HomeMy WebLinkAboutVoluntary Petition for Annexation into the City Genesis Business Park Final 5 27 26
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City of Bozeman
Attn: City Clerk
PO Box 1230
Bozeman, MT 59771-1230
BEFORE THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
VOLUNTARY PETITION FOR ANNEXATION TO CITY OF BOZEMAN,
COMMITMENT FOR THE GRANTING OF RIGHT-OF-WAY,
AND PETITION FOR INITIAL CITY ZONING
COME NOW the undersigned (the "Petitioners") and hereby respectfully petition the City
Commission of the City of Bozeman (the "City") on this 22 day of July , 2026, to
annex to the City the following real property pursuant to §7-2-4601 et seq., MCA, commit to the
granting of right-of-way along Stucky Road, and for initial City zoning upon annexation:
Genesis Business Park Subdivision, plat reference J-284 located in the NE Corner of
Section 23, T2S, R05E, Gallatin County, Montana, including the 27 original lots or
their amended plat derivatives.
The properties included in this petition for annexation (the "Petition") are depicted on Exhibit A
and listed on Exhibit B. These properties are herein referred to the "Genesis Business Park" or
"GBP".
The Petitioners seek to connect their sewer collection system to the City's sewer collection system.
As such, Petitioners, on behalf of themselves and their successors and assigns, request to be
annexed to the City and to have the City design and construct a new sewer connection to the GBP's
sewer collection system.
Petitioners also acknowledge the City is developing a project to fund a new water main connection
along Discovery Drive within the GBP to connect Family Promise to the City's water supply
system for potable water and for fire suppression. Petitioners represent they will take no action to
impede the City's efforts and will take all actions and steps necessary to support the installation of
a water main in Discovery Drive. Water main installation in Discovery Drive will include fire
hydrants at City standard spacing along the water main extension,which will include a fire hydrant
Genesis Business Park Petition for Annexation,Zoning,and Commitment to Granting of Right-of-Way
Page 1 of 10
Final 5 27 26
at the intersection of Discovery Drive and Arnold Street and a hydrant adjacent to the Family
Promise property.
Petitioners hereby request the City establish City zoning of 132M on all properties included in this
Petition.
Petitioners hereby commit to grant the City additional right-of-way along the south side of Stucky
Road as described herein.
This Petition is submitted pursuant and subject to Montana law, City policies and regulations, and
the City's annexation and provision of service policies.
The Petitioners hereby request annexation under the following conditions:
1. Petitioners recognize §7-13-4314,MCA,and§ Sec. 40.03.1380,Bozeman Municipal Code
(BMC), provide that any person, firm, or corporation receiving sewer or water service
outside of the incorporated city limits may be required by the City, as a condition to initiate
or extend such service, to consent to annexation of the property. In addition, Petitioners
recognize City Commission Resolution 2025-07 requires annexation of all land that will
use municipal water or sanitary sewer systems. As such, the Petitioners consent and agree
to annexation to the City and waive all rights of protest to said annexation including waiver
of the right to protest annexation proceedings, and the manner and nature of the City's
provision of City services.
2. Except as related to the City's efforts to install a water main in Discovery Drive for
purposes of connecting Family Promise to the City's water supply for Family Promise's
potable water supply needs, Petitioners desire to retain ownership, maintenance, and
operation of its current potable water supply system. Petitioners recognize that should a
property owner within the GBP desire to develop their property after annexation, such
owner acknowledges they will be subject to City development regulations and policies in
place at the time of submission of an application for development. Should such application
require connection to the City's water supply system, the owner of such property will be
subject to making such improvements including all related costs.
3. Petitioners represent the GBP has adequate pedestrian infrastructure, including sidewalks.
Petitioners acknowledge redevelopment of a property within GBP may require replacement
or improvements to existing infrastructure including but not limited to curbs, gutters,
sidewalks, and other multi-modal transportation infrastructure. Petitioners acknowledge
the City Commission may, pursuant to Chapter 34, Article 4, Bozeman Municipal Code,
and Montana law, order the repair or construction of sidewalks after annexation.
Genesis Business Park Petition for Annexation,Zoning,and Commitment to Granting of Right-of-Way
Page 2 of 10
Final 5 27 26
4. Each Petitioner represents they are the lawful owners in fee of real property included in the
GBP as listed on the attached signature sheets (Exhibit C) and that they have the authority
to and do hereby bind all other owners of their real property to this Petition. The Petitioners
recognize the above includes consent to annexation and they each voluntarily waive their
rights to protest all matters pertaining to: (i) annexation to the City; and(ii)the application
of municipal zoning.
