HomeMy WebLinkAbout06- State Lands East Annexation Agreement
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City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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STATE LANDS EAST ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this ,Y"- day of ~~ , 200 ~
by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the
State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter
referred to as "City", and the State of Montana, Department of Natural Resources and
Conservation, 8001 North Montana Avenue, Helena, Montana 59602 hereinafter referred to as
"Landowner" .
WITNESSETH:
WHEREAS, the Landowner is owner in fee of certain real property, hereinafter referred to as
the "STATE LANDS EAST ANNEXATION", situated in Gallatin County, Montana, and more
particularly described as follows:
A tract of land being the SW Y<i of Section 36, less the Lewis & Clark Commercial
Subdivision, Plat J-376, less Minor subdivision 320, Lot 1 and including Tract 2,
COS 1723 and the W1I2, SE1I4 of Section 36, less the Gordon Mandeville State
School Section Subdivision, T1 S, R5E, PMM, Gallatin County along with adjacent
public streets.
Said tract contains 206 acres, more or less, along with and subject to all easements of
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record or apparent on the ground.
Shelley Vance-Gallatin Co MT MISC
160 00
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract;
and
WHEREAS, the STATE LANDS EAST ANNEXATION is not within the corporate limits of
the City or other municipality but is contiguous to the City and may therefore be annexed to the City
in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the STATE LANDS
EASTANNEXATION pursuantto Section 7-2-4301, etseq., M.C.A., will entitle the said property to
City services, including municipal water and sewer service, upon their availability; and
WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner can agree
to the provision of services to the area to be annexed; and
WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaries; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the STATE LANDS EAST ANNEXATION;
and
WHEREAS, all parties recogmze that the development of the STATE LANDS
EAST ANNEXA TIQN will impact Mandeville Lane, Wheat Drive, Red Wing Drive, Flora Lane, N.
7th Avenue, and will require additional public street improvements for traffic circulation; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory
and dependable water supply or service available to furnish water and provide traffic circulation for
development near and within the STATE LANDS EASTANNEXATION; and
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WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply and traffic circulation pattern for the City as it now
exists and as it is reasonably expected to enlarge; and
WHEREAS, the securing of an adequate water supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto; and
WHEREAS, the parties have determined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety and welfare of the community to enter into
and implement this Agreement.
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the STATE LANDS
EAST ANNEXATION with the City. The City, on April 18, 2005, adopted a Resolution ofIntent to
Annex the STATE LANDS EAST ANNEXATION. By execution of this Agreement, the City has
manifested its intention to annex the STATE LANDS EAST ANNEXATION tract pursuant to the
terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the
City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the STATE
LANDS EAST ANNEXATION to the City. Further, upon the execution of this Agreement, the
Landowner shall do all things necessary and proper to aid and assist the City in carrying out the
terms, conditions and provisions of this Agreement and effectuate the annexation of the STATE
LANDS EAST ANNEXATION tract to the City. Landowner agrees to sign and return this
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agreement along with accompanying map and easements not later than May 16, 2006. The
annexation shall include the right-of-way for Flora Lane and those portions of Mandeville Lane
adjacent to the property.
3. Services Provided
The City will, upon annexation, make available only existing City services to the extent
currently available, including municipal water service, municipal sewer service, police protection,
and fire protection, to the STATE LANDS EAST ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the City's provision of this
service. The term does not contemplate the extension of lines or construction of necessary
improvements at any cost to the City for delivery of water to and within the ST ATE LANDS EAST
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construction, and other costs for the delivery of water to or within the
STATE LANDS EAST ANNEXATION to include, but not limited to, any impact fees, hook-up,
connection, or development charges which may be established by the City. The applicant is further
on notice that prior to development the applicant will be responsible for installing any facilities
required to provide full municipal services to the property in accordance with the City of Bozeman's
infrastructure master plans and all city policies that may be in effect at the time of development.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be
I STATE LANDS EAST ANNEXATION AGREEMENT
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amended, as well as any other terms and conditions which apply to the City's provision of this
service. The term does not contemplate the extension of lines or construction of necessary
improvements at any cost to the City for collection of sewage at and within the STATE LANDS
EASTANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construction, and other costs for the collection of sewage services to or
within the STATE LANDS EAST ANNEXATION to include, but not limited to, any impact fees,
hookup, connection, or development charges which may be established by the City. The applicant is
further on notice that prior to development the applicant will be responsible for installing any
facilities required to provide full municipal services to the property in accordance with the City of
Bozeman's infrastructure master plans and all city policies that may be in effect at the time of
development.
