgreement,Application24428 15
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CITY OF BOZEMAN
By:Chuck Winn,CityManager
ATTEST:
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
W.2.z#
On this f day of fe .202 ,before me,a Notary Publicforthe
stateof Montana,personallyappeared huck Winn and Mike Maas,known to me to the persons
described inand who executed the foregoinginstrument as In CityManager and CityClerk
respectively,ofthe CityofBozeman,whose names are subscribed tothe withininstrument and
acknowledged to me thatthey executed the same forand on behalfofsaid City.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day
and year firstabove written.
(SEAL)
c ,,MÍCHELLE CHAPEL (PrintedName Here)
!fortheStat o ontana Notary Publi orthe tateof Montana
Residingat:Residingat
°CommissinE ies:My Commission x ires:
April21,2029 (Use 4 digitsfore ationyear)
1519 AlderCourtLane AnnexationAgreement,Application24428 16
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EXHIBIT "A"
WAlVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICTS OR SPECIAL IMPROVEMENT DISTRICTS
1519 ALDER COURT LANE ANNEXATION
The undersigned owner of the real property situated inthe County of Gallatin,State of
Montana,and more particularlydescribed as follows:
A tractof land knows as Lot25 ofBeatty'sAlder Court Subdivision(PlatE-46)
Section 13,TO2,R05E in GallatinCounty,Montana,more particularlydescribed as
follows:
Beginning atthe north east corner of Lot25,
Said pointbeing marked by a 5/8"rebarwithyellow plasticcap;
Thence along the north boundary ofsaid Lot25,N 89°06'33"W fora distanceof131.57
feettothe northwest corner;
Thence alongthewest boundary,01°29'40"W fora distanceof100.00 feettothe south
WeSt Corner,
Thence along the south boundary,S 89°06'33"E fora distance of 132.36 feetto the
south east corner,
Thence along the east boundary,N 01°02'33"E fora distance of 100.00 feetto the
Pointof Beginning.
Said tractcontains 0.303 acres more or lessand issubjectto alleasements,rights-of-
way and restrictionsof record.
IN CONSIDERATION of receivingapproval forannexation ofthe subject propertyfrom the
City of Bozeman,along with accompanying rightsand privilegesand for other and valuable
consideration,the receipt of which is hereby acknowledged,and in recognition of the
transportationimpacts to:
d.Streetimprovements to S 19th Ave from College St to Stucky Rd includinglighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage.
e.Street improvements to W Lincoln St from S 19th Ave to S 11th Ave including
lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage.
f.Streetimprovements toW Kagy Ave from S 19th Ave toS 11thAve includinglighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage.
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For improvement districtsforthe design and engineering,constructionand maintenance
of following improvements:for streetand transportationimprovements includingdesign and
engineering,paving and subsurface improvements,curb and gutter,sidewalk,stormwater
drainage facilities,broadband,and other dry utilitiesfor the aforementioned street
improvements.
Landowner agrees the Cityhas the sole righttocontrolthe design and constructionofsuch
improvements and may include any of the above components and others necessary to ensure
such improvements comply with alladopted Cityinfrastructureplans and requirements.Further,
the Landowner waives itsrightorto make any writtenprotestagainstthe sizeor area or creation
of the districtbe assessed in response to a duly passed resolutionof intentionto create one or
more specialimprovement districtswhich would includethe above-described property.
In the event a special districtor special improvement districtis not utilizedfor the
completion ofthese improvements,the developer agrees to participateinan alternatefinancing
method for the completion of said improvements on a fairshare,proportionate basis as
determined by the Cityon the basis ofthe square footage of property,taxable valuationof the
property,trafficcontributionfrom the development or a combination thereof.Landowner
understands and agrees that the City willchoose creation of a SID or special districtor an
alternativefinancing method for the completion of the improvements and may use either
financingoption atany time.
Thiswaiver ismade forthe benefitof the property described herein shallbe a covenant
runningwith the land.
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The terms,covenants and provisionsofthiswaiver shallextend to,and be bindingupon
the successors-in-interestand assigns ofthe Landowner.
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DATED this day of CCC ,2025.
LANDOWNER
Lincoln Street MGME,LLC
By:Grant Eve
Title:
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of ,2025,before me,the undersigned,a Notary
Publicforthe State ofMontana,personallyappeared Grant Eve,known to me to be the
Ac^hfa ofLincoln Street MGME,LLC,known to me to be the landowner thatexecuted
the withininstrument,and acknowledged to me thatthey executed the same forand on behalfof
landowner.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day
and yearfirstabove written.
NNGPFRIMIER
SEAL ResidngstSendCoulse,MT(PrintedName Here)
Notary Publicforthe Stateof
Residingat
My Commission Expires:†tunh
(Use 4 digitsforexpirationyear)
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IN WITNESS WHEREOF,the partieshereto have caused thisagreement to be executed the day
and year firstabove written.
LANDOWNER
Lincoln Street MGME,LLC
By:Mercede Eve
Title:(IDtbl
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of Oteco ,2025,beforeme,the undersigned,a Notary
Publicforthe State ofMontana,personallyappeared Mercede Eve,known to me to be the
VhÅO(A of Lincoln Street MGME,LLC,known to me to be the landowner thatexecuted
the withininstrument,and acknowledged to me thatthey executed the same forand on behalfof
landowner.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day
and year firstabove written.
