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Home My WebLink AboutResolution 4007 Loyal Garden Annexation Agreement City Clerk p.d. Box,1230 , Bozeman, MT 59771-1230 /' ( 1111111 11111 1111111111 111111111111 11111 11111111 11111111 ~~~,~;~ f ~p Charlotte Mills-Gallatin Co MTMISC 153.00 .; -~ COMMISSION RESOLUTION NO. 4007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXA TION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORA TE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. I \. WHEREAS, the City of Bozeman received a request for annexation from Covenant Investments Incorporated, owners of the tract, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land legally described as Tract I, cas No. 24 and all parcels of cas No. 25, that part of the NEI4, of Section 16, T2S, R5E, PMM, Gallatin County, Montana, and generally located on the southwest corner of the Cottonwood Road and Huffine Lane intersection.; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on January 17,2006; and WHEREAS, Commission Resolution No. 3884 was adopted by the City Commission on January 17, 2006, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as to include said contiguous tract within the corporate limits of the City; and WHEREAS, a public hearing on Commission Resolution No. 3884 was duly noticed and held on February 21,2006; and WHEREAS, on February 21, 2006, the Commission authorized and directed staff, upon satisfaction by the applicant of the terms of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with Commission Resolution No. 3884; and - 1 - "'. , I 11111111111 111111111111111111111111111111 111111111 III! ~~~~~?~~ ~p Charlotte Mills-Gallatin Co MTMISC 153.00 WHEREAS, the provision of available services, including, but not limited to, water rights or cash in lieu, waivers of protest against creation of SID's, water and sewer hookup to said contiguous tract is the subject of a written agreement between the City and Covenant Investments Incorporated, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a Certificate of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, M.C.A., the following- described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 75.044 acres of land, to wit: A tract ofland being Tract 1, COS No. 24 and all parcels ofCOS No. 25, that part ofthe NEI4, of Section 16, T2S, R5E, P.M.M., Gallatin County, Montana, and being more particularly described as follows: A parcel of land, said parcel being Tract 1 of Certificate of Survey No. 24 and all of Certificate of Survey No. 25, excepting there from the property described in the Bargain and Sale Deed recorded in Book 120 on Page 327 of Gallatin County records, said parcel being located in the Northeast Quarter of Section 16, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana and said parcel being further described as follows: -2- Q. t'-- ~ COm':': _~o .-_r-- ~o~ U)<'l~ NQj~ 01- N~~ ....g !!!!!!!!!!!!!! c<i ==~ - - .... _u _1Il ==E -I- =:E _0 =u -c: _.~ -~ .... III ....:::: -Ill =Cl =, -~ .... - _.~ =:E =~ -~ -0 -- -I... -Ill !!!!!!!!!!!!!! r. _u Beginning at the southwest corner of Certificate of Survey No. 24; thence North 00018'47" West, along the west line of said survey, a distance of 662.56 feet to the southwest corner of Certificate of Survey No. 25; thence North 00021 '29" West, along the west line of said Certificate of Survey No. 25, a distance of 1940.58 feet; thence North 89003'02" East, along the southerly line of the property described in Book 120 on Page 327 of Gallatin County records, a distance of 1294.97 feet; thence North 89038'47" East, along said southerly line, a distance of 38.78 feet to a point to be hereinafter referred to as Point A; thence South 00020'55" East, along the east line of said Section 16, a distance of 2428.06 feet to the southeast corner of said Certificate of Survey No. 24; thence westerly on the following 5 courses, being along the southerly line of the Farmers Canal as shown on said Certificate of Survey No. 24: . ..: North 86016'14" West, a distance of 86.79 feet; North 66043'13" West, a distance of 126.67 feet; North 68012'19" West, a distance of 165.58 feet; South 86051'46" West, a distance of 105.69 feet; South 63049'58" West, a distance of 693.00 feet; --- - ,.;;..