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Home My WebLink About06- Legends at Bridger Creek II Annexation Agreement '" S~k:.- ~Yl.~ rJ 0 _ 2- Z LJ G 52 (; \:) .:x.-v' N\Q.AJ \- LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT / ,.~ THIS AGREEMENT i, made and entmd into this J&lli day of .Je<n u..M (,2006, by ~, and between the CIT'{ OF BOZE1L\.N, a municipal corporation and political subdiv1.sion of the State of Montana, with 0 ffices at 411 Eas t Main Street, Bozeman, Montana 59771-1230, hereinafter referre'd to as "City", and Edgefield, LLC, 430 N Ryman, 2nd Floor, Missoula, MT 59806, Paul Rugheimer, 506 (l. It) :i: G')NN co'" 61 ~r- CO og .", _ N ~ ..0; Nw,~ 1 N if :g 1 "Landowner". gl ";1 \,{'ITNESSETH: [:::ll ====::: I 1 ~~I ~EJ ~I to as the "LEGENDS AT BRIDGER CREEK II ANNEXATION", situated in Gallatin County, 01 U1 - ~I Montana, and more particularly described as follows: ~I -;1 <91 II -~ ::1 :E:, -CD :::' -01 -~ -i,1 _&1 Oxford Drive, Bozeman, MT 59715, Peter Rugheimer, 1404 Story Mill Rd, Bozeman, MT 59715, and Mary Wictor, 408 208th Ave NE, Sammamish, WA 98074-6959 hereinafter referred to as \'{rHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter referred Lots 27 -28, Mount Baldy Subdivision and Tract 2 of recorded plat in Film 12, Page 825, and situated in the NE 1/4, S\Xrl/4 & N\XTl/4, SE 1/4 0 f Section 32, T1 S, R6E, PMM, Gallatin County, r-..lontana. Said tract contains 57.29 acres, more or less, along with and subject to all easements of record or apparent on the ground. WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract; and \XrHEREAS, the LEGENDS AT BRIDGER CREEK II ANNEXA. iION 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. Tide 7, Chapter 2, Part 43. \'('HEREAS, all parties recognize that the annexation of the LEG ENDS AT BRlDG ER CREEK II ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to City selTices, including municipal \vater and se\ver service, upon dleir availability; and I LEGENDS AT BRJDGER CREEK n ANNEXA T10l\ AGREEMENT 1 I it) ~ I C$)NN 1 ea<'lO _t-- ea 08 1 lDN~ N~~ I N~~ I ---~ -'I -q- -N -N. 1 -, =~I ===i: -~I 01 _0 ~I -..... -~I ~'I -..... -'~ EI _2! -.... -~I --- :u !!!!!!!!!!!!!!! .c, _01 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 \'{'HEREAS, 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 \v'HEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the LEGENDS AT BRIDGER CREEK II ANNEXATION; and WHEREAS, all parties recognize that the development of the LEGENDS AT BRIDGER CREEK II ANNEXA TI 0 N will impact Story 11ill Road and Bridger Drive, and will require additional public street improvements for traffic circulation; and WHEREAS, the Landowner finds that this Agreement will provide for the mos t satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the LEGENDS AT BRIDGER CREEK II 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 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 \'(lHEREAS, 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. I LEGENDS A T BRIDGER CREEK II ANNEXA TrON AGREEMEKT 2 2. Annexation The Landowner filed an applica tion for annexation of the LEG ENDS AT BRIDGER CREEK II ANNEXATION with the City. The City, on June 20,2005, adopted a Resolution of Intent to Annex the LEGENDS AT BRIDGER CREEK II ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the LEGENDS AT BRIDGER CREEK II ANNEX1\TION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Q. It) ~ 5)NN _<'10 __r- eo o~ U)<'I~ NGi~ lJI- N~:g g <t ~ I u\> --=<11 ~E 3. ~I 01 --=u1 c: --= .~I ';;1 ~I available, including municipal water service, municipal sewer service, police protection, and fire ell ~I ::1 protection, to the LEGENDS AT BRIDGER CREEK II ANNEXATION, as provided in this il ~I 01 Agreement. ~, ~, === 01 4. Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the LEGENDS AT BRIDGER CREEK II 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 LEGENDS AT BRIDGER CREEK II ANNEXATION tract to the City. Services Provided The City will, upon annexation, make available only existing City services to the extent currently Municipal Water Service Defined The term "municipal water service" as is used in this Agreement shall be the service \vhich is supplied by the City in accordance with Chapter 13.12, Bozeman 11unicipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's prov1.sion 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 LEGENDS AT BRIDGER CREEK II 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 \vater to or \vithin the LEGENDS AT BRIDGER CREEK II ANNEXi\TION to include, but not limited to, any impact fees, hook-up, connection, or 1 LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT 3 a. It) ~ SNN eo<'lO _r- eo O~ Ulq-~ N Gig: Ol- N t'II<O a.GI ____ ~:I ~~t ____ N~ ____ N I ---- _u ~I' ____ 0 _U -.SI -- ____ III _....' -- ~I' -" -- -- _.