6. Water Rif!hts
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the
anticipated average annual consumption of water by residents and/or users of the
property when fully developed. The fee may be used to acquire water rights or for
improvements to the water system which would create additional water supply
capacity. Except, however, that for any annexation in excess often (10) acres, this
policy shall be carried out prior to final plat approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The STATE LANDS EAST ANNEXATION consists of approximately 206 acres.
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
STATE LANDS EASTANNEXATION, consisting of a totalof206
acres, shall provide water rights or cash-in-lieu at the time the
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Final Plat or Final Site Plan for development is submitted to the
City.
As calculated by the City in accordance with its policy at the time of calculation, the
Landowner or Developer shall provide sufficient cash-in-lieu for each parcel in the annexed area,
upon Landowner's execution of a lease or deed conveying an interest in each parcel within the
annexed area or upon final site plan approval whichever occurs first. The Landowner further
understands that the City will calculate the average annual diversion requirement necessary to
provide water to this annexation tract on the basis of the zoning designation and/or City-approved
development for the property at the time such calculation is made.
7. Comprehensive Water and Sewer Desif!n Report
Prior to or concurrent with a future development proposal of the property, the Landowner
shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design
report evaluating existing capacity of sewer and water utilities. The report must include hydraulic
evaluations of each utility for both existing and post-development demands, and the report findings
must demonstrate adequate capacity to serve the full development of the land. If adequate water
and/or sewer capacity is not available for full development, the report must identify necessary water
system and sewer system improvements required for full development. The Landowner agrees to
complete at Landowner's expense, the necessary system improvements to serve the full development.
8. Future Development
Landowner understands and agrees that adequate municipal services and facilities are not
currently available to much of the area proposed for annexation, and that there is no right, either
granted or implied by the City, for the Landowner to develop any of the STATE LANDS
EAST ANNEXATION until it is verified by the City that necessary municipal services and facilities,
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including but not limited to police and fire protection and road improvements, are available to all or
a portion ofthe STATE LANDS EAST ANNEXATION. Landowner further understands and agrees
that installation of facilities required to provide municipal services to future development shall be
constructed in accordance with the City of Bozeman's infrastructure master plans and all city
policies and standards that may be in effect at the time of development.
9. Impact Fees
Landowner(s) hereby acknowledge that annexation and development of their property will
impact the City's existing street, water, and sewer infrastructure, and fire service capacity. At the
time of any development on the properties, the landowners and their successors shall pay all Fire,
Street, Water and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as
amended, at the time of application for any permit listed in Section 3.24.050A, 3.24.060A,
3.24.070A, or 3.24.080A, respectively.
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection of STATE LANDS EAST ANNEXATION TRACT to municipal
services which are wholly attributable to the property are "project related improvements" as defined
in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact
fee credits.
If Landowner shall default on this condition at the time such is to be performed, and should
default not be remedied or corrected within thirty (30) days after written notice by City to Landowner
of such default, City may at their option:
A. Declare the amounts owing for impact fees immediately due and payable and City
shall have the right and privilege to take legal action against Landowner for the
collection of such sums, including the entry of any judgment. In addition, the City
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may, at its option, enforce payment of such amounts by levying an assessment on the
premIses.
B. Elect any other remedy available to City under the laws of the State of Montana.
C. Any waiver by City of any default shall not be construed as a waiver of any
subsequent default.
D. The Landowner and the City intend and agree that their obligations under this
Agreement are fully contractual in nature, and that the validity of their financial
obligations set forth herein are not dependent upon the validity, application, or
interpretion of any portion of the Bozeman Municipal Code, or any other law.
11. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the STATE LANDS
EAST ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from
the runoff from the public streets must be provided to and approved by the City Engineer at the time
of any future development. The plan must demonstrate that adequate treatment of runoff from the
public streets and all future lots will be achieved by providing spot elevations, flow direction arrows,
detention and/or retention basin details (including basin sizing calculations and basin typical
sections), outlet structure details, and culvert capacity calculations. The plan must also locate and
provide easements for adequate drainage ways within the annexation area to transport treated runoff
to the storm water receiving channel.
12. Traffic Analvsis Report
Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of
future development of any portion of the annexed property.
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13. Waiver of Rif!ht-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage
appurtenances to Wheat Drive, Red Wing Drive Flora Lane, Mandeville Lane, and N lh Avenue and
signalization of the intersection ofN lh Avenue and Mandeville Lane; and have further executed a
Waiver of Right-to-Protest Creation of Special Parks Maintenance Districts. Said Waivers are
attached hereto as Exhibits A and B.
In the event an SID is not utilized for the completion of these improvements, the developer
agrees to participate in an alternative financing method for the completion of said improvements on a
fair share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development, or a combination thereof.
14. Rif!ht-of-Wav/Easement for Future Roadwavs and Trails
Landowner agrees to provide at the time of development, by Public Street or Pedestrian
Easement, the following land to the City of Bozeman for right-of-way purposes, which represent
Landowner's proportionate share of the necessary right-of-way. Said Public Easements will be
dedicated with the filing of final plats or final site plans.
a) That concurrent with further development of the property easements be provided for
a trail along the watercourse which traverses the property from south to north.
b) The applicant shall provide andfile with the County Clerk and Recorder's office a
full 60 foot executed Public Street and utility easement for the future Wheat Drive
extension.
15. Utility Easements
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Landowner understands and agrees that utility easements, a minimum ono feet in width, will
be necessary for the installation and maintenance of water and sewer utility services to the annexed
parcel. The Landowner shall create such easements in locations agreeable to the City during the
appropriate development procedure, but in no event later than the filing of any final plat or site plan
or issuance of a building permit on any of the parcels.
16. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land within the STATE LANDS
EAST ANNEXATION. The parties further agree that the City may file these documents at any time.
17. Payback District.
The STATE LANDS EAST ANNEXATION lies within the Solvent Site Main Payback
District. The repayment of the sum required for the payback shall be paid to the City upon
connection to City services. The sum shall be $0.082 per square foot plus a consumer price index
adjustment.
18. Compliance with Local Ref!ulations.
Any proposed lease on the subject property involving a change of use or division of land
shall be subject to review under local planning, zoning, and subdivision regulations.
19. Fees and Taxes.
The state will require a lessee of any property on the STATE LANDS EAST ANNEXATION
to agree to pay as due all real and personal property taxes including beneficial use taxes assessed
against the lease property and lessee's personal property and equipment installed and located upon
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the leased property, in addition to any special assessments that might be apportioned to the property.
The state understands and acknowledges, as owner of the subject property, that private use of said
property is subject to a "beneficial use" tax as provided in Section 15-24-1201, et. sec.
20. Governinf! Law and Venue
This Agreement shall be construed under and governed by the laws of the state of Montana.
In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District
Court, Gallatin County, State of Montana.
21. Attornev's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs. to include the salary and costs of in-house counsel including
City Attorney
22. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver ofthe same or any subsequent breach of this same or any other term, covenant or agreement.
No covenant, term or agreement shall be deemed waived by either party unless waived in writing.
23. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
24. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
25.
No Assif!nment
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It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part
without prior written consent of the City.
26. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the
parties hereto and their respective heirs, successors and assigns.
27. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall be covenants running with the land
and shall not expire at their dissolution or upon transfer of ownership of the property.
The undersigned Landowners affirms that they have authority to enter into this Agreement on
behalf of the State of Montana, and to bind the State of Montana to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
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By: Mary Sexton, Director
State of Montana, Department of Natural Resources
and Conservation
STATE OF MONTANA )
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COUNTY OF;J~ # ~.