-~-~....... -.~ :::;.- thence South 89024'28" West, along the south line of said survey, a distance of 248.40 feet to the Point of Beginning. The described parcel is along with and subject to any existing easements. The described parcel contains 75.044 acres, more or less. Together with the adjacent right-of-way of Cottonwood Road, said right-of-way being located in the Northwest Quarter of Section 15, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and said right-of-way being further described as follows: Beginning at the point hereinbefore referred to as Point A; thence North 89038'47" East, a distance of 30.00 feet to the east right-of-way line of Cottonwood Road; thence South 00020'55" East, along said east line, a distance of2430.20 feet; thence North 86016'14" West, a distance of 30.08 feet to a point on the east line of said Section 16; thence North 00020'55" West, along said section line, a distance of 2428.06 feet to the Point of Beginning. Section 2 The effective date of this annexation is March 26, 2007. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated December 6, 2006, by and between the City of Bozeman and Covenant Investments Incorporated. -3- PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day March 2007. A TIEST: APPROVED AS TO FORM: 111111111111 1111111111 111111111111111111111111111111111 g~ ~?:f ~p Charlotte Mills-Gallatin Co MTMISC 153.00 -4- Q. t'-- ~ COm':': _~o .~-r-- ~o~ U)LD~ N Qil8 01- N~~ _0 _lSl - -l') =LD iiiiiiiiii ~ iiiiiiiiii iiiiiiiiii -u ==== ~ -:E -I- ~:E _0 =u - -c; -.~ -~ ~ -- -Ill =Cl =1 _III -- -- _.~ =:E !!!!!!!!!! Ql -~ -~ -0 -- -I... -Ill !!!!!!!!!! r. _U LOYAL GARDEN ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this lR~ day of ~\,w ,~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, and mailing address at P.O. Box 1230, Bozeman, Montana, 59771-1230, hereinafter referred to as "City," and CtJft!RR-~ T T.t'';"P.O. Box COUfj\O T :::tA-u e~~e^15 11428, Bozeman MT 59719, hereinafter referred to as "Landowner." A --L;v C . WITNESSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the "LOYAL GARDEN ANNEXATION," situated in Gallatin County, Montana, and more particularly described as follows: Tract 1 of Certificate of Survey No. 24 and all of the parcels of Certificate of Survey No. 25, in the northeast quarter of Section 16, T2S, RSE, PMM, Gallatin County, Montana. WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; and WHEREAS, the LOYAL GARDEN ANNEXATION is not within the corporate limits of the City of Bozeman 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 MCA Tide 7, Chapter 2, Part 43; and WHEREAS, all parties recognize that the annexation of the LOYAL GARDEN ANNEXATION pursuant to Section 7-2-4301, et seq., MCA, will entide the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, MCA 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 LOYAL GARDEN ANNEXATION; and WHEREAS, all parties recognize that the development of the LOYAL GARDEN ANNEXATION will impact HuffIne Lane and Cottonwood Road and will require additional public street improvements; and WHEREAS, the Landowner fmds 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 LOYAL GARDEN ANNEXATION; and 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 ILoyal Garden Annexation #A-05013 1 I Q. F"'" ~ COm':': _~o 1 - _ r-- ~og U)<O~ N;,;~ 01- N~~ _0 _lSl !!!!!!!!!! (Y) 1. =lD iiiiiiiiii ~ !!!!!!!!!! iiiiiiiiii -u ===~2 -:E . -I- -:E _0 =u - -c; iiiiiiiiiiiiiii :: -~ -- -Ill =Cl =, _III -- -- _.