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HomeMy WebLinkAbout26 - Annexation & Lot Mergers - Idaho Pole Company - L Street2874241 Sam a -Ga n MI IllIIIIIIIIlllIIIIIIIIllillIIIIIIII1111101111111 Inter-officeOriginalto: CityofBozeman CityClerk PO Box 1230 Bozeman,MT 549771-1230 L STREET (IDAHO POLE) ANNEXATION AGREEMENT THIS AGREEMENT made and entered intothis day of Rd/,2026,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 Idaho Pole Company,3325 Meridian Avenue East,Suite4,Edgewood,WA 98371,hereinafterreferredto 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 L STREET ANNEXATION situated in GallatinCounty,Montana,and more particularlydescribed as follows: PARCEL 1: Allthat portionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South,Range Six(6)East,Montana PrincipalMeridian,lying LSTREET ANNEXATION AGREEMENT 1 2874241 Page 2 of 31 04/08/2026 03:02:54 PM Northwest on the center lineofthe County Road known as "L"Streetand Southwest ofthe rightofway ofthe GallatinValleyRailroadCompany and more particularlydescribed as follows: Beginning atthe Northwest Corner ofthe Southwest One-quarter ofthe Northwest One- quarterofsaid Section Five(5),thence North 88°53'44"East on and along the Northlineofthe Southwest One-quarter ofthe Northwest One-quarter (SW¼NW¼)a distance of457.03 tothe Southwesterly rightofway ofthe GallatinValleyRailroad.Thence South 21°17'24"East on and along said rightofway,a distance of414.70 feet,tothe centerlineofthe County Road known as "L"Street. Thence South 43°45'36"West on and along the centerlineofthe County Road,known as "L" Street,a distance of869.07 feettothe West lineof said Northwest One-quarter (NW¼). Thence North 00°22'00"West on and along saidWest line,a distance of 1005.23 feetto the pointof beginning.According to Platrecorded inFilm 9,page 847.Said ParcelIalso described invariousdocuments of record as follows: Allthatportionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South of Range Six(6)East ofMontana Meridian,lyingNorthwest ofthe centerlineofthe County Road,and Southwest ofthe rightofway ofthe GallatinValley RailroadCompany and more fullydescribed as follows,to-wit: Beginning atthe Northwest corner ofsaidSouthwest Quarter ofNorthwest Quarter (SW¼NW¼)ofsaidSection 5;thence South along the West lineofsaid Section 1006.2 feet, more or less,tothe center ofthe County Road;thence North 44°East 868.2 feet,more or less,to the Westerly lineofthe rightofway ofthe GallatinValleyRailroadCompany,said line being 50 feetfrom the center of said rightofway;thence North 20°31'West along said rightof way 414.7 feet,more or less,tothe North lineofsaidSouthwest Quarter ofthe Northwest Quarter,thence West along said North line457.3 feet,more or less,tothe place of beginning.As previouslydescribed inWarranty Deed recorded inFilm 9,page 845. PARCEL II: That portionofthe abandoned Chicago,Milwaukee,St.Paul and PacificRailroadCompany's rightofway located inSection 5,Township 2 South,Range 6 East,P.M.M.,GallatinCounty, Montana,which isadjacent to thatparceldescribed in"ExhibitA"attached hereto,and which islocated between the Southeast boundary line(extended)and the North boundary line(extended)of said parcel as described inExhibit"A".Said rightofway being as shown on thatcertainrightofway and trackmap filedSeptember 25,1985 at11:57 A.M.under Permanent FileNo.770-C inthe officeofthe Clerk and Recorder forGallatinCounty, Montana. L STREET ANNEXATION AGREEMENT 2 2874241 Page 3 of 31 04/08/2026 03:02:54 PM "EXHIBIT A" Allthatportionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South of Range Six(6)East ofMontana MeridianlyingNorthwest ofthe centerlineofthe County road and Southwest ofthe rightofway ofthe GallatinValley RailroadCompany and more fullydescribed as follows,to-wit: Beginning atthe Northwest corner ofsaidSouthwest Quarter of Northwest Quarter (SW¼NW¼)of said Section 5;thence South along the West lineofsaidSection 1006.2 feet, more or less,to the centerlineCounty road;thence North 44 1/2°East 868.2 feet,more or less,to Westerly lineright-of-wayGallatinValleyRailroadCompany,said linebeing 50 feet from center rightofway;thence North 20°31'West along saidright-of-way414.7 feet,more or less,to North linesaid Southwest Quarter Northwest Quarter;thence West along said North line457.3 feet,more or less,place beginning. AllParcelIIpreviouslydescribed Quit Claim Deed recorded Film 90,page 1210. PARCEL V: A tractof land inthe NW¼of Section 5,and the NE¼ofSection 6,Township 2 South,Range 6 East,P.M.M.,GallatinCounty,Montana,and particularlydescribed as follows:Beginning at the E¼corner ofSection 6,thence South 88°54'59"West along the South lineofthe NE¼of Section 6,a distance of 329.58 feettoa pointon the centerlineof a County Road;thence North 44°23'01"East,on and along said centerline,a distance of 1,142.18feet;thence South 3°45'18"East,a distance of801.90 feetto a pointon the South lineofthe NW¼of Section 5; thence South 88°54'59"West,on and along saidSouth line,a distance of522.00 feetto the true pointof beginning according to Survey recorded inFilm20 page 376. Containing 17.92 acres,more or less,and issubjectto alleasements of record or apparent from a visualinspectionofthe property.Allas depicted on the L STREET ANNEXATION Map. WHEREAS,the Landowner petitionedthe Cityforannexation to the Cityof said tractsof land;and WHEREAS,the LSTREETANNEXATION isnotwithinthe corporate limitsofthe Cityorother municipalityand may thereforebe annexed to the Cityinaccordance with the provisionsofthis Agreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and L STREET ANNEXATION AGREEMENT 3 2874241 Page 4 of 31 04/08/2026 03:02:54 PM