On this 19 t6 day of ~ ,200~, before me, a Notary Public
for the State of Montana, personal y appeared Mary Sexton, Director, representmg the State of
Montana, Department of Natural Resources and Conservation known to me to be the person that
executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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Nota~~ State of Montana
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CITY OF BOZEMAN
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By: Chris A. Kukulski, City Manager
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COUNTY OF GALLATIN )
On the -LL day of /II U .; ~ #If, ~ 20 (J &, , before me, a Notary Public for the State of
Montana, personally appeared CHRIS A. KUKULSKI AND~~~~ known to me to
be the City Manager and Clerk of the City Commission respectivclY, of the' City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me that they executed the same
for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
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otary Public for the State of Montana
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EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
STATE LANDS EASTANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of land being the SW Y<i of Section 36, less the Lewis & Clark Commercial
Subdivision, Plat J-376, less Minor subdivision 320, Lot 1 and including Tract 2,
COS 1723 and the Wl/2, SEl/4 of Section 36, less the Gordon Mandeville State
School Section Subdivision, T1 S, R5E, PMM, Gallatin County along with adjacent
public streets.
Said tract contains 206 acres, more or less, along with and subject to all easements of
record or apparent on the ground.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to
Wheat Drive, Red Wing Drive, Flora Lane, Mandeville Lane and N. th Avenue, which will be
caused by the development of the above-described property, the owner has waived and do hereby
waive for itself, its successors and assigns, the right to protest the creation of one or more special
improvement districts for:
A) Paving, curb, gutter, sidewalk, and storm drainage improvements to Wheat Drive, Red
Wing Drive, Flora Lane and Mandeville Lane; and; for signalization of the intersection oJN. th
Avenue and Mandeville Lane;
or to make any written protest against the size or area or creation of the district, or method of
assessment to be assessed in response to a duly passed resolution of intention to create one or more
special improvement districts which would include the above-described property.
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Shelley Vance-Gallatin Co MT MISC 160 00
In the event an SID is not utilized for the completion of these improvements, the developer
agrees to participate in an alternative financing method for the completion of said improvements on a
fair share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development, or a combination thereof. The Landowner shall
not be assessed until lots or parcels are sold or leased by the LandoWner; and the Landowner shall
only be proportionately assessed for those lots or parcels within the annexed area, which make
beneficial use of improvements constructed or improvement districts established after the date of this
agreement.
This waiver shall be a covenant running with the land and shall not expire but shall apply to the
lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
DATED this ,-IA- day of ,JI:IJ , 200~.
LANDOWNER
~
By: Mary Sexton, Director, Representing
State of Montana, Department of Natural Resources
and Conservation
STATE OF MONTANA )
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COUNTYOFJ~~~
On this /1 E!:, day of ~ ' 200~, before me, a Notary Public
for the State of Montana, personally appeared Mary Sexton, Director, representing the State of
Montana, Department of Natural Resources and Conservation, known to me to be the person that
executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same.
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Notary Public for the State of Montana
Residing at ~ , Montana
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EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
STATE LANDS EAST ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tractofland being the SW Y<i of Section 36, less the Lewis & Clark Commercial
Subdivision, Plat J-376, less Minor subdivision 320, Lot 1 and including Tract 2,
COS 1723 and the Wl/2, SE1/4 of Section 36, less the Gordon Mandeville State
School Section Subdivision, Tl S, R5E, PMM, Gallatin County along with adjacent
public streets.
Said tract contains 206 acres, more or less, along with and subject to all easements of
record or apparent on the ground.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition ofthe impacts on the
City's park facilities and the need for the maintenance of municipal park areas to serve City
residents, the owners have waived and do hereby waive for themselves, their successors and assigns,
the right to protest the creation of one or more special parks maintenance or improvement districts
for a City-wide Parks Maintenance District, or to make any written protest against the size or area
or creation of the district to be assessed in response to a duly passed resolution of intention to create
one or more special parks maintenance or improvement districts.