Petitioners recognize the above consent and waivers are made voluntary and in
consideration for the City annexing the property, providing municipal services, and
agreeing to construct certain wastewater collection infrastructure to accept wastewater
from the Petitioners. The Petitioners consent to the City's construction of wastewater
collection infrastructure. The Petitioners recognize this consent and waiver includes all
procedures related to annexation.
5. In recognition of the protest thresholds provided for in§7-2-4601,MCA,Petitioners hereby
represent this Petition contains the signatures of more than 50% of the resident electors
owning real property within the Genesis Business Park and that the Petition contains the
signatures of the owner or owners of real property representing 50% or more of the total
area to be annexed.
6. Petitioners represent that none of the properties owned by them individually is used in
whole or in part for agricultural,mining,smelting,refining,transportation,or any industrial
or manufacturing purpose or for any purpose incident to those uses and if any property is
used for the above listed uses, the owner of such property waives their right to protest
annexation on the basis of such use and consents to annexation.
7. By filing this Petition,Petitioners agree that, upon annexation,the City will make available
to the GBP existing City services only to the extent currently available to and in the same
manner as said services are made available to other residents of the City. Petitioners
acknowledge that after annexation, Petitioners will be subject to all city laws,policies, and
taxes and assessments, and should a property owner redevelop a property within GBP, the
owner will be subject to all City requirements in place at the time of submission of an
application for development. Petitioners further acknowledge that nothing herein will bind
the City in reviewing a development application from requiring improvements due to
public health and safety issues including future adjustments to GBP's fire suppression
infrastructure.
8. At the time of annexation,all owners of real property within the GBP must pay impact fees
pursuant to Chapter 2, Article 6, Division 9, Bozeman Municipal Code and the City's
Genesis Business Park Petition for Annexation,Zoning,and Commitment to Granting of Right-of-Way
Page 3 of 10
Final 5 27 26
adopted impact fee rates and schedules in place at the time of annexation. The impact fees
Petitioners agree to pay include those for fire protection and emergency medical services
("Fire Impact Fees"), and an impact fee for wastewater collection and treatment
("Wastewater Impact Fees").
9. At the time of annexation, all owners of real property within the GBP must pay fees
pursuant to the Meadow Creek Sanitary Sewer Improvement Payback District(recorded as
document number 2843200 in the records of the Gallatin County Clerk and Recorder) and
fees pursuant to the Meadow Creek Traffic Signal Improvements Payback District
(recorded as document number 2843199 in the records of the Gallatin County Clerk and
Recorder).
10. The Petitioners request the City, in annexing the GBP, to allow the GBP to continue to
access potable water through the existing GBP water supply. GBP's water supply and
distribution system will continue to be owned, maintained and operated by GBP. The
Petitioners further acknowledge owners of property within the GBP may seek, after
annexation, to redevelop and also rely on GBP's water supply for potable uses. Petitioners
request the City authorize annexation of the GBP with the understanding that if GBP's
water supply or existing water rights are not at any time adequate to serve existing
development or adequate to serve redevelopment, the owner(s) seeking further
development may request the City connect the owner's property to the City's water system.
If such connection is requested, the Petitioners recognize all costs related to connection,
including design, engineering, and construction, along with any connection fees such as
additional impact fees, costs related to compliance with the City's water adequacy
requirements, or additional fees assessed pursuant to the Meadow Creek Water
Improvements Payback District (recorded as document number 2843198 in the records of
the Gallatin County Clerk and Recorder), will be the responsibility of the owner seeking
connection and must be paid prior to connection to the City's water supply.
11. The Petitioners acknowledge and agree, prior to the City accepting sewer service from the
GBP, all property owners within the GBP must allow the City, at the property owner's
expense, to install City standard water meters on each property's water supply line, to
enable the City to bill each property within the GBP for sewer service pursuant to the sewer
rates established by the City. Petitioners acknowledge the annual sewer rates are billed by
the City based on winter water use measurements. In addition, the Petitioners recognize
that at the time of connection of the GBP sewer collection system to the City's sewer
system, Petitioners will be subject to all rules, policies, obligations, and duties related to
the use of the City's wastewater system as all other properties in the City and as such
Petitioners voluntarily submit themselves to the same. City will work with the GBP water
utility to share the water meter data for GBP water billing purposes.