WHEREAS,allpartiesrecognize the annexation ofthe L STREET ANNEXATION pursuant to Section 7-2-4601,etseq.,Mont.Code Ann.willallow the L STREET ANNEXATION to connect to and utilizeCityservices,includingmunicipal water and sewer service,parks and recreation,fire and policeservices,and the City'stransportationsystem;and WHEREAS,Section 7-2-4610,Mont.Code Ann.provides that a municipality and landowner can agree tothe provisionsof servicesto the area to be annexed;and WHEREAS,the partiesrecognize additionaldevelopment on the L STREET ANNEXATION willimpact area parks,recreation,transportation,police,and fireservices,and that future improvements may require additional public infrastructure,street improvements including transportationfor trafficcirculationand the provisions of 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,policeand fireservicefordevelopment ofthe L STREET ANNEXATION;and WHEREAS,the partieshave determined that itis in the best interestsof the City and Landowner,and infurtherance ofthe publichealth,safetyand welfare ofthe community to enter intoand implement thisAgreement. L STREET ANNEXATION AGREEMENT 4 2874241 Page 5 of 31 04/08/2026 03:02:54 PM W IT N E S S E T H: IN CONSIDERATION of the mutual covenants and agreements herein contained,the partieshereto agree as follows: 1.Recitats The above recitalsaretrueand correct. 2.Annexation The Landowner filedan applicationforannexation ofthe L STREET ANNEXATION with the Cityon June 20,2025.By execution ofthisAgreement,the Citymanifests itsintentto annex the L STREET ANNEXATION tractpursuant to the terms and conditionsofthisAgreement.Subject to the provisionsofTitle7,Chapter 2,Part46,Mont.Code Ann.the Cityshall,upon execution ofthis Agreement,adopt a Resolution of Annexation ofthe L STREET ANNEXATION.Further,upon the execution ofthisAgreement,the Landowner shalldo allthingsrequiredby thisAgreement and all things necessary and proper to aid and assistthe Cityincarryingout the terms,conditions and provisionsofthisAgreement and to effectthe annexation ofthe L STREET ANNEXATION. 3.Services Provided The Citywill,upon annexation,make availableto the L STREET ANNEXATION existingCity servicesonlytothe extentcurrentlyavailable,or as provided inthisAgreement. 4.Municipal Water Service Defined The term "municipal water service"as isused inthisagreement shallbe the servicewhich issupplied by the Cityin accordance 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 of linesor constructionof necessary L STREET ANNEXATION AGREEMENT 5 2874241 Page 6 of 31 04/08/2026 03:02:54 PM improvements atany cost tothe Cityfordeliveryofwater toand withinthe LSTREETANNEXATION. Nothing inthisAgreement shallobligatethe Cityto pay forright-of-wayacquisition,engineering, construction,and other costs forthe deliveryofwater to orwithinthe L STREET 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 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 extension oflinesorconstructionof necessary improvements at any cost to the Cityforcollectionof sewage at and withinthe L STREET ANNEXATION.Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,engineering, construction,and other costs for the collectionof sewage services to or withinthe L STREET ANNEXATION to include,but not limitedto,any impact fees,hookup,connection,ordevelopment charges which may be established by the City. 6.Water Rights The Landowner specificallyrecognizes and agrees thatprovisionsforwater rightsor cash in-lieuof water rightsshallbe provided upon furtherdevelopment or subdivisionofthe property inaccordance with Section 38.410.130,Bozeman Municipal Code and as may be amended.The amount of water rightsor cash-in-lieuthereof due at the time of furtherdevelopment or subdivisionof the propertywillbe calculatedbased on the annual demand forvolume of water the development willrequiremultipliedby the most currentannual unitpriceineffecton the date LSTREET ANNEXATION AGREEMENT 6 2874241 Page 7 of 31 04/08/2026 03:02:54 PM the water rightsare transferredor payment-in-lieuofwater rightsisto be made to the City.As such,the Landowner acknowledges thatthe ratesforcash in-lieuof water rightsmay increase overtime as establishedby Resolution ofthe CityCommission.Domestic water demand from the singleresidentialhousefallsbelow the Citythreshold (0.25AF).Therefore,no cash-in-lieuofwater isrequiredatthe time ofthe execution ofthisagreement. 7.Comprehensive Water and Water Design Report Priorto futuredevelopment of the propertythe Citymay requirethe Landowner to have prepared by a ProfessionalEngineer,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 capacityto serve the fulldevelopment ofthe land.If adequate infrastructurecapacity isnot availableforthe proposed development,the reportmust identifynecessary water or wastewater system improvements necessary for the proposed development.Ifimprovements to thiswater orwastewater system are necessary,the Landowner agrees priorto development ofthe L STREET 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 installingallfacilitiesrequired to provide full municipal servicesto the property inaccordance with the City'sInfrastructureMaster Plans and allCity regulations,policiesand guidelinesthat may be in effectat the time of any future development.Thus,Landowner understands and agrees Landowner has no right,eithergranted or implied,foritto furtherdevelop any ofthe L STREET ANNEXATION untilitisverifiedby the City LSTREET ANNEXATION AGREEMENT 7 2874241 Page 8 of 31 04/08/2026 03:02:54 PM that the necessary municipal services,includingbut not limitedto police and fireprotection, parks and recreation,transportation,and sewer and water capacity,are availableto allor a portion of the L STREET ANNEXATION.Notice isthus provided to the Landowner that priorto additionaldevelopment ofthe property,the Landowner willbe solelyresponsibleforinstalling,at Landowner's sole expense,any facilitiesor infrastructurerequired to provide fullmunicipal servicestothe L STREET ANNEXATION inaccordance withthe City'sinfrastructureplans,adopted Growth Policies/Community Plans,and allothercityregulations,policiesand guidelinesthatmay be ineffectatthe time of development. 