~ =:E !!!!!!!!!! Ql -~ -~ -0 ==== -: -Ill !!!!!!!!!! r. _u ,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: Recitals The above recitals are true and correct. Annexation The Landowner flIed an application for annexation of the LOYAL GARDEN ANNEXATION with the City on November 16, 2005. The City, on Janwuy 17, 2006, adopted Resolution of Intent to Annex No. 3884 for the LOYAL GARDEN ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the subject property 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 LOYAL GARDEN 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 LOYAL GARDEN ANNEXATION tracts to the City. 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 LOYAL GARDEN 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 LOYAL GARDEN 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 LOYAL GARDEN ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. The existing warehouse and residence shall either be connected to municipal water upon annexation of the property and availability of service, or removed from the property. The bam I Loyal Garden Annexation #A-05013 2 I t'-- ~ COm':': _~o I-_r-- ~o~ U)r--~ N Qil8 01- N~~ _0 _lSl _. -l') -LD -~ iiiiiiiiii -u ==== ~ iiiiiiiiii ~ ~:E _0 =u - -c; iiiiiiiiii ..... iiiiiiiiiii ~ -- -- -Ill =<.:> =1 _III -- -- _.~ =:E ~Ql -~ -~ -0 =- iiiiiiiiii ~ ~r. _u . shall also be connected to municipal water if converted to a use which requires services. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 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 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 LOYAL GARDEN ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the LOYAL GARDEN ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. The existing warehouse and residence shall either be connected to municipal sewer upon annexation of the property and availability of service, or removed from the property. The barn shall also be connected to municipal sewer if converted to a use which requires services. Any existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. 6. Water Rights 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 of ten (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 LOYAL GARDEN ANNEXATION consists of approximately 75 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: LOYAL GARDEN ANNEXATION, consisting of a total of75 acres, shall provide water rights or cash-in-lieu prior to final subdivision plat approvals. The Landowner shall provide sufficient cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. 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 I Loyal Garden Annexation #A-OS013 3 ...... ~ COm':': _~lSl I-_r-- ~o~ 10m ~ N ;,;:g 01- . N~~ _0 _0 _. -l') =(1) ~~ , the zoning designation and/ or City-approved development for the property at the time such calculation is made. 7. Comprehensive Water and Sewer Design Report Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/ or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. The Landowner agrees to complete at Landowner's expense, the iiiiiiiiii _ u necessary system improvements to serve the full development. ===~ _ ~ 8. Future Development and/or Subdivision =:E = 8 Landowner understands and agrees that there is no right, either granted or implied by the City, for -c; ____ --I == ~ the Landowner to develop any of the LOYAL GARDEN ANNEXATION until it is verified by the City that -- -Ill _ ~ necessary municipal services, including but not limited to police and fire protection, are available to all or a -- -- _.