Genesis Business Park Petition for Annexation,Zoning,and Commitment to Granting of Right-of-Way
Page 4 of 10
Final 5 27 26
12. Subsequent to the submittal of this Petition and prior to annexation of the GBP for any
transfer of a legal interest in a property located within the GBP, the current owner must
ensure the deed or instrument of conveyance granting an ownership or other legal interest
in the property contain the following consent to annexation and waiver:
"The Grantee hereby covenants and agrees that, with respect to the property described
herein, acceptance of this deed constitutes a voluntary waiver of the right of protest
annexation to the City of Bozeman as stated in the Voluntary Petition for Annexation
to the City of Bozeman, Commitment for the Granting of Right-of-Way, and Petition
for Initiatl City Zoning as recorded in the records of the Gallatin County Clerk and
Recorder.
This consent to annexation and waiver shall run with the land and shall forever be
binding upon the Grantee, the Grantee's transferees, successors and assigns."
13. The Petitioners request, upon annexation, the City Commission adopt B2M zoning for the
real property included in this Petition as shown on Exhibit D.
14. Petitioners acknowledge and commit that the owners of Lots 1, 11, 12, 18, and a portion
of the Parks and Pond Parcel of the Genesis Business Park subdivision must provide the
City five (5) feet of additional right-of-way on the north side of each parcel for future
improvements to Stucky Road. Such right-of-way must be granted commensurate with
approval of a resolution of annexation and may be granted pursuant to an easement
acceptable to the City. Petitioners represent that upon the City accepting GBP's wastewater
as described herein,GBP will ensure the release of the existing drain field easement for the
locations where additional right-of-way that must be provided to the City for Stucky Road
overlaps with the existing drain field easement. GBP will provide evidence to the City of
all state or local authorizations necessary to release the drain field easement and an
executed and recorded release.
15. Petitioners will, upon the commencement by the City of acceptance of wastewater from
the Genesis Business Park, transfer ownership to the City of all wastewater infrastructure
required by the City to be transferred and in a form acceptable to the City. This includes
the sanitary sewer mains, manholes, and sanitary sewer services from the sewer main to
the property line of each property already existing in the GBP. Petitioners will provide
record drawings of the sanitary sewer infrastructure to the City for purposes of ensuring
utility locate services and mapping services can be accomplished through City's standard
practices. Petitioners recognize the City is responsible for maintenance of the sewer mains
and the individual sewer service line only where the service line is located within a right-
of-way.
Genesis Business Park Petition for Annexation,Zoning,and Commitment to Granting of Right-of-Way
Page 5of10
Final 5 27 26
16. Petitioners acknowledge and accept all future and past liability for issues related to the
Petitioner's current wastewater treatment system and shall indemnify the City from all
liability, including regulatory liability, in any way connected with or arising from the
Petitioner's treatment of wastewater prior to the City accepting GBP's wastewater.
Petitioner must meet the requirements of the Montana Department of Environmental
Quality for decommissioning the GBP's wastewater treatment system.
17. Petitioners understand that annexation must be completed prior to the City taking any
action in relation to the design and construction of the wastewater connection.
18. This Petition is binding upon the Petitioners' heirs, successors, administrators, executors,
personal representatives, and assigns.
19. The signed and executed version of this Petition along with all signature sheets as provided
for in Exhibit C shall be filed with the office of the Gallatin County Clerk and Recorder.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Genesis Business Park Petition for Annexation,Zoning,and Commitment to Granting of Right-of-Way
Page 6 of 10
Exhibit A(Boundaries of Property Subject to Petition) Final 5 27 26
GENESIS BUSINESS PARK SUBDIVISION EXHIBIT
SHOWING EXISTING LOT LAYOUT
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,