9.Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the L STREET ANNEXATION fora system designed to remove solids,oils,grease,and otherpollutantsfrom the runofffrom publicstreetsand other impermeable surfaces may be requiredto be provided to and approved by the CityEngineer atthe time of any futuredevelopment.The plan must demonstrate thatadequate treatment ofrunofffrom publicstreets,otherimpermeable surfaces,and allfuture lots will be achieved by providing spot elevations,flow directionarrows,detention and/or retentionbasin details(includingbasin sizingcalculationsand basin typicalsections),outlet structuredetails,and culvertcapacity calculations.The plan must also locate and provide easements foradequate drainage ways withinthe L STREET ANNEXATION to transporttreated runoffto the stormwater receivingchannel.The plan shall include sitegrading and elevation information,typicalstormwater detention/retentionbasin and discharge structuredetails,basin sizingcalculations,and stormwater maintenance plan.Landowner recognizes the City may L STREET ANNEXATION AGREEMENT 8 2874241 Page 9 of 31 04/08/2026 03:02:54 PM requiresuch Stormwater Master Plan to be implemented inallorpartas a requirement ofapproval ofdevelopment ofthe L STREET ANNEXATION. 10.Waiver of Right-to-ProtestSpecial Districts A.Landowner shall execute a Waiver of Right-to-ProtestCreation of Special Improvement Districtsor Special Districtsforstreetand 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.Street improvements to L Street from North Wallace Avenue to Story Mill Road including design and engineering,paving and subsurface improvements,curb and gutter,sidewalk and stormwater drainage facilities,and fiberopticconduit. b.Streetimprovements to Story MillRoad from L Streetto BridgerDriveincludingdesign and engineering,paving and subsurface improvements,curb and gutter,sidewalk and stormwater drainage facilities,and fiberopticconduit. c.Streetimprovements to North Wallace Avenue from L Streetto East Tamarack Street including design and engineering,paving and subsurface improvements,curb and gutter,sidewalk and stormwater drainage facilities,and fiberopticconduit. The Landowner agrees such SID or special districtswillprovide a mechanism forthe fairand equitable assessment of construction and maintenance costs for such improvements.The waiver isattached hereto as Exhibit"A"and ishereby incorporated inand made a part of this Agreement. B.Landowner shallexecute a Waiver ofRight-to-ProtestCreation ofSpecialImprovement Districtsor Special Districtsfor Intersectionimprovements including lighting,signalization/ channelization,paving,curb/gutter,sidewalk,and storm drainage for: LSTREET ANNEXATION AGREEMENT 9 2874241 Page 10 of 31 04/08/2026 03:02:54 PM a.Intersectionimprovements to East Tamarack Street and North Wallace Avenue including lighting,signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. b.Intersectionimprovements to L STREET and the railroadright-of-wayincludinglighting, signalization/channelization,paving,curb/gutter,sidewalk,path and storm drainage. The Landowner agrees such SID or specialdistrictswillprovide a mechanism forthe fairand equitableassessment ofconstructionand maintenance costs forsuch improvements.The waiver isattached hereto as Exhibit"B"and ishereby incorporated inand made a partofthisAgreement. C.Landowner agrees thatinthe event an SID isnot utilizedforthe completion ofthese improvements as described in subsections A above,the Landowner shall participatein an alternativefinancing 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,trafficcontributionfrom the development or a combination thereof. D.Landowner understands and agrees thatthe Citywillchoose creationof a SID or specialdistrictor an alternativefinancingmethod forthe completion of the improvements and may use eitherfinancingoption atany time. 11.Public Street and UtilityEasement The Landowner understands and agrees thata publicstreetand utilityeasement must be provided fordeliveryof municipal servicewith futuredevelopment and such easement shallbe provided atthe Landowner's sole expense. A rightofway forL STREET,classifiedas a Collectorinthe Bozeman TransportationMaster Plan (TMP),has a minimum right-of-wayROW width of 90 feet.The applicant must providetheir L STREET ANNEXATION AGREEMENT 10 2874241 Page 11 of 31 04/08/2026 03:02:54 PM half along the property frontage.The easement must be executed using the city'sstandard language priorto the adoption of Resolution of Annexation.The Landowner understands and agrees thata publicstreetand utilityeasement must be provided concurrent withsignatureofthis agreement forL STREET isadjacent to orcrosses the L STREET ANNEXATION to includehalfofthe 90-foot required rightof way for a collector adjacent to the L STREET ANNEXATION.The Landowner,atitssole expense,has created such easements ina locationand form agreeable to the Cityand the easement willbe filedatthe GallatinCounty Clerkand Recorder's Office.A public streetand utilityeasement must be provided priortothe adoption of ResolutionofAnnexation. The Landowner understands and agrees thata publicstreetand utilityeasement must be provided fordeliveryof municipal servicewith futuredevelopment and such easement shallbe provided atthe Landowner's sole expense. The Landowner,at itssole expense,has created such easements in a locationand form agreeable tothe Cityand the easements willbe filedatthe GallatinCounty Clerkand Recorder's Office.The Landowner furtherunderstands and agrees that additionalpublic streetand utility easements may be requiredfor deliveryof municipal serviceswith futuredevelopment,and in such event,the easement shallbe provided atthe Landowner's soleexpense. 