~ =:E ~Ql iiiiiiiiii ~ -0 -- =... -Ill !!!!!!!!!! r. _u portion of the LOYAL GARDEN ANNEXATION. The Landowner is hereby on notice of the following requirements upon further development or subdivision of the LOYAL GARDEN ANNEXATION: a) Existing mature vegetation shall be saved and relocated within the subject property, to the maximum extent feasible. b) The existing barn shall be maintained in its current location and incorporated into the new site design. If the barn is not able to be incorporated into the new site design, it shall be relocated within the project boundaries. If a structural report by a professional engineer indicates that the barn is not feasible to relocate, the developer will be required to complete a Montana Historic Property Record Form for review by the local and State Historic Preservation Offices. c) The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided with the signed annexation agreement. d) Prior to future 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. e) The Montana Department of Fish, Wildlife and Parks shall be contacted by the Applicant regarding any proposed ditch/stream relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan/Subdivision approval. ILoyal Garden Annexation #A-05013 4 Q. I" ~ COm':': __ ~GI I-_r-- ~o~ U)m~ N;,;~ 01- N~~ _0 _0 - -l') =LD !!!!!!!!!! ~ !!!!!!!!!! iiiiiiiiii -u ==== ~ -:E -I- -:E _0 =u - ==== .~ -~ ~ -- -Ill =Cl =, _III -- -- _.~ =:E -~ -~ -0 -- =1... -1 _U ,9. Existing Non-Conforming Uses The Landowner understands and agrees that whenever a lawful nonconforming use of a building, structure, or land is discontinued for a period of 90 days, any future use of the building, structure, or land shall be in conformity with the provisions of this title. 10. 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 ftre service capacities. Landowners shall pay to the City Fire and Street Impact Fees for any existing structures within the Tract prior to or at the time of Landowners' execution of this Agreement. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water. and sewer impact fees for any existing structures within the Tract. At the time of any further 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 the LOYAL GARDEN 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 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. Landowner( s) hereby acknowledge and agree that it shall be no defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such fees as specified above, in the amounts calculated for all such fees based upon the rates established at the date of this agreement. 11. Stormwater Master Plan I Loyal Garden Annexation#A-050 13 5 Q. t'-- ~ co~ ~ o I"'-- '0 r-- ~og U)~~ N ;,;:g 01- N~~ _0 _0 !!!!!!!!!!!!!!! ~ ~ iiiiiiiiii iiiiiiiiii -u === ~ -:E -I- -:E _0 =u - ==== .~ -~ ~ -- -Ill =Cl =, _III -- -- _.~ =:E -~ -~ -0 -- =1... -Ill !!!!!!!!!! r. _U , Landowner understands and agrees that pnor to development of the LOYAL GARDEN ANNEXATION, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. 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 stormwater receiving channel. The plan shall also include a stormwater maintenance plan. 12. Traffic Analysis Report If required by the Engineering Department, the landowner shall provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 13. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, including but not limited to the following improvements: paving, curb/gutter, sidewalk, storm drainage facilities, and signalization of the Huffine Lane and Cottonwood Road intersection; 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. 