~ == "E, ~l>>! -... -... -0 -< ---- ;' 6. ~.r. _u 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 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 oflines or construction of necessary improvements at any cost to the City for collection of sewage at and within the LEGENDS AT BRIDGER CREEK II 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 LEGENDS AT BRIDGER CREEK II 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 rime of development. Water Rights The parties acknowledge the following City policy: Prior to annexation of proper!}', it sball be the poliC).' ~r tbe City of Bozeman to acquire usable water ngbts, or an appropriate.fee in lieu thereof, equal to the anticipated average annual consumption ~r water /:J' residents and/ or users of tbe property wben .fullY developed Tbe fie mt!f' be used to acquire water rights or .for improvements to the Ivater !I'stem Ivbich would create additional water supPlv capaci!}'. Except, hOlvever, tbat Jor a~v annexation in excess of ten (10) acres, this poli,,)' shall be carried out pn'or to final plat approval ~r each development pbase. Section 2, No.5, Commission Resolution 3137, Adopted August 19,1996 The LEGE~DS AT BRIDGER CREEK II ANNEXATION consists of approximately 57.29 acres. I LEGENDS A T BRIDGER CREEK II ANNEXA nON AGREEMENT 4 I ~ D- an ~ SNN CO,.,1Sl -r- co og lCl!)~ NGi~ lll- N~:g _G -:;7. !:::I --- --- --- -u ==== ~I -E: -I- =E:. ___ 0 _U _. _c' .~I --;;1' --< ~";GI =e> =1 -'" _......1 -.... _....... =1Ei -...1 =_1 -- -0 -.... =.... -<G ~6! The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: LEGENDSAT BRIDGER CREEK II ANNEXATION, consisting of a total of 57.29 acres, shaD provide water rights or cash-in-lieu at the time the Final Plat is submitted. 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 requiremen t 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. Comprehensive Water and Sewer Design Report Prior to future development 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 currendy 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 LEGENDS AT BRIDGER CREEK II ANNEXI\TION until it is veritled by the City that necessary municipal services and facilities, including but not limited to police and fire protection and road improvements, are available to all or a portion of the LEGENDS AT BRIDGER CREEK II ANNEXl\TIOK. I LEGENDS AT BRIDGER CREEK II AT\'NEXA TIOt\: AGREEMENT 5 D.. It) ~ SNN _"'0 -_r-- c:oog U)tO~ N..~ lll- N "'to D..<Sl The Landowner understands that the following additional terms are required for the future development of the property: a. The future development proposal for the property shall include a minimum 20 foot wide right of way along the south properly line adjacent to the Mount Baldy Subdivision to match alignment with that proposed in Creekwood Subdivision. b. The trail along Bridger Creek needs to be constructed so that it will connect with the trail in the subdivisions adjoining Legends at Bridger Creek II on the east and on the west. c. The parkland in the subdivision shall be designed to be contiguous with parklands in the adjoining subdivisions. d. No fences shall be allowed in or between parklands or public open spaces. ____ G'I - ~ 9. Impact Fees ____ N1 ~ 01 Landowner ( s) hereby acknowledge that annexation and development of their property will impact _IJI === i:1 - ~"I the City's existing street, water, and sewer infrastructure, and fIre service requirements. Landowners shall ---- 8 ---- - ~I pay to the City Fire and Street Impact Fees for any existing structures within the Tract prior to or at the ---- '" -..... -.....1 - ~, time of Landowners' execution of this Agreement. At the time of connection to the City's water and ____ 01 _-i --' _ E sewer facilities, the landowners shall pay all applicable water and sewer impact fees for any existing _al,' ~ ' - :.: structures within the Tract. At the time of any further development on the properties, the landowners ~1 0, and their successors shall pay all Fire, Street, \'{"ater 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 LEGENDS AT BRIDGER CREEK II Tract to municipal services ,vhich are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman 1-funicipal Code, or as amended, and as such, are not eligible for impact fee credits. I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREE1IENT 6 I 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: Cl. It) ~ cgNN co'" E) ~.... CO 08 UJ....