12.Street Improvements The Landowner understands and agrees thatatthe time offuturedevelopment the portion of the L STREET ANNEXATION and itsrelatedtransportationinfrastructurefrontingthe L STREET ANNEXATION must be improved to a Citystandard at Landowner's expense. L STREETANNEXATIONAGREEMENT 11 2874241 Page 12 of 31 04/08/2026 03:02:54 PM 13.Notice of InstitutionalControls The Landowner understands and agrees that development constraintsunique to the subject property existsand issubjectto institutionalcontrols.The notice isattached hereto as Exhibit"C"and ishereby incorporated inand made a partofthisAgreement. 14.Impact Fees Landowner acknowledges thatannexation and development oftheirpropertywillimpact the City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved by the City,the Landowner and itssuccessors must pay: A)Fireimpact feesequalto the amount per Chpt.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,or as amended,atthe time ofconnection to citywater services. D)Sewer impact fees as requiredby Chpt.2,Art.6.Div.9 BMC,oras amended,atthe time ofconnection to citysewer services. The amount ofimpact fee the Landowner oritssuccessors pay forconnection tothe city's water and sewer services,ifany,shallbe calculated based on the provisionsof the Bozeman Municipal Code,as amended,ineffectat the time of applicationfor a permit to connect.The amount ofstreetorfireimpact fees to be paid,ifany,shallbe calculated based on the provisions of the Bozeman Municipal Code,as amended,in effectat the time an applicationfor building permit issubmitted. Landowner furtherunderstands and agrees thatany improvements,eitheron-siteor off- site,necessary toprovideconnection ofthe L STREETANNEXATION municipal servicesand which are wholly attributableto the property as determined exclusivelyby the cityare considered L STREET ANNEXATION AGREEMENT 12 2874241 Page 13 of 31 04/08/2026 03:02:54 PM "projectrelatedimprovements"as defined inChapter 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 default not be remedied or corrected withinthirty(30)days afterwrittennotice by City to the Landowner and Landowner/Developer of such default,Citymay atitsoption: 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. 15.Charges and Assessments Landowner understands and agrees thatafterthisAgreement isrecorded the L STREET ANNEXATION willbe subjectto Citycharges and assessments forarterialand collectorstreets, streetmaintenance,park maintenance,and treemaintenance on the same basisas allother propertiesinthe City. 16.AdditionalTerms The partiesrecognize these documents must be filedand of record with the Gallatin County Clerk and Recorder priorto the sale of any land withinthe L STREET ANNEXATION.The partiesfurtheragree thatthe Citymay filethese documents atany time. 17.Governing Law and Venue Thisagreement shallbe construed under and governed bythe laws ofthe stateofMontana. Inthe event of litigation,venue isinthe Eighteenth JudicialDistrictCourt,inand forCounty of Gallatin,State ofMontana. LSTREET ANNEXATION AGREEMENT 13 2874241 Page 14 of 31 04/08/2026 03:02:54 PM 18.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. 19.Waiver No waiver by eitherparty of any breach of any term,covenant or agreement shallbe deemed a waiver ofthe same orany subsequent breach ofthissame or any otherterm,covenant or agreement.No covenant,term or agreement shallbe deemed waived by eitherpartyunless waived inwriting. 20.InvalidProvision The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe other provisionshereof,and thisAgreement shallbe construed inallrespects as ifsuch invalidor unenforceable provisionwere omitted. 21.Modifications or Alterations No modificationsor amendment of thisAgreement shallbe validunless evidenced by a writingsigned by the partieshereto. 22.No Assignment Itisexpresslyagreed thatthe Landowner and/or Landowner/Developer shallnot assign thisAgreement inwhole or inpartwithout priorwrittenconsent ofthe City. LSTREET ANNEXATION AGREEMENT 14 2874241 Page 15 of 31 04/08/2026 03:02:54 PM 23.Successors This Agreement shallbe binding upon,inureto the benefitof and be enforceable by the parties hereto and their respective heirs,successors and assigns and specificallyto any subsequent purchaser ofthe annexed property. 24.Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the L STREET ANNEXATION and shallbe covenants runningwith the land and shallnot expireattheirdeaths or upon transferofownership ofthe property. The undersigned Landowner affirmsthatthey have authorityto enterintothisAgreement and to bind themselves to thisAgreement. LSTREET ANNEXATION AGREEMENT 15 2874241 Page 16 of 31 04/08/2026 03:02:54 PM IN WITNESS WHEREOF,the partieshereto have caused thisagreement to be executed the day and year firstabove written. DATED this day of f@bnM ft ,2026. LANDOWNER Idaho Pole Company By: Title:C 777 STATE OF ss COUNTY OF T ) Onthis day of Pn JG n .2026,before me,the undersigned,a Notary Public for the State of Montana,personally appe red nown to me to be the C .ofIdaho Pole Company,known to me to be the landowner thatexecuted the within instrument,and acknowledged to me that they executed the same for and on behalf of landowner. INWITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day and year firstabove written. (SEAL) M iche lo A .Roof - (PrintedName Here)R Notary Publ forthe tateof MYCOMMISSl0NEXPIRESAUGUST10,2028 Residingat JCfC- COMMISSIONNUMBER186880 My Commission Expires:/0 2.B (Use 4 digitsforexpirationyear) LSTREETANNEXATIONAGREEMENT 16 2874241 Page 17 of 31 04/08/2026 03:02:54 PM CITY OF BOZEMAN By:Chuck Winn,City Manager ATTEST: Mike Maas,City Clerk 7 .. STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of .2026,before me,a Notary Publicforthe state of Montana,personally a peared Chuck Winn and Mike Maas,known to me to the persons described inand who executed the foregoing instrument as InterimCityManager and CityClerk respectively,ofthe Cityof Bozeman,whose names are subscribed to the withininstrument and acknowledged to me thatthey executed the same forand on behalfof said City. INWITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day and year firstabove written. (SEAL) JULIE DERBY (rin d Name Here) fortheStateo ontana N taryPubli orthe StateofMontana .È Residingat:Residingat ()M(*SEAL.*Bozeman,Montana My Commission Expires:11a 0 I .70 ,·....··e My CommissionExpires: June11,2029 (Use 4 digitsforexpiratio ear) LSTREET ANNEXATION AGREEMENT 17 2874241 Page 18 of 31 04/08/2026 03:02:54 PM EXHIBIT "A" WAlVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS L STREET ANNEXATION The undersigned owner of the realproperty situated inthe County of Gallatin,State of Montana,and more particularlydescribed as follows: PARCEL 1: Allthatportionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)of Section Five(5),inTownship Two (2)South,Range Six(6)East,Montana PrincipalMeridian,lying Northwest on the center lineofthe County Road known as "L"Streetand Southwest ofthe rightofway ofthe GallatinValleyRailroadCompany and more particularlydescribed as follows: Beginning atthe Northwest Corner ofthe Southwest One-quarter ofthe Northwest One- quarterof said Section Five(5),thence North 88°53'44"East on and along the Northlineofthe Southwest One-quarter ofthe Northwest One-quarter (SW¼NW¼)a distance of457.03 tothe Southwesterly rightofway ofthe GallatinValleyRailroad.Thence South 21°17'24"East on and along said rightofway,a distance of414.70 feet,to the centerlineofthe County Road known as "L"Street. Thence South 43°45'36"West on and along the centerlineofthe County Road,known as "L" Street,a distance of869.07 feettothe West lineof said Northwest One-quarter (NW¼). Thence North 00°22'00"West on and along saidWest line,a distance of 1005.23 feettothe pointofbeginning.According to Platrecorded inFilm 9,page 847.Said ParcelIalso described invariousdocuments of record as follows: Allthatportionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South ofRange Six(6)East ofMontana Meridian,lyingNorthwest ofthe centerlineofthe County Road,and Southwest ofthe rightofway ofthe GallatinValley RailroadCompany and more fullydescribed as follows,to-wit: Beginning atthe Northwest corner ofsaidSouthwest Quarter ofNorthwest Quarter (SW¼NW¼)of said Section 5;thence South along the West lineofsaid Section 1006.2 feet, more or less,to the center ofthe County Road;thence North 44°East868.2 feet,more or less,tothe Westerly lineofthe rightofway ofthe GallatinValleyRailroadCompany,saidline LSTREET ANNEXATION AGREEMENT 18 2874241 Page 19 of 31 04/08/2026 03:02:54 PM being 50 feetfrom the center of said rightofway;thence North 20°31'West along said rightof way 414.7 feet,more or less,tothe North lineofsaidSouthwest Quarter ofthe Northwest Quarter,thence West along saidNorth line457.3 feet,more or less,tothe place of beginning.As previouslydescribed inWarranty Deed recorded inFilm 9,page 845. PARCEL II: That portionofthe abandoned Chicago,Milwaukee,St.Paul and PacificRailroadCompany's rightofway located inSection 5,Township 2 South,Range 6 East,P.M.M.,GallatinCounty, Montana,which isadjacent tothatparceldescribed in"ExhibitA"attached hereto,and which islocated between the Southeast boundary line(extended)and the North boundary line(extended)ofsaid parcelas described inExhibit"A".Said rightofway being as shown on thatcertainrightofway and trackmap filedSeptember 25,1985 at 11:57 A.M.under Permanent FileNo.770-C inthe officeofthe Clerk and Recorder forGallatinCounty, Montana. "EXHIBIT A" Allthatportionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South of Range Six(6)East of Montana Meridian lyingNorthwest ofthe centerlineofthe County road and Southwest ofthe rightofway ofthe GallatinValley RailroadCompany and more fullydescribed as follows,to-wit: Beginning atthe Northwest corner ofsaid Southwest Quarter of Northwest Quarter (SW¼NW¼)ofsaidSection 5;thence South along the West lineofsaidSection 1006.2 feet, more or less,tothe centerlineCounty road;thence North 44 1/2°East 868.2 feet,more or less,toWesterly lineright-of-wayGallatinValleyRailroadCompany,said linebeing 50 feet from center rightofway;thence North 20°31'West along said right-of-way414.7 feet,more orless,to North linesaidSouthwest Quarter Northwest Quarter;thence West along said North line457.3 feet,more or less,place beginning. AllParcelIIpreviouslydescribed Quit Claim Deed recorded Film 90,page 1210. PARCEL V: A tractofland inthe NW¼ofSection 5,and the NE¼ofSection 6,Township 2 South,Range 6 East,P.M.M.,GallatinCounty,Montana,and particularlydescribed as follows:Beginning at the E¼corner ofSection 6,thence South 88°54'59"West along the South lineofthe NE¼of Section 6,a distance of329.58 feetto a pointon the centerlineofa County Road;thence North 44°23'01"East,on