14. Parks. Open Space and Trails The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, any contiguous parks, open space, and/ or trails shall be extended to the annexed property, and a Master Plan of said parks, open space and trails shall be provided with the signed annexation agreement or the Preliminary Plat. 15. Diversity Landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, a diversity of housing types shall be provided. 16. Right-of-Way Easement for Future Roadways Landowner has dedicated, by written easement, the following land to the City of Bozeman, which represents the Landowner's proportionate share of the necessary right-of-way: a. Public street and utility easements shall be provided for Cottonwood Road and Huffine Lane unless adequate right of way already exists. The easement shall be 60 feet wide (half of the principal arterial standard) for both streets. Said easements will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. 17. Utility Easements ILoyal Garden Annexation #A-05013 6 Q. t'-- ~ COm .. o t'-- '0 r-- ~~8 U)~~ N;,;~ 01- N~~ --- ~ !!!!!!!!!!!!!! ..; ==~ == iiiiiiiiii _u _1Il ==E -I- =:E _0 =u !!!!!!!!!!!!!! c; ---- :.: ==~ -- -Ill =Cl =, -~ ---- - _.~ =:E =~ -~ -..- 0 =- -I... -Ill !!!!!!!!!!!!!! r. _u , Landowner understands and agrees that utility easements, a minimum of 30 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 ftnal plat or site plan or issuance of a building permit on any of the parcels. 18. Wetlands Landowner understands and agrees that, prior to annexation, boundary determinations shall be prepared for all wetlands on the property to be annexed in accordance with Section 18.56.050 ''Wetlands Mapping." 19. Cultural Resources The Landowner acknowledges and agrees that prior to annexation, a cultural resource inventory or a letter from the State Historic Preservation Office indicating a cultural resource inventory is not necessary shall be submitted to the City Planning Office with the signed Annexation Agreement. 20. 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 LOYAL GARDEN ANNEXATION. The parties further agree that the City may file these documents at any time. 21. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 22. Attorney'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. 23. Waiver No waiver by either party of any breach of any term, covenant, or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 24. 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. ILoyal Garden Annexation #A-05013 7 Q. t'-- ~ eX) m .. o t'-- '0 r-- ~N~ U)~~ N;,;~ 01- N~~ _0 _lSl - -l') ==== ~ iiiiiiiiii - iiiiiiiiii -u ==== ~ -:E -I- _:E _0 =u - -c; -.~ -~ ~ -- -Ill =Cl =, _III -- -- _.~ =:E !!!!!!!!!! Ql ==~ ==== ~ -Ill !!!!!!!!!! r. _u ,25. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 26. No Assignment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 27. 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. 28. 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 deaths or upon transfer of ownership of the property. The undersigned Landowners affIrms that they have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. I Loyal Gorden Annexation #A-05013 8 CORPORATION ~~ ~ DeYin Madill 7~ Cove..n~ I Y\Ye..5bYnUl.t,s,) I n..c . STATE OF MONTANA ) ss. County of Gallatin ) On this ~ day of ~ f'.Itrnn,y , 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared D~ Madill. known to me to be the Pve..si c:kvU-~ of ~~~la> \ t.he corporation that executed the within instrument, and acknowledged to me that ~e executed.~e same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day andye~~ca:re.:;:/:. '-2~~. Ol~ /c}/ 'C7!'.q!,~~'%-'\ ~bic'~~~a~::~~:~=~r:) ':~ 'k', c' , : * :: ~es~g at.~~~~~ 200~ ~" ',', , ~.:'.". ~ :. ':~. ',~:~'J'/T (U ~e 4 ~~~or ~~ira~~:;:~r) ~ - .". ,.'j.' . .. . .' . ~"\ '(" " ////' '< ()~:.":,~.,;..