~ Nm~ 1lI- N~:g iiiiiiiiiii 8 _. -<:t -N -N iiiiiiiiiii -u' IJ) -- iiiiiiiiiii :IE =t: iiiiiiiiiii 0 iiiiiiiiiii u _c .~ iiiiiiiiiii ~ -~ -~ -Ill =e> =1 -.. -- -- =E! !!!!!!!!!!! GI iiiiiiiiiii ~ -0 -~ =L -Ill !!!!!!!!!!! ..c i _01 A. Declare the amounts o\\-;.ng for impact fees immediately due and payable and City shall have the right and privilege to take legal action agains t Landowner for the collection 0 f such sums, including the entry of any judgmen t. In addition, the City may, at its option, enforce payment of such amounts by levying an assessment on the premises. R. 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. 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 subsequendy 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, not\vithstanding 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. 10. Stormwater Master Plan Landowner understands and agrees that a Stormwater 1hster Plan for the LEGENDS AT BRIDGER CREEK II ANNEXi\.TION 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 master plan must depict the maximum sized retention/ detention basin location and locate and provide easements for adequate drainage 'ways 'within the area to transport runoff to the stormwater receiving channel(,s). The plan shall include site grading 7 I I LEGEKDS A T BRIDGER CREEK II ANNEXA TIOI\ AGREEMEI\T j, ;t" a. an ~ fS)NN ea<'lO _t- ea o~ U)lD~ NGi~ 11I- N~:g I ~I iiiiiiiiiiii ~I. _E -I- ~E: =01 iiiiiiiiiiii U I -.S -<;;; --. -_. -~ =C> =~ -- :==:::i =E: and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 11. Traffic Analysis 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. 12. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed a \'V'aiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, includingpaving, curb/gutter, sidewalk, and storm drainage appurtenances to Story ivIilI Rd and Bridger Drive and signalization of the intersection of Story lvlil! Rd and Bridger Drive; and have further executed a fFaiver ofRight-to-Protest Creation of Special Parks Maintenance Districts. Said \'V'aivers 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 form the development, or a combination thereof. 13. Parks, Open Space and Trails Landowner understands and agrees that to achieve the goals and objectives set forth in the -<II _ ~. Bozeman 2020 Commllni!)' Plan, any contiguous parks, open space, and/or trails shall be extended to the =-i -L.~ -~. ~ fj annexed property, and a 1hster Plan of said parks, open space and trails shall be provided. Said Master Plan i~ attached hereto as Exhibit C. 14. 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, and a Master Plan of the diversity of housing types shall be provided. Said 1-faster Plan is attached hereto as Exhibit D. I LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT g I 15. Urban Design Landowner acknowledges and agrees that that future development will comply with the goals and policies of the Bozeman 2020 Communi!) P /an, 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 sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, a- U') ~ $NN eoMS _r- eo o~ UJ 01. ~ NN;~ 16. 0:'0 I ~ cil --= N NI 1 U \ be prepared for all wedands on the property to be annexed. Said map is attached hereto as Exhibit F. ____ <II .... --= L ~! 17. 01 --=u1 ,S ...1 ~I ~I necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. I --- ~! :::i L The Landowner shall create such easements in locations agreeable to the City during the appropriate 4)' :::i - ~' development procedure, but in no event later than the filing of any final plat or site plan or issuance of a ~' _u landscaping, historical character, orientation of buildings, and visual integration shall be provided. Said Master Plan is attached hereto as Exhibit E. Wetlands The Landowner acknowledges and agrees that prior to annexation, boundary determinations shall Utility Easements Landowner understands and agrees that utility easements, a minimum of 30 feet in width, will be building permit on any of the parcels. 