and along said centerline,a distance of 1,142.18feet;thence South LSTREET ANNEXATION AGREEMENT 19 2874241 Page 20 of 31 04/08/2026 03:02:54 PM 3°45'18"East,a distance of801.90 feetto a pointon the South lineofthe NW¼ofSection 5; thence South 88°54'59"West,on and along saidSouth line,a distance of 522.00 feetto the truepointofbeginning according to Survey recorded inFilm20 page 376. IN CONSIDERATION ofreceivingapproval forannexation of the 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 L Streetforstreetand transportationimprovements includingdesign and engineering,paving and subsurface improvements,curb and gutter,sidewalk and stormwater drainagefacilities,and fiberopticconduit for: a.Streetimprovements to L Streetfrom North Wallace Avenue to StoryMillRoad including design and engineering,paving and subsurface improvements,curb and gutter,sidewalk and stormwater drainage facilities,and fiberopticconduit. b.Streetimprovements to StoryMillRoad from L Streetto BridgerDriveincludingdesign and engineering,paving and subsurface improvements,curb and gutter,sidewalk and stormwater drainagefacilities,and fiberopticconduit. c.Street improvements to North Wallace Avenue from L Street to East Tamarack Street includingdesign and engineering,paving and subsurface improvements,curb and gutter, sidewalk and stormwater drainage facilities,and fiberopticconduit. 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/channelization,paving,curb/gutter,sidewalk,and storm drainage. Landowner agreesthe Cityhas the solerightto controlthedesign 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, L STREET ANNEXATION AGREEMENT 20 2874241 Page 21 of 31 04/08/2026 03:02:54 PM the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creation of the districtbe assessed inresponse to a duty passed resolutionof intentionto create one or more specialimprovement districtswhich would includethe above-described property. Inthe event a SID isnot utilizedforthe completion ofthese improvements,the developer agrees to participateinan alternatefinancingmethod forthe completion of said improvements on a fairshare,proportionatebasis as determined by the Cityon the basisofthe square footage of property,taxable valuation of the property,trafficcontributionfrom the development or a combination thereof. Thiswaiver ismade forthe benefitofthe propertydescribed herein shallbe a covenant running with the land. The terms,covenants and provisionsof thiswaiver shallextend to,and be bindingupon the successors-in-interestand assignsofthe Landowner. L STREET ANNEXATION AGREEMENT 21 2874241 Page 22 of 31 04/08/2026 03:02:54 PM DATED this day of Feb ,2026. LANDOWNER Idaho Pole Cornpan By: Title:,Á9S I-Z 9 STATE O ) :ss COUNTY OF 10J ) On this IY day of ,2026,before me,the undersigned,a Notary Public forthe State of Montana,personally appeared ,(Qbf LQ /known to me to be the ,ofIdaho Pole Company,known to me to be the landowner thatexecuted the within instrument,and acknowledged to me that they executed the same for and on behalf of landowner. INWITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day and year firstabove written. (SEAL) (PrintedName Here) Notary Pub forth State MICHELLEAROOF ResidingatNOTARYPUBLIC-STATEOFWASHINGTON ist IbMYCOMMISSIONEXPIRESAUGUST10,2028 My Commission Expires:,2DLB COMMISSIONNUMBER186880 (Use 4 digitsforexpirationyear) L STREET ANNEXATION AGREEMENT 22 2874241 Page 23 of 31 04/08/2026 03:02:54 PM EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS L STREET ANNEXATION The undersigned owner of the realproperty situated inthe County of Gallatin,State of Montana,and more particularlydescribed as follows: PARCEL 1: Allthat portionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South,Range Six(6)East,Montana PrincipalMeridian,lying Northwest on the center lineofthe County Road known as "L"Streetand Southwest ofthe rightofway ofthe GallatinValleyRailroadCompany and more particularlydescribed as follows: Beginning atthe Northwest Corner ofthe Southwest One-quarter ofthe Northwest One- quarterofsaidSection Five(5),thence North 88°53'44"East on and along the Northlineofthe Southwest One-quarter ofthe Northwest One-quarter (SW¼NW¼)a distance of457.03 to the Southwesterly rightofway ofthe GallatinValleyRailroad.Thence South 21°17'24"East on and along saidrightofway,a distance of414.70 feet,tothe centerlineofthe County Road known as "L"Street. Thence South 43°45'36"West on and along the centerlineofthe County Road,known as "L" Street,a distanceof869.07 feetto the West lineofsaid Northwest One-quarter (NW¼). Thence North 00°22'00"West on and along saidWest line,a distanceof 1005.23 feetto the pointofbeginning.According to Platrecorded inFilm9,page 847.Said ParcelIalso described invariousdocuments ofrecord as follows: Allthatportionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South of Range Six(6)East of Montana Meridian,lyingNorthwest ofthe centerlineofthe County Road,and Southwest ofthe rightofway ofthe GallatinValley RailroadCompany and more fullydescribed as follows,to-wit: Beginning atthe Northwest corner of saidSouthwest Quarter of Northwest Quarter (SW¼NW¼)ofsaid Section 5;thence South along the West lineofsaid Section 1006.2 feet, more orless,to the center ofthe County Road;thence North 44°East 868.2 feet,more or less,tothe Westerly lineofthe rightofway ofthe GallatinValleyRailroadCompany,saidline LSTREET ANNEXATION AGREEMENT 23 2874241 Page 24 of 31 04/08/2026 03:02:54 PM being 50 feetfrom the center ofsaid rightofway;thence North 20°31'West along saidrightof way 414.7 feet,more or less,tothe North lineofsaidSouthwest Quarter ofthe Northwest Quarter,thence West along