PRINCIPAL MERIDIAN MONTANA,GALLATIN COUNTY,,MoNTANA
rnm:r.n...r..a•
s 39'1s'05"e STUCKI' ROAD 1174.01 _
-.. rto..5.. 5 39•1606-E 601.51' ' -
✓J
°.O.OJj 28T.02' j <Z 287.52'
Lot I
0.55 acre
.»orwY
Lot 18&19 ` Lot 10A
AGGREGATED I 1.87 acres Lot 2
1.64 acres i G des _ 0.90 acres
Lot I2A �^
egg 3.03 acres ii L
o Y
Lot 3
_ Lot 20 J j 0.87 acres ...w,.9,,.......=r+
0.76 acre
.wmwY -
a
Lot BA
1.95 acres g Lot 4
Lot 21 0.85 acra _
0.91 acra - Lot 15 _
0.98 acres $ s
4
Q Lot 7
1.11 acra
ns- j
Lot SA
Lot 22 - - °>4 2.10 acres
0.89 acres _
Lot 16A a°
2.19
C'
Lot 23 - tiSa 1soj A.,
0.74 acres
CURVE TABLE
CURVE LENGTH RADIUS DELTA
t 24 C1 70A0 120.00 33'36'5r
Lot 03'
0.Lo a24 - _ -r C2 118.09 120.00 66'23'
$ `:i%i+'�i::i C3 35.28 180.00 11.13.52-
$ - C4 70,32 180.00 22'23'OV
_ Lot 26 Lot 27 T-"°•">"r° C5 74.34 t80.00 23'375W
1.32 acra 1.53 acra C6 102.79 180.00 32.4313-
Lot 25 m g
0.77 acra A. LINE TABLE
LINE LENGTH REARING
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,3v m• 23f.T1 _ L2 41.97 588'0239'E
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L6 27.98 S68'IY33W
L7 104.51 NOOTY00M
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L13 105.47 S56'49155-E
L14 108.83 S56'4955'E
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L16 43.36 N49'IW14'W
L17 168.10 N00'2875'W _-
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1-19 104.69 N00'W'00'W
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Genesis Business Park Petition for Annexation.Zoning,and C'ormnitanent to Granting Of Right-Of-Way
Page 7 of 10
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Final 5 27 26
Exhibit C
I
Signature Page for Genesis Business Park Petition for Voluntary Annexation to the City of
Bozeman, Commitment for the Grant of Right-of-Way, and Initial Municipal Zoning
The undersigned person(s), being the owner of Lot Z5 in the Genesis Business Park
Subdivision, located in Section 23,Township 2 South, Range S East,Gallatin County Montana, as
recorded with the Gallatin County Clerk and Recorder, on behalf of themselves and their
successors and assigns, hereby represent they are authorized to bind the property to this Petition,
approve the foregoing Petition related to the annexation of his/her/their/its property in the City of
Bozeman, commitment for the granting of right-of-way for Stucky Road, and for initial municipal
zoning. `
DATED this d 4-day of 20-�6
Printed name:
STATE OF
ss.
County of Gac(a44 r >
On this �a day of 20216, before me, the undersigned, a Notary Public
in and for the State of drinA4&&ng ,personally appeared /'1ar1SS4 ��'�tt'Kc,,,1e ,known
to me and acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
fast above written.
HARLEY REUBEN GEOGHEGAN
�,y•�,,,�,��,� NOTARY PUB
LIC for the Notary Public for the State of: /*1o^4ip1'"t
SEAL J� s STATE OF MONTANA Printed Name:Pdck Q- (7w C v
k" Residing In Bozeman,Montana
`v�j•, ,
's�oFi►�A:v' MyFebruary�20 0� Residing at: 1�`t N, l�tt !w►z„ 4�< <`+T ;��i�
My Commission Expires: e 4a r- 1� C
Genesis Business Park Petition for Annexation,Zoning,and Conunitmeut to Granting of Right-of= Yap
Page 9 of 10
PinA 5 27 26
Exhibit D (Requested Zoning)
GENESIS BUSINESS PARK SUBDIVISION EXHIBIT
SHOVING EXISTING LOT LAYOUT
LOCATED IN THE NORTHEAST ONE-QUARTER OF SEC1'ION 23,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,
PRINCIPAL MERIDIAN MONTA.NA,GALLATIN COUNTY.\IONTANA
Requested Zoning B21M in area shaded blue
--- r oE�r , ,.
- --- -- - ---- --- --- - - - --- ---- - -----------
STULhI ROAD ' `
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AGGRGGATLD L87_-:e., -
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-- 4 �///"' CURVE TABLE
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12
,rvE;. CURVE JLENGTHI RADIUS I DELTA
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5B'23'03'11'13'52'22'23tlSI�'�-'I� i'ii24 23'39'50'
I..i:l acres 180.00 32'43'13'
Lures
II.77:cre r,
LINE TABLE
- - - LINE LENGTH HEARING
L1 18.83 N00.00'00W
L2 41,97 S58'02'39'E
-3'a1'7; -".,z- L3 125.40 503'1516'E
L4 132.57 NO2.43'06'E
LS 40A7 322009'03W
L6 27.98 S6B'13'33W
1.7 W04.51 N001001001W
L8 58.90 S35'31'S9'E
L9 152.84 NO1'06.40'E
L10 MOO N91'06'40'E
L71
53
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50 N00
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Genesis Business Park Petition for Annexation,Tuning.and Commitment it)Granting of Right-of-Nay
Page III of 10