{)\.~ ,,,-,-, 1111/111\\\\\\\ I 11111111111 11111 11111111111111111 11111111111111 1111111 ~~~:~;~ ~ ~F ~harlott~Mills-Gallatin Co MTMISC 153.00 ILoyal Garden Annexation #A-05013 9 I . . I, " CITY OF BOZEMAN r9wJ-~\ By Chris A. Kukulski, City Manager ) ss. County of Gallatin ) On this ~ day of M W~ , 200p,-before me, a Notary Public for the state of Montana, personally appeared Chris A. Kulkulski and Brit Fontenot, known to me to the persons described in and who executed the foregoing instrument as Ci~ Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNEs...~*,HEREOF, I have hereunto set my hand and affixed my Notarial Seal the day """,,'n. """f" and year fIrst ~~v~ -..a:t~,,?~~ ~.'J>..<c, . . . . . . v~ ~ ~LY' . 'A_~ "" ...... . ~tAlt:' '~~i!! ...... ........"\ \. ~ ~ ~ .. ..~' '" , !.~ , .. r; =w'w-"" '''':0 - . ,-.. ... . -- = ::t . --. - , *' i - 'C'AL"- %*'. S~. .,_~i ... .n . .Jf"l ~ \J~ . . .' ~# ~I.~)-I:O' 'F'''~O~~ '/111 w' ...",... 1IIIItIlllllin\~' otary Pu Residing at My Commission Expires: (U se 4 digits for expiration year) ID 11111/11/111/11111'11111111111111 11111 11111111111'"11 ~~;~~7, ~ ~p C~arlo~ Mills-Ga~a~ Co MT~~~0-"- EXHIBIT A I Loyal Garden Annexation #A-050 13 101 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS LOYAL GARDENANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1 of Certificate of Survey No. 24 and all of the parcels of Certificate of Survey No. 25, in the northeast quarter of Section 16, T2S, RSE, PMM, Gallatin County, Montana IN CONSIDERA TI ON 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 impacts to Huffine Lane and Cottonwood Road, 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 including but not limited to the following improvements: paving, curb/gutter, sidewalk, storm drainage facilities, and signalization of the Huffine Lane and Cottonwood Road intersection, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver 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. 111111111111111111111111111111111111111111111111111 I11I ~~~~t70~ ~p 153.00 Charlotte Mills-Gallatin Co MTMISC ILoyal Garden Annexation #A-05013 111 DATED this ~ day of t5-c..t.mnlY , 2006. CORPORATION STATE OF MONTANA ) ss. County of Gallatin ) On this (d:J"- day of ~rhT\~ ,2006, before me, the undersigned, a Notary Public for the State of Montan , personally appeared De'Win Madill. known to me to be the Pve..sic::k.Yu-: of ~e..n'2nt.c" \oc~e corporation that executed the within instrument, and acknowledged to me tha~cuted the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\ \ \ ~ 1 : ! ; J J f I / ,,\\ t:. (~/1 ('/~'// '~",,,V: . . , . .; '.,l.. // .....(~)~. ~"'./"}"'" i'S::. -','")j ":'.~ \. - r".~: .. . " ,1/'1 f . \" - = \JJ; \ ~.. = }~z~t.'[yQ~H=) ~ * .', r-' S d:,', ' ;' . // /,t, #/11""'> ..> . ,\" ! ; j n : '; ~ \ \'~ . : ,t, :: Notary Public for the State of Montana Residing at S:;>"'t:P..YYY7.fl. vYt.;f My Commis on Expires:' 'Z-DIo -~ (Use 4 digits for expiration year) ..,,-_1 ~ ..... '. ", ''" . .::~ .,' 1111111111111111111111111111' 11111111" 111111111111 111/ ~~6 ~U,~ ~p Charlotte Mills-Gallatin Co MTMISC 153,00 ILoyal Garden Annexation #A-05013 121 . Q. t'-- ~ COm . o t'-- 0 r-- ~r--~ U)~~ N;,;~ 01- N~~ _0 _0 - -l') =LD -~ iiiiiiiiii iiiiiiiiii -u ==== ~ -E: -I- -:E _0 =u - -c; -.~ -~ iiiiiiiiii III -~ -- -Ill =Cl =1 _III -- -- _.~ =:E !!!!!!!!!! Ql -~ -~ -0 =- iiiiiiiiiii ~ !!!!!!!!!! r. _U . EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS LOYAL GARDEN ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1 of Certificate of Survey No. 24 and all of the parcels of Certificate of Survey No. 25, in the northeast quarter of Section 16, T2S, RSE, PMM, Gallatin County, Montana IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the 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. 