said North line457.3 feet,more or less,tothe place of beginning.As previouslydescribed inWarranty Deed recorded inFilm 9,page 845. PARCEL II: That portionofthe abandoned Chicago,Milwaukee,St.Paul and PacificRailroadCompany's rightofway located inSection 5,Township 2 South,Range 6 East,P.M.M.,GallatinCounty, Montana,which isadjacent tothatparceldescribed in"ExhibitA"attached hereto,and which islocated between the Southeast boundary line(extended)and the North boundary line(extended)ofsaid parcelas described inExhibit"A".Said rightofway being as shown on thatcertainrightofway and trackmap filedSeptember 25,1985 at 11:57 A.M.under Permanent FileNo.770-C inthe officeofthe Clerkand Recorder forGallatinCounty, Montana. "EXHIBIT A" Allthatportionofthe Southwest Quarter ofthe Northwest Quarter (SW¼NW¼)ofSection Five(5),inTownship Two (2)South of Range Six(6)East of Montana Meridian lyingNorthwest ofthe centerlineofthe County road and Southwest ofthe rightofway ofthe GallatinValley RailroadCompany and more fullydescribed as follows,to-wit: Beginning atthe Northwest corner ofsaid Southwest Quarter of Northwest Quarter (SW¼NW¼)ofsaidSection 5;thence South along the West lineofsaidSection 1006.2 feet, more or less,tothe centerlineCounty road;thence North 44 1/2°East 868.2 feet,more or less,to Westerly lineright-of-wayGallatinValleyRailroadCompany,said linebeing 50 feet from center rightofway;thence North 20°31'West along said right-of-way414.7 feet,more or less,to North linesaid Southwest Quarter Northwest Quarter;thence West along said North line457.3 feet,more or less,place beginning. AllParcelIIpreviouslydescribed Quit Claim Deed recorded Film90,page 1210. PARCEL V: A tractofland inthe NW¼of Section 5,and the NE¼ofSection6,Township 2 South,Range 6 East,P.M.M.,GallatinCounty,Montana,and particularlydescribed as follows:Beginning at the E¼corner ofSection 6,thence South 88°54'59"West along the South lineofthe NE¼of Section 6,a distance of 329.58 feetto a pointon the centerlineofa County Road;thence North 44°23'01"East,on and along said centerline,a distance of 1,142.18 feet;thence South LSTREET ANNEXATION AGREEMENT 24 2874241 Page 25 of 31 04/08/2026 03:02:54 PM 3°45'18"East,a distance of 801.90 feetto a pointon the South lineofthe NW¼ofSection 5; thence South 88°54'59"West,on and along said South line,a distance of522.00 feettothe truepointofbeginningaccording to Survey recorded inFilm20 page 376. IN CONSIDERATION of receivingapproval forannexation of the subjectpropertyfrom the City of Bozeman,along with accompanying rightsand privilegesand for other valuable consideration,the receipt of which is hereby acknowledged,and in recognition of the transportationimpacts to: a.Intersectionimprovements to East Tamarack Streetand North Wallace Avenue including lighting,signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. b.Intersectionimprovements to L STREET and the railroadright-of-wayincludinglighting, signalization/channelization,paving,curb/gutter,sidewalk,path 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 righttoprotestthe creationofone or more specialimprovement districtsforthese intersectionsincludinglighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. Landowner agrees the Cityhas the solerighttocontrolthedesignand 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 of the districtbe assessed inresponse to a duly passed resolutionof intentionto create one or more specialimprovement districtswhich would includethe above-described property. Inthe event a SID isnot utilizedforthe completion ofthese improvements,the developer agrees to participatein an alternatefinancingmethod forthe completion of said improvements LSTREET ANNEXATION AGREEMENT 25 2874241 Page 26 of 31 04/08/2026 03:02:54 PM on a fairshare,proportionatebasis as determined by the Cityon the basis ofthe square footage of property,taxable valuation of the property,trafficcontributionfrom the development or a combination thereof. This waiver ismade forthe benefitof the property described herein shallbe a covenant runningwiththe land. The terms,covenants and provisionsofthiswaiver shallextend to,and be binding upon the successors-in-interestand assigns ofthe Landowner. L STREET ANNEXATION AGREEMENT 26 2874241 Page 27 of 31 04/08/2026 03:02:54 PM DATED thisŸday of Feb suo/,2026. LANDOWNER Idaho Pole Company By:he AA LeBrv Title:SA f-.(fn g S-ac STATE OF COUNTY OF ) On this day of ,2026,beforeme,the undersigned,a Notary Public forthe State of Montana,personallyappeared known to me to be the 1Yþ ofIdaho Pole Company,known to me to be the landowner thatexecuted the within instrument,and acknowledged to me thatthey executed the same forand on behalf of landowner. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (SEAL) 192 le A.Rd & (PrintedName Here) Notary Publicforth Stateof MICHELLEAROOF Residingat ÎRTCO l1)ANOTARYPUBUC-STATEOFWASHINGTON MYCOMMISS10NEXPIRESAUGUST10,2028 My Commission Expires:-Å . COMMISSIONNUMBER186880 (Use 4 digitsforexpirationyear) L STREET ANNEXATION AGREEMENT 27 2874241 Page 28 of 31 04/08/2026 03:02:54 PM EXHIBIT "C" NOTICE OF INSTITUTIONAL CONTROLS IN CONSIDERATION of receivingapproval forannexation of the property subject to this agreement from the CityofBozeman,along with accompanying rightsand privilegesand forother valuable considerations,the receiptof which is hereby acknowledged,the City of Bozeman identifieditems to be noticedforcurrentand allfuturepropertyowners thatinclude: 1.The subjectpropertyislocatedwithinthe Idaho Pole Co.Superfund Site. a.Landowner is advised to review the following documents discussing rules and regulationswithin the superfund site.Links can