A9F NNQPFRIMMER
NOTARYPUBUCforte
atwMT (PrintedName Here)MyConunissionFaires
or MenA24,2027 Notary Publicforthe Stateof
Residingat Rdth ,¼T
My Commission Expires:Ath
(Use 4 digitsforexpirationyear)
1519 AlderCourtLane AnnexationAgreement,Application24428 21
2869390 Page 22 of 26 02/02/2026 01:48:03 PM
EXHIBIT "B"
WAlVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
1519 ALDER COURT LANE ANNEXATION
The undersigned owner of the realproperty situated in the County of Gallatin,State of
Montana,and more particularlydescribed as follows:
A tractofland knows as Lot 25 of Beatty'sAlderCourt Subdivision(PlatE-46)
Section 13,TO2,RO5E in GallatinCounty,Montana,more particularlydescribed as
follows:
Beginning atthe northeast corner ofLot 25,
Said pointbeing marked by a 5/8"rebarwith yellow plasticcap;
Thence alongthe northboundary ofsaid Lot25,N 89°06'33"W fora distanceof 131.57
feetto the northwest corner;
Thence along the west boundary,01°29'40"W fora distance of100.00 feettothe south
west corner,
Thence along the south boundary,S 89°06'33"E fora distance of 132.36 feetto the
south east corner,
Thence along the east boundary,N 01°02'33"E fora distance of 100.00 feetto the
Pointof Beginning.
Said tractcontains 0.303 acres more or lessand issubjectto alleasements,rights-of-
way and restrictionsofrecord.
IN CONSIDERATION of receivingapproval forannexation ofthe subject propertyfrom the
City of Bozeman,along with accompanying rightsand privilegesand for other and valuable
consideration,the receiptofwhich ishereby acknowledged,and inrecognitionofthe intersection
impacts to:
a.Intersectionimprovements at W Garfield in and S 19th Ave including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
b.Intersectionimprovements at W Lincoln St and S 11th Ave including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
1519 AlderCourtLane AnnexationAgreement,Application24428 22
2869390 Page 23 of 26 02/02/2026 01:48:03 PM
c.Intersectionimprovements at W Lincoln St and S 19th Ave includinglighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
d.Intersectionimprovements at W Kagy Blvd and S 19th Ave includinglighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
e.Intersectionimprovements at W Kagy Blvd and S 11th Ave including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
which willbe caused by the development ofthe above-described property,the owner has
waived and does hereby waive foritself,itssuccessors and assignsforeverthe rightto protestthe
creationof one or more special improvement districtsforthese intersectionsincludingLighting,
signalization/channetization,paving,curb/gutter,sidewalk,and storm drainage.
Landowner agrees the Cityhas the sole rightto controlthe design and constructionofsuch
improvements and may include any of the above components and others necessary to ensure
such improvements comply with alladopted Cityinfrastructureplans and requirements.Further,
the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creation
ofthe districtbe assessed inresponse to a duly passed resolutionof intentionto create one or
more specialimprovement districtswhich would includethe above-described property.
In the event a special districtor special improvement districtis not utilizedfor the
completion ofthese improvements,the developer agrees to participateinan alternatefinancing
method for the completion of the improvements on a fairshare,proportionate basis as
determined by the Cityon the basis of the square footage of property,taxablevaluationof the
property,trafficcontributionfrom the development or a combination thereof.Landowner
understands and agrees that the City willchoose creation of a SID or special districtor an
alternativefinancing method for the completion of the improvements and may use either
financingoption atany time.
1519 AlderCourtLane AnnexationAgreement,Application24428 23
2869390 Page 24 of 26 02/02/2026 01:48:03 PM
This waiver ismade forthe benefitof the propertydescribed herein shallbe a covenant
runningwith the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon
the successors-in-interestand assigns ofthe Landowner.
1519 AlderCourt Lane AnnexationAgreement,Application24428 24
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DATED this day of bCt6 (A ,2025.
LANDOWNER
Lincoln Street MGME,LLC
By:Grant Eve
Title:MrobLA
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of ÚtEcd(A ,2025,before me,the undersigned,a Notary
Publicforthe State of Montana,personallyappeared Grant Eve,known to me to be the
lcabta ofLincoln Street MGME,LLC,known to me to be the landowner thatexecuted
the withininstrument,and acknowledged to me thatthey executed the same forand on behalfof
landowner.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day
and year firstabove written.
(SFAI)
P NEGGPFRIMMER
NOT (PrintedName Here)
SEAL ReeWhgatSandCoso,MT Notary Publicforthe Stateof
Residingat
My Commission Expires:St rth
(Use 4 digitsforexpirationyear)
1519AlderCourtLane AnnexationAgreement,Application24428 25
2869390 Page 26 of 26 02/02/2026 01:48:03 PM
DATED this day of Ote ba ,2025.
LANDOWNER
Lincoln Street MGME,LLC
By:Mer ede Eve
Title:Pl/T
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this IÙ day of ÛCCed th ,2025,before me,the undersigned,a Notary
Publicforthe State ofMontana,personallyappeared Mercede Eve,known to me to be the
Heu bt4 ofLincoln Street MGME,LLC,known to me tobe the landowner thatexecuted
the withininstrument,and acknowledged to me thatthey executed the same forand on behalfof
landowner.
INWITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day
and year firstabove written.
(SEAL)
NOTARYPUBUCforthe (PrintedName Here)
SEAL gr Notary Publicforthe Stateof MthEA
MycommissionE@es Residingat T
'
My Commission Expires:Ù(N
(Use 4 digitsforexpirationyear)
1519 AlderCourt Lane AnnexationAgreement,Application24428 26