18. 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 LEGENDS AT BRIDGER CREEK II ANNEXATION. The parties further agree that the City may fIle these documents at any time. I LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT 9 I 19. 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. 20. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to 0.. it) ~ S~N G (Q'Q I'- COG ~ U)~~ N~~ I Ng~ '121. ~ -' _ ~ No waiver by either party of any breach of any term, covenant or agreement shall be deemed a ~11 waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No :E: _ ~, covenant, term or agreement shall be deemed waived by either party unless waived in writing. ~122. Invalid Provision .. _01 --~ ';;it Cl =1 -"' -- -- -'~ ~! provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable -....' ~ ____ ~I provision were omitted. 6' enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to I reasonable attornev's fees and costs, to include the salary and costs of in-house counsel including Citv I] , ' I Attorney. Waiver The invalidity or unenforceability of any provision of this Agreement shall not affect the other 23. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 24. 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. LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT 10 --, -.....' =:E: ~~i -... -0 =-1 -!- -IlIPb' !!!!!!!!!!!! 5! u 0- It) ~ CSi) ~ N G COOt- CO~g U)~~ N Qi:g m- N~~ 1 G iiiiiiiiiiiiiii GI -. -q ~I - -I _0 _U')I =~ _:E: -1-1 !!!!!!!!!!!! :E: ~81' -.s _"iGI' -- -- -Ill (!I, -~; 25. 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. 26. Covenants to Run with the Land The parties in tend 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. LANDOWNER ~:p~ B . ]. Patnck Corack Edgetield, LLC ~ STATE OF ~OI'>.'TANA ) :ss COUNTY OF 1nSSOCLA) On this -lk day of ::r;JU~ JU:f ,2006, before me, the undersigned, a Notary for the State of .:\fontana, personally appeared T. Patrick Corrick, known to me to be the A1. r (print title here)ofEdgefield. LLC the company that executed the within instrument, and acknowledged to me that she executed the same for and on behalf of said company. IN \'.(/ITNESS \'(HEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year tirst above written. (SE~~\\\\IIIIIIIJl ~" lA. 11 '/I/. ~ :'(.9- ...... ~ ,.~ s.......tt; .... ....;q ~ "V. .(0 ~ ~. :~OTARl~.','tP ~ - . ~ . ~ = : SEAL: = = . . - - . . = --- . . ... ~ . . ~ ~ ..1\ .. .. ~ ~Vc.K '. .' qr' ~ ~ .. .' -Qo $ ~ 'e . -.... ... ~ilt ~ "'I/. Of"Mo1\. ",.... '/"~/1"'1\\\\\\\ ] LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT ~ ~ Ii~ (printed Name Here) (J (0.. . yne ~ Notarv Public for the State of Montana Resi~gat ffL'''HOU./o- ,J'vfo~a ,.'vIy Commission ExPiresOa;'l~ CXl9 ell se 4 digits for expiration yea ; 1I1 LANDOWNERS: _fLY- ~ By: Paul Rughelmer Property Owner STATE OF MONTANA ) :ss COUNTY OF GALL\TIN) On this I;;' davof \[aV7 vJ:.LirL-f ,2006, before me, a Notary Public for the State of Montana, personall); appeared Paul Rugheimer: known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS 'W'HEREOF, I have hereunto set my hand and affD(ed my official seal the day and vear first above written. , \ \ \ 1 I I1II \ \ 0 I (S~\~.~. .L.'.Gt//// ,';'~.' .~/ '-r'. . L-/ :: ;::..). ,0\ ARIAC. {\i-:' - -'~ " - - .....J . -.- " "* = -:.'*.. S~~L:.:: ..- . {,.:.r'-. ~ - ./ f"'!," . ~- / 0)-'. " . <-.x " / / / / ; 1'(: e)F" ~...O\ '- <'- 1111111\\\ a- 10 &l S~~ COo r- CONg ..'" ~ N UWI ,_ OJ N<Ilo Ill- N NU) I a.G GI 611 ql ~I 1 =-= (.)1 ~I --= :EI kl 01 (.)1 ___ ,SI === ~ NI ::1 =- N '11 ~I ..... ~.....I r, 2l, 0' --=..... Li ~, ==== (.) , ~7tdtA-;J}.IW~ )~,4:- Printed Name Here '..../i~ 'j), /it; 1-t:J r <.:?t/ ~ Notary Public for the State of Montana Residing at rXY2J:?/YI ~ YVl T My Commission Expires: crt (o[ (;2-006 LEGENDS AT BRIDGER CREEK 1I ANNEXATION AGREH..fENT 12 ~ LANDOWNERS: \.... ~\ -" ~, _w~b By: M . Wictor Property Owner STATE OF WASHINGTON) :ss COUNTI OF KING ) , ,'IJ-- '7 On this 0:. day of ~ ..u....tt~ ,2006, before me, a Notary Public for the State of Washington, personally appeared Mar:}' ictor, known to be the person whose name is subscribed to the within instrument ancMl.cknowledged to me that she executed the same. IN \VITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) It) ~ CSi) ~ N E> COo .... CO", ~ UJ~~ N,jj~ 01- N~:g _E> _E> !!!!!!!!! ,.: I ~! ~. iiiiiiiiiiiiiii -u ==== ~ iiiiiiiiiiiiiii ~ -E: iiiiiiiiiiiiiii 0 _U - _c -'~ _..u -- -... -Ill =CI =1 -.. -... -... -,~ =:E: !!!!!!!!! . iiiiiiiiiiiiiii ~ -0 ==== ~ -1 _U Notary Public State of Washington JEANEITE 0 GREENFIELD My Appointment Expires Dee 26.2007 .' Printed Name .erue '(" I,JH"{C/{ : ,'Notary Public for the State of 0/ W ashington ~ j ..... Residing at W/)1//U/}U./,{, kJA- My Commission Exp~~..e:v.