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 of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver 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 (g t1.. day of l)eceM. b.(' I ,2006. ILoyal Garden Annexation #A-05013 131 . CORPORATION ~~ De\Vin Madill c..ove.nCY'lC Iny'~~...., \rLC-. STATE OF MONTANA ) ss. County of Gallatin ) On this ~ day of ~.r'YY'\\a-Y'" , 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared De'vJ.in Madill. known to me to be the PvL<;i ,.1e-l'\.l::, of ~~~~t:::- bs \1'1 the corporation that executed the within instrument, and acknowledged to me that he e~cUfea lhe same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year ftrs~ ~~l~~~ i~~tten. ~ ;fQ .. IJ n .,.\\'> .~ t'" -/// ~ ~ ~~~f"'';':' >;'!:1:?~?,,;/~ ~ E. ~ (Print Name Here) .~.. .::>.~..". r.\. ~'It ..(' ~ :: (;).' ,\' "'1'1/.. .,r -= -- - :: *:: r " '1' : * ::: ~' ~~, ~..., ~._.~ '.'~_~~l-J $..~ g ~.. ,.'~" ~f..~ .::: /.... .;' ."", ".<(<V " /.... ' i... ':-" '(Y" ", ';'1. f~ I'.'" \\\ J 11111I \I \ \ \ Notary Public for the State of Montana Residing at ~~ _ m:r My Commi on Expires:' tZ,.-lQ -2.co~ (Use 4 digits for expiration year) I """ III" 1111111111111111111111111111111111111111111 ~~~:~;~ ~ ~p C,,~lo~~lls-Gallatin Co MTMISC 153.00 ILoyal Garden Annexation #A-05013 141 TO THE CITY OF BOZEMAN ANNEXATION LOYAL GARDEN SUBDIVISION A PARCEL OF LAND, SAID PARCEL BEING TRACT 1 OF CERTIFICATE OF SURVEY NO. 24 AND ALL OF CERTIFICATE OF SURVEY NO. 25, EXCEPTING THEREFROM THE PROPERTY DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED IN BOOK 120 ON PAGE 327 OF GALLATIN COUNTY RECORDS, SAID PARCEL BEING LOCATED IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA ALSO SHOWING ADJOINING RIGHT -OF -WAY OF COTTONWOOD ROAD TOTAL AREA WITHIN PARCEL = 75.044 ACRES NORTH L1NE~' SEC. 16 . ~.. m:,':' ,,'.~':= _:',..~~ TRACT 1 ,:.0 5 ~W 1456 UNPLATTED UNPLATTED ji '\ I: r-II Ii) '\'" . ii1 \~ "',~ ~! "I' tl .-r~; .(:: 'Ii: '\ 1',,11 i '.. I ii: tii ::--.< ..' SOO'20'55'E i' 1~~~:9~OR I SECS 16 & 15 - I ........... HUFFINE LANE -' -.. , .. .....-..-. .- N'89"0370:z"f -,<120:;:;;(327 12!l4.97'- / \ SOUTH RIGHT-OF-WAY ,~,....' - -a_ LINE OF HUFFINE LANE 'I' 00_ Vf ;~1J~ Li~-"1Ij89"38' 47'[- , 38.78' 00 It) ~ '" C.O.S. NO. 25 LEGEND ..sxt.WQI. DESCRIPTION l' '" !'" N 8 z ANNEXATION BOUNDARY EXISTING EASEMENT 1/16TH / SECTION LINE CENTERLINE EXISTING ASPHALT EXISTING CONCRETE EXISTING GRAVEL D EXISTING BUILDING EXISTING WELL EXISTING WETLANDS EXISTING EDGE OF WATER EXISTING DITCH CITY LIMIT BOUNDARY '" -<-- iD It) N <D <D N66'43'13"W TRACT 1 24 SOUTH LINE OF 126.67'\ cos, NO t.':": "f~ =\ ..~.. . ::. ",'Il")' , FILM 1 1"11 ""w~ " >/ '. :s"<b<J' S86'51'46"W' -- ..._, N86'16'14"W S89"24'28"W '. c;,'" _ _ _ 1~5,69' 86.79' S89'24'28"W 1085.39' l' .... .... 00 ~ z 9 \248,40' 'PLAT TRACT pAGE CO 5 Al C & CAll J. LAlAR[WICl POINT OF BEGINNING 3549 STAfTANSON ROAD BOZ[t.lAN, l.n 59718-8186 111111111111 1111111111 111111111111 11111 111111111111 I11I 2261787 Page: 19 of 19 04/06/2007 01 :45P 00 Charlotte Mills-Gallatin Co MTMISC 153 .. ......~.. \[NE COR. ~ SEC. 16 NOO'20'55"W 50.00' N89.38'47"E 30,00' POINT A: P,O.B. FOR COTTONWOOD ROAD 30' 60' i' t I: 22229 '6 N ~ 21~~TSE[~Tpi:T~i~SHIP N 5550 BLACKWOOD ROAD BOZEMAN, MT 59718-7665 i' Co C'5~ 0::0:: C~ 8z ::6 zu 0_ I=iil 8< J." in '" '6 N b o (f) TRAcT c.Os. NO CRESENT CROSS LIMITED PARTNERSHIP 5550 BLACKWOOO ROAD BOZEMAN, MT 59718-7665 N86'16'14'W 30.08' VICINITY MAP ~ .,y"';!f"<:- (jlli- '0 OJ o '0:: ~ o 200' 400' 600' I I I I I I I SCALE BEARING BASIS: ASSUMED EAST LINE OF C.O.S. NO. 25 AS SOO'20'55"E B05-002A.dwg/8,5x11 LAYOUT