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'-.. Shelley Vance-Gallatin Co I'IT I'IISC 160 00
In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized
for the City-wide park maintenance, we agree to participate in an alternate financing method for
completion of said improvements on a fair share, proportionate basis as determined by square
footage of the property, linear front footage of the property, taxable valuation ofthe property, or a
combination thereof. The Landowner shall not be assessed until lots or parcels are sold or leased by
the Landowner; and the Landowner shall only be proportionately assessed for those lots or parcels
within the annexed area, which make beneficial use of the improvements constructed or
improvement districts established after the date of this agreement.
This waiver shall be a covenant running with the land and shall not expire but shall apply to the
lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
LANDOWNER
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By: Mary Sexton, Director, Representing
State of Montana, Department of Natural Resources
and Conservation
STATE OF MONTANA )
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COUNTYOF~J~)
ct. ~
On this ) 9 - day of , 200~, before me, a Notary Public
for the State of Montana, personally appeared Mary Sexton, Director, representing State of Montana,
Department of Natural Resources and Conservation, known to me to be the person that executed the
foregoing Annexation Agreement, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
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(printed Name Here)
Notary Public ~Q.1' .th~ State of Montana
Residing at tJ~ ' Montana
My Commission Expires Jt' -/ P -OJ tt?Cf
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, Shelley Vance-Gallatin Co MT MISC 160 00
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~ Shelley Vance-Gallatin Co MT MISC 160 00
Acknowledgment of Annexation of Right of Way
And Ag:reement to Release All County Inte:rests
I, John Vincent, 01ainnan of the Gallatin County Commission, hereby acknowledge
and agree to the Gty of Bozeman's annexation of the streets, rights of way and sixty foot
easement to the streets commonly known as Flora Lane and Mandeville Lane, as depicted on
the "State Lands East Annexation Map," attached to this Acknowledgment as Exhibit A
Dated this ~day of 1'1..( .2006
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STATE LANDS EAST ANNEXATION MAP
A PORTION OF STATE OF MONTANA LANDIN SECTION 36., TOWNSHIP 1 SOUTH, RANGE 5 EAST,
PMM, GALLATIN COUNlY, MONTANA
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TRACT 1-A
cas 2153
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NOTE: BEARINGS AND DISTANCES
TAKEN FROM MULTIPLE SOURCES
OF RECORD, THIS IS NOT A
BOUNDARY SURVEY
l..122.23'
R=4407.50
1035'20.
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4(J1.'l!i(ll) CAL
mBEAAlNGS &
DISTANCES
TRACT 4""
cas 2153
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TRACT 2
CDS 1723
wi CORNER
SEC110N 36
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STATE OF
MONTANA
ANNEXAT!q~Q\)NQ.~ (lYP)
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STATE OF
MONTANA
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lot 6
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lot 2
lot 2
lot 3
lot.
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lotIO
lot 11
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SEC'TlON UNE (T'IP) .J
9N CORNEll
SECTION 36
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LEGAL DESCRIPTION:
A TRACT OF LAND BEING TRACT 2 OF CERTIFICATE OF SURVEY NO. 1723 AND THAT PORTION OF THE SOUTH ONE-HALF OF SECTION 36
TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
90, WEST OF THE WEST RIGHT-OF-WAY OF U.S. HIGHWAY 10 AND SOUTHWESTERLY OF THE SOUTHWESTERN MONTANA RAIL LINK
RIGHT-OF-WAY.
EXCEPTING THEREFROM THE LANDS OF MINOR SUBDIVISION NO. 320 (MANDEVILLE HOMESITE MINOR SUBDIVSION) AND FURTHER
EXCEPTING THE LANDS OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION.
. - -----
AlueJJ!~
"Tlte Engineering Solutions Team.
. ~~~!-;~~
2066 Stadium Drive, Sulle 203 Bozemen, Montana 59715
(406) 587-2781. Fax: (406) 522-9225.www,hyaJ~99ng.com
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archil. eta
;Ill
1970 Stadium DrIve, SUllo B I_man. Montana 59715
408.586.5689 (0IIIce) 408.586.4490 (Fox)
JANUARY. 2006
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a..l~ce:G"llatil)~~I'IISC 160.00