-....'j,.... :2 7r utJ6 ! LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMEt."T 131 LANDOWNERS: (! / / I I " I J / I Ie! 00 , h, - , r ; . "'"'_ (, / - ." ~ By: Peter Rugheimer . Property Owner STATE OF MONTANA :ss COCNTY OF GALL>\. TIN) On this I ~ day 0 f ,:r q V\v , 2006, before me, a Notary Public for the State of Montana, personally appeared Peter Rugheimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ~4J written. , $:~~ ,-=- n Sf:: ~('" ,,:~. ~ \':"-_ L f.:Dr., ~ ~~~- l' ~e.MiFWQ",,:. 9:tv:.. ~~ ff~~ fi!~~ /h~ ~, v!' ~ ':.r'(' '\, '-7- ~. ~...-t~ ~ \, ~ :: C,- r\.1 . ~ ;: e V ii.-rt.._ : ;:;: ~~. - g ~ %. iH''''l.: ..-a.~ j ~u"')~~~ fIi~+"# "'~4 _./ A/" r ~.._...~ -:\ "tt- ~'f "";4~" t E OF t ;.o~ ~, ~.,. .., ",,~ ~ii':~nmmml\"~' --.!.:.. ~~ ~ . , ~ . . '\ \'-.. ", ( ~~~'-=:~)~" ~ .0 Printed Name Her('mIT.-\'(\G- r. q, d &W, ~V\ Notarv Public for the State of Montana Resid{ng at ~r=.l'6"{4 dLQ ~ My Commission Expires: '1-. \-';}OO~ a. U) ~ S~~ COot- CO <t :5 lD~~ ,.00 NIIIO 01- , N~~ 01 01 ~I ~ I I u ~I --=L 1-1 -----= L 1 o ------ u 1 S _I 01 :: ____ 01 <!l, I -", -' ::: L ---""' III' .oJ a' -- :U' _6! I LEGENDS AT BRIDGER CREEK II Al\'NEXA no]\; AGREEMENT 141 ~.~ By: Chris Kukulski, City Manager . ,,;q/~..:,,(:.._~., > . ..' .~ .., \ . "'" . ''''A 't"~ , ~r.... 1'._J'.~ ..: ", .~. ~.~. 't .~. ~. . ~-; ;,,~ . '\,'*'" >I ~'. i..' ~ , , ~- ~ :'-- - , ~-~~ "1" .-,4 \ ~ '\ ''''.' ,~ , '..t", '0 t:i' . " .~. ,>' !" ,v .. ....'t,o~'.l'- ;">$' .. ..,;':. '" I'" .~ ~ 'i.'" i , r.~~~ ttdNTANA ;ss COUNTY OF GALL\ TIN) On the ~ day of tJ of ('J b ~ r, 2006, before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI AND ~ri +- fb N ,\e..-NCt" " known to me to be the City Manager and C i ~ G ~ K. respectively, of the City of Bozeman, whose names are subscribed to the within ins ttument and acknowledged to me that they execu ted the same for and on behalf of said City. I ' 0- at) ~ S~N G COot- CO.ng Ul~~ " CD " N&~ I N ~ :g I (Seal) ~I ~;il _NI I =~I _EJ ==~I _0'1 _0 ==.SI '.;;1 -- ~~J -~' === ,:,1 -- -....1 ===..-4 ='1 -GI =...., -...., -0 === ~' -Ill ~fJ IN W1TNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above, \\1111111 ~\\\,\ 111111. ~\\",...,~N eE'.CjlN}~~ ~ ~v .....;t02~ ~!-..' ',~~ S~.. ..t f\.p.\Al, ~ :::::::5. O.\r' ".:.,.::: =~ ~ ".- -"7'= ::oo:....~. ',: :::. -1== ~.:.,..c: ':'i:'~ ~~ . ~ '~ ~ ~. . ~ ~ 1$\): . . . , '..,0 off' ~1. Af7l: Of= ~' '!.'~ ~1111I1II1I1\1\\\\\\\ I?t!"'''~ctr( Printed Name Here /,,, rJ NotalI' Public for the State of Montana Residi~g at # JI'l-J Ci j/} .A-1 ''''- My Commission Expires: I CJ LEGENDS AT BRIDGER CREEK n ANNEXA nON AGREEMENT 15 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS LEGENDS AT BRIDGER CREEK II ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 27-28, Mount Baldy Subdivision and Tract 2 of recorded plat in Film 12, Page 825, and situated in the NE 1/4, SW1/4 & N\'I/%, SE 1/4 of Section 32, T1 S, R6E, PMM, Gallatin Coun ty, I\lontana. Said tract contains 57.29 acres, more or les s, along with and s ubj ect to all easements of record or apparent on the ground. If) ~ CSH~ N o COot- CO 10 8 UI~~ NOi~ Ol- N 1lI<D 0..0 _oi _IS ~ ~I Bridger Drive, which will be caused by the development of the above-described property, the owner has === N _ u I waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or =00 -"'1 -:I: - IE' more special improvement dis tricts for paying, curb, gutter, sidewalk, and drainage nnprovements =01 _u - =1 to Story MiD Road and Bridger Drivej and for signalization of the intersection of Story MiD Rd -II -.....1 _..... === ~ and Bridger Drivej or to make any written protest against the size or area or creation of the district, or =~I . 