also be found inthe infrastructure viewer under Economic Development. FrequentlyAsked Questions forRedevelopment ofthe Idaho Pole Site: https://www.bozeman.net/Home/ShowDocument?id=10586 Declarationof InstitutionalControls (Document #2591158) https://www.bozeman.net/Home/ShowDocument?id=10592 ControlledGround water FinalOrder #41H-114172,December 4,2001 https://www.bozeman.net/Home/ShowDocument?id=10594 b.Landowner must conform toallrulesand regulationsestablishedwithinthe superfund site.The applicantisresponsibleforallpermittingapplicabletothe superfund site. c.During the future development process,the developer needs to coordinate with Environmental ProtectionAgency (EPA)and Montana Department of Environmental Quality (MDEQ)to ensure compliance with the Superfund remedy including the L STREET ANNEXATION AGREEMENT 28 2874241 Page 29 of 31 04/08/2026 03:02:54 PM InstitutionalControls (ICs)outlinedabove,and ifneeded,the developer willneed to submit a soilmanagement plan to EPA and MDEQ forapproval.The developer willalso need approval from other state and federalagencies,as needed,depending on the nature and locationof development.Additionally,the UnilateralAdministrativeOrder (UAO)requiresIdaho Pole Co.to provide a copy of thisUAO to allprospective owners or successors before a controllinginterestin assets,property rights,or stock is transferredto the prospective owner or successor.Ifa developer wants to change a component of the remedy,such as diggingup and removing waste,EPA and MDEQ would need to be involved and a remedy change considered,and signed,possibly includingpublicinput. d.Any futuredevelopment (construction,utilities,etc.)requireswrittenapproval from EPA and MDEQ outliningconditionsofapprovat includinga soilmanagement plan.The applicantmust providewrittenapproval from the EPA and MDEQ outliningconditions ofapproval with the futuredevelopment application. e.A Controlled Groundwater Area (CGA)was issued by the Montana Divisionof Natural Resources in2001 that restrictsgroundwater use forany purpose,except as provided inthe remedialaction oras otherwise authorizedby EPA and MDEQ.Recorded land use restrictionsinclude the following covenants,conditions and restrictions(among others)thatrunwiththe land:No excavationto saturatedsoilorgroundwater withinthe CGA without a soilmanagement plan approved by EPA and MDEQ. LSTREET ANNEXATION AGREEMENT 29 2874241 Page 30 of 31 04/08/2026 03:02:54 PM With the -future development application,Landowner must provide elevations and locationsof saturated soiland groundwater and reportallexcavations that willimpact these areas 2.Any futuredevelopment on the subjectpropertywillbe evaluated by the Cityto ensure that proposed development and land uses inthe applicationare consistentwith permissible uses forthisbrownfield land under the EPA document to protect health,welfare,and safety.The EPA imposed InstitutionalControls on Real Property,Document No.2554371, or amended.Priorto approval of any development applicationto the City of Bozeman, revisionsto the Restated and Amended Declaration of InstitutionalControls on Real Property,Document No.2554371,or amended,may be required.Without supplying it, revisingthe institutionalcontrolsas allowed by the EPA priorto submittingapplicationfor development the applicantriskssevere delays inreview oftheirprojectorpossibledenial. 3.Landowner isadvised the presence ofwetlands on siterequiresa wetland delineationand functional assessment that has been completed during the last 5 years.Regulated activitieswithinwetlands are subject to the requirements of BMC 38.610 and as may be amended.With a future development application,Landowner must include the delineationof present wetlands,and proposed alterationsand any mitigationand buffers required and proposed.Landowner must demonstrate thatany adverse impact has been minimized or mitigatedinregardsto key plant,animal,orother wildlifespecies described inBMC 38.610.080 4.Landowner is advised,a trafficimpact study (TIS)will be required with a future development application.The TIS willneed to evaluate emergency servicesaccess during L STREET ANNEXATION AGREEMENT 30 2874241 Page 31 of 31 04/08/2026 03:02:54 PM the event a trainisblockingthe railroadcrossingand ensure L STREET /StoryMilliscapable of handling emergency services vehicles.Landowner should work with the City's engineering department as well as emergency services given the complexity of traffic patternsassociated with the railroadcrossings 5.Landowner isadvised,with futuredevelopment the developer willbe responsibleforoff- sitewater and sewer main extensions to service the development.While the subject development iswithin the City of Bozeman master planned service area forwater and sewer utility,the Citydoes not currentlyhave any planned water and sewer servicearea expansion work in thisarea in the near-term future.The City willdetermine available existingwater and sewer systems capacityforthe projectatthe time offormal application forreview ofthe proposed development,and capacitywillonlybe allocatedupon siteplan approval or preliminaryplatapproval.The Cityreservesthe rightto requireon and off-site capacity improvements as a conditionofdevelopment review and approval per Bozeman Municipal Code.Privateliftstationsare generallynot allowed withinthe CityofBozeman. 6.Landowner is advised future water mains must be looped to ensure adequate water pressure and fireflows per DCS Chapter 4.2.8. 7.Landowner is advised that ensuring compliance with all noted items and allother standards applicableto futuredevelopment isthe responsibilityof Landowner. ****END OF NOTICE **** L STREET ANNEXATION AGREEMENT 31