1 1 I iCity of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, IN CONSIDERATION of receiving approval for annexation of the subject property from the ! the receipt 0 f which is hereby acknowledged, and in recognition of the impact to Story Mill Road and -..... _..... !!!!!!!!!!!!! E i method of assessmen t to be assessed in response to a duly passed resolution 0 fin ten tion to create one or -Q)' _~i = ~ more special improvement districts which would include the above-described property. --- ;1' !!!!!!!!!!!!! .J::. _u 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 covenan t running with the land and s hall not expire with the dis solution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the \Xraiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this day of ,2006. I LEGENDS A T BRIDGER CREEK II A1--1NEXA nON AGREEMENT 161 0.. It) ~ IS:::: N G CO'Q t- COt-8 U)~ ~ Nw~ 01- N~:g iiiiiiiiiiiiiii g, -~I' _N iiiiiiiiiiiiiii iiiiiiiiiiiiiii ' -u -I/) ~I' iiiiiiiiiiiiiii 0 iiiiiiiiiiiiiii ul -= iiiiiiiiiiiiiii <G -- -- -III =<.:> =1 _01 -- -- -....., =E:' -~ -.... -0, =_1. -~! _.I:. _U LANDOWNER fijr~Ck~ Edgefield, LLC STATE OF MONTA1'\A ) :ss COUNTY OF MISSOULA) On this IltiL day of ,2006, before me, the undersigned, a Notary Public for the State of ~1ontana, ersonall' appeared]. Patrick Corrick, known to me to be the ~~/t~ lJUJ17.b/A _ (print title here) of Edgefleld. LLC the company that executed the within iostru en and acknowledged to me that she executed the same tor and on behalt of said company. IN \V'ITNESS \VHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. , ., \ \ 1 1 I I II (SEAL) ....< ~,\'>.\.\Y. ::::'~~:/// ... (.: . ,~"..- ...~ ,........ ..... ... ........, . 0--- -. . '.' ,""; l ,-, C', ,<1 I . - :: u:' ',.," . 1"-: -g : :: "*. C' -::7 f~ 1 : * .: -;. (f'" O:L.r:L:.L.!.~:: ". ), '. ,'~ .... ......... ':!r/.~ . , , ' ' (,'?- ......... ...../ '~OF f,~O~ <, // \1' \' III j I 1\ \ \ ~~h~~ ~te~~~e:: ", ~ '~<5r/lNDIFOf!l) Kotary Public for the State of Montana Residing at!3"FzI.XYYI:;W. , ~fontana My Commission Expires .3/;I.~,/;C01 (U se 4 digits for expiration year) I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT 171 LANDOWNER: Bf~!i::- Property Owner STATE OF MONTANA :ss COUNTY OF GALL\TIN) On this I)... day of ~ tLv\ lA-CG\.- i ,2006, before me, a Notary Public for the State of Montana, personally appeared Paul Ru~heimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WBEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) \ \ \ \ \ I 11111 ,,' \\OLTG '// ~,' Q '. . . . . . .-9 "^ <" , '""'. . ",- '" '," n"1p..RIAL'.~-:' _ .._,~v - .--.- '. -1c = r"""" tit,. '1 . :: ". '. \,'; I"~ \...I . .<:1:: - ,_,11-";'- ..~_ ~. .4<C................. ~ . I (","'?-~~ ,~ ~ -. Ii 1/ '><"J(/~~ ,Wrt- Pdnted Name Here I L' f) f- re v--e... N otarv Public for the State of Montana Residing at 8cn,e~, Y1-1 T My Commission Expires: (1'7/0 1.12- 00 8" a- U) &l S~~ COOl- CO(Jl~ 1O~~ ..0) NOIGl lll- N<OcD a. G 611 G. .;1 }:jl 1 1 o --=111\ .... --= IE kl 01 --=:0 .sl "iG1 -I -;;1 C> '\'1 ::1 ~.~ "E. --""'! 01' ..., ... 0, - ;: 6 - LEGENDS AT BRIDGER CREEK Il ANNEXA nop; AGREEMENT 18 ~ LANDOWNER: ,~ ""- )\/~~3- STATE OFWASHINGTO~) :ss COUNTY OF KING) , A-.- ( J. On this /4- day of \.,ilz~>~_.t~ ,2006, before me, a Notary Public for the State of\XTashington, personally a~iared Mary ictor, known to be the person whose name is subscribed to the within instrument and ae:knowledged to me that she executed the same. IN 'W'ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0- Ul ~ S~N o COor- COrng U)~~ N Oi:g 1II- N~1S _0 _0. !!!!!!!!!!!!! .t I ~~ ~I ---- _u === ~I _E: -.... ~E:I _8 === .51 _";G.I -- !!!!!!!!!!!!! ~ === 91 ---- "I ---- :: _.~ =E: ~~: -.. -0 -- -<- -Ill ~{j (SEAL) C., ~/ ~ PrAlted Name 'e& . {N~tary PUbli~'C [. .. the State ' Washington / Residing at . /.jl1/7Id..../JU.-I.I...., 2).It" My Commission E~~ 2 J ?-po;', Notary Public State of Washington JEANETTE D. GREENFIELD MY Appointment Expires Dee 26. 2007 I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREE1\.1ENT 19\ LANDOWNER: ~~(~ '- (/'\" ' " t- - ~, " L Civ -, .\....\.-. k.o..:~,~, By: Peter Rugheimer Property Owner STATE OF MONTANA :ss COUNTY OF GALL\TIN) 1/ .' l f On this j ~ day 0 f .:r a.. Y"'v , 2006, before me, a Notary Public for the State of Montana, personally appeared Peter Rugheimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS \X/HEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. , ..-<<lIfilll1111l11I1IH1l:qIt; .~~.; C P ",.. '4r,~ ,*"",.... ~~\:.- . ut::D ~." ,# ~Ci'''~.:'''''''' Q/~' ff~~'{..Rlfi"'" :::-,'%. il..r...~~~~ J '-1<'\~~ g : S-A' ~ % ~: 't- ~ : ~ ~'t ----:~ % ~,. .~l $ %0'.... ,f';,>-2 ~ .r ~.. PJ!&,p~_~ ~ d.?" ~ '1 Jj ....e6~ ~A; y.. - ij?:"V ~q~ E: OF t IIG"~ '.11>~'*' llj-ltiliJ1i'ml! !.l:~n"L~u1i.\"'''l a.. 10 &; "gN' <'IN G COo.... COsg 1O~.~ N<IIG m- N"'''' I Q.G , sl GI ";1 ~I 1 I ul --=If) ....1 --= lE ~I lEI 3' c' :':1 "" :::1 =-- ~I '\'1 :::1 ~'~I lE --"""""'! <III :;1 ____ 0, --= - L- 1. _u ~~ ~ ~ ' ", \' . --.......~' ~~~~, ,,'1~. ~ . Printed Name Here\' '(O,"{\l,'f\F, f> - Sc; cl~\rj1 ,-,V\ Notary Public for the State of Montana Residing at &s\sro..d~ I'YS ~I My Commission Expires: Ci,-!-~O 201 I LEGENDS AT BRIDGER CREEK II A~'NEXA nON AGREEMENT a.. It) ~ S~N G COot- CO~g U)N~ NGi~ m- N&~ iiiiiiiiiiiiiii gl !!!!!!!!!!!!!! .i iiiiiiiiiiiiiii j;jl iiiiiiiiiiiiiii =1 _u _ ~I or more special parks maintenance or improvement districts for a City-wide Parks Maintenance -I- ~E. _ (3' District, or to make any written protes t against the size or area or creation 0 f the dis trict to be assessed in - ~.Sl -..- iiiiiiiiiiiiiii lU response to a duly passed resolution of intention to create one or more special parks maintenance or ====:::1 r -Ill =(lI ~; improvement districts. -~ _.~ =E, !!!!!!!!!!!!!! <II -+' -~ -0 =~ iiiiiiiiiiiiiii ~ ~ 6 City-wide park maintenance, we agree to participate in an alternate financing method for completion of .. EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS LEGENDS AT BRIDGER CREEK II ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 27 -28, Mount Baldy Subdivision and Tract 2 of recorded plat in Film 12, Page 825, and situated in the NE%, SW1/4 & N\Xn/4, SE1/4 of Section 32, TiS, R6E, PMM, Gallatin County, Montana. Said tract contains 57.29 acres, more or less, along "vith and subject to all easements of record or apparent on the ground. IN CO NSID ERA TI 0 N of receiving approval for annexation 0 f the subj ect property from the City of Bozeman, along with accompanying righ ts 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 In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the 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 \'\.I1th 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 \'(iaiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this day of ,2006. I LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT 211 j' a. It) ~ S~N Gl COot- CON~ U)N~ Nm~ lll- N <ll<O a. 51 511 --- 511' -. -~ =N1 _N _ul _<II === i:1 -I- -E:' ==== 01 -u .sl -:;l' --I -- -<ll ==== '1'1 ___ Ol -- -- _.~ =E:I -Gl, ....1 -.... -0 -- -L -<ll !!!!!!!!!!!!!!! 61 " LANDOWNER By1'pa?:= ~ Edgefield, LLC STATE OF lvIO)JTANA ) :ss COU)..:lY OF j\nSSOCL'\.) On this f ,-Hv day of 011AiUJ(AAll ,2006, before me, the undersigned, a Notary Public for the State of Montan= Patrick Corrick, known to me to be the ~j~ 7"r/tIJ1/Y ( (print title here)of Edgefield. LLC the company that executed the within i st e, and acknowledged to me that she executed the same tor and on behalt at said company. IN WITNESS \~HEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. , \ \ \ I I J .I '! (SEAL) " " \.> \..';: E ,~<,;~.: / / / " ,\\;"'. . . . . . :'\10 /", , c~ . . ~ '" ~ -~'~'\~OIAR/-'1/"C?n:. -L.. . ... . .. = () . _0_ . 0 = ::*. .*::. - . SEAL. - "'01. .",...... ... ';>.. . " .... /" "1)'-;" . . . . ., ~~ ".. "/ <.;'OF.~O~......' /1 IV' \ \ 111111\\\ ~. . . -Z~4d~efi:CA#O'COeY Kotary Public for the State of Montana Residing at Pnfi..WILuA. , ivlonrana ~1y Commission Expires _1j2G7,txc.>f (U se 4 digits for expiration year) I LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT 221 LANDOWNER: IU ~i~, By: Paul Rughei er Property Owner STATE OF MONTANA ) :ss COUNTY OF GALL\. TIN) On this / ;A day of 0CU1l.--L:J<..Ar 1 ,2006, before me, a Notary Public for the State of Montana, personally appeared Paul Rugheimer, known to be the person whose name is subscribed to the ,vithin instrument and acknowledged to me that he executed the same. IN WITNESS \'('HEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. D- an ~ S~N a COor- CO<'lg U)N~ N Gig: 01- N~~ iiiiiiiii g !!!!!!!!! q- iiiiiiiii ~ iiiiiiiii -0 III -- iiiiiiiii :E -IE iiiiiiiii 0 iiiiiiiii U _c .~ iiiiiiiii --;;;; -~' !!!!!!!!! -;v C) iiiiiiiii J, iiiiiiiii ::: -i: !!!!!!!!! GI iiiiiiiii :; -0 - iiiiiiiii '- !!!!!!!!! ~ _U . ; " ! ' J I I (SEAL) . " " : '" 'J L -/ '// . . '~."'. Q -9 <" . .' . (' // . '. .., , 'J 1. A RIA i. ~:. -.J . \~ ._ '. = -=- * ". ~1"AL : * ~ - L-it .- ,. lJ"l' . -.::::.." ... ,/ .>.. ~ ... ~....... '>'-11...... (~<' // ~O~..~O't \' / .,~ \ \ I I I I I \ \ \ \ . -t: A ~ftJ j.) /J,:/:c"1 j~( l-J!..-- Printed Na~e Here / I ii,('tr.;.. u. flU fry r-:" C/~ Notary Public for the State of Montana Residing at 8C52-E'.-A"'" D..A' f"1/i T My Commission Expires: 0 '7 10 I 12.0 (, K . . I <."J I LEGENDS AT BRIDGER CREEK II ANNEXA no;..; AGREEr..lENT 231 '" ~ It) ~ IS~N COo~ CO... ~ lON~ N Qig: 01_ N~:g _0; _0' - -... =N _N - - - -U =lIl -...., iiiiiiiiiiiiii ~ . _IE: iiiiiiiiiiiiii 0 . iiiiiiiiiiiiii U _c _.~ =;; -- -- -Ill =Cl =1 _01 -- -- _.~ = IE: ~lll iiiiiiiiiiiiii ~ -0 =- iiiiiiiiiiiiii :u ~.I:: _U LANDOWNER: J '""^ \_-t, \-~~ : Mary Wictor Property Owner STATE OF W ASHIN GTON) :ss COUNTI' OF KING ) ;'Yt...- l On this J-9 day of . . ,2006, before me, a Notary Public for the State of\Xt'ashington, personally wpeared Ma ictor, known to be the person whose name is subscribed to the \\rithin instrument and.Jcknowledged 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. (SEAL) -----............------ - PP4ted Name He eu dW .N9'tary Public f?r the State of Washington -it . Residingat\:' :.IJ7/J~~, kJ/7 My Commission Ex~e:!-c'~ )..- ~ ~J.6 NOtary Publle State of Washington JEANETTE D. GREENFIELD M.y Appointment Expires Dee 26. 2007 ---------.....- I LEGENDS AT BRIDGER CREEK II ANJ\'EXATION AGREEt...1El\'T 241 . LANDO~ ~ ~ '\ '. /~ " / / 7 /' By: P~ter Rugheimer Property Owner L~~~ / I I I I '7 I ~/ LiO?::> I I r STATE OF MONTANA ) :ss COUNTY OF GALLATIN) On this J ~ day of .:r C\ Vv ,2006, before me, a Notary Public for the State of Montana, personally appeared Peter Rugheimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN \'<:/ITNESS \'('HEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. __~~lIInR~.~< ....'1><$>.......".. 0 SL- "",__ ~o/?" \ ;..~-- ,. cD", .~~, .;:;.' ~) ~.- .'-1/" '-'"'-. $~ ~ ~~ i. ,:~~~<.:'_;~:- ~...::t''''' '';'' < -. ~ I' "-: ~ :-- :-; \/- \ ~ :'::Jr:-Ai 5 ~ \\"- "-lJ ~ o<~~_ ~~,~$ ~~. .,1..... ~ t),- ,,'IiO ~ &.~ ~<'- Ai Ir- "-. .... ~1(- ~ ~~~;:: OFM:)~ 'iIII.rJlll1mmttl)\" ,- ~ ""'. ~ .~ '\ '\:'\2 '" '" <; ~~~'>- " ~'---")\~~~~ Printed Name Heref{'c:n\L~E. r. C;./dfFJ....J/\ Notary Public for the State of Mon tana Residing at ~a::}qd ~ ~ _. / My Commission Expires: q -I-').D~ It) ~ lS~N COo ~ COI!l~ U)N~ N Oig: m_ N IlIUl D.O iiiiiiiiiiii :5 !!!!!!!!!!!! <<t _N N iiiiiiiiiiii !!!!!!!!!!!! iiiiiiiiiiii -u === ~ iiiiiiiiiiii JE -~ iiiiiiiiiiii o. iiiiiiiiiiii U ' _c ,~ -- _Ill -- -- -Ill =e>. =1 -~; -- -- _.~ =JE !!!!!!!!!!!! QI _:::, 0.- _~i !!!!!!!!!!!! 1 _U I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT 251 .~ "'.a . ,,,... . ii..' ~..' :., ''\ - ,,:.",~- '......'... .'." ! ~./ . i ~~~~ 1 I 1 \ !~ ...:.:"t~ :€' ~~.. ~. ~~. ., ,..-~ .,. F ~ .. ~.\:w- ,'<L_.:%+' .. .' ': ". . ., . ~.. Exhibit C 1111111111111111111111111111111111111111111111111111111 Charlotte Mills-Gallatin Co MTMISC - ',- .-- .-.;:,~ -........ 2268805 Page: 26 of 32 06108/2007 02,52P 224,00 ~ ~ I I ~'t;,~ .. *'"#.;." .,t...., .. ""'~. .,,': t'. ..' .-,;. .~ t.. >) , ,. ., ~...: 'iii .~ ~ v....> _.. . ~~-~ ,;,. ~ ~ ':~!M-5MI. ~aL l+a!'l ~ DA IT: 10/18/05 SCALE: N TS P R OJ . LEGfNOSII ExhibLt C PLOTTED DA IT: Jcn/D5j20G6 DRA'MNG N AM[: c: ~OJECT I JSI!S9 10021 "CA{lIDJB1T5/~ALDl'IIG 91EET ~ OF i-PAGE '^", .....' ~ - --@--- ~. \/ .~, "'_WI L.uT' l.C'Tl .,........., .,..W1 ::~iur. ' ~i- ~i: ~i ~i 5~ 3~ :::: ~! " " ~~ ~~ ~c-=-'* ............' ....- l.-.r" U'Il'Sqf' o~~'n ~i 'j; " ~i ~i ~l c, ,~ '1 ,~ ,~ '! ., 3! . - - - ~l " ,i ;,j ,) ~j " .) " 'l ~! ,I '! '! ~~ ~~ '! " :::i ,j; ~~ " ,j ,j; S~ :! '! '! ~!; 3~ 3~ '! ~~';',~,.,;';:., ~"l ....... ......... '-<U:1f#1 ,-- lc<l"" !".,.."5<i1 .......""', T ,-l.-'l .........' -..' ,.1 "oT., i~ ....""'5<#1 ~;~ ."""..' "'_501"1 '....""", _n:>: ,..-"", ..".;;,,~~ .......... ,~- ...-,1" _w, T~~~' .">< is ~~ h ~s :~ ......."", ~... ..... ~_....' ~t ~~ " ~ ~ I i \ \\\\1\ \\1 1\\\\ 'I~\ 1\11 \\1 '111\\1 III \\I~\' ~~~, ~~~~~;2P Charlotte Mills-Gallatin Co MTM1SC FIELD I'IOOK~ DATE: '/5/06 DJ!~1HN BY, ~EE SCALE: "~20Q' C~fCKED 8Y~ PROJ :lEGE~DSll LEGENDS "BRIDGER CREEK II ~ ExhLblt D PLDTTED DATE: Jon/05/2005 DRAMNG NAME: C: F'fI'OJECT /J.9S9/002/ACAD/pRE-PLA TjR(IAQ'iK-tIcrllOCATlCf.l.D SHEET ~~ ~E , ~.IWC IQ UMllTlC,. w: ,_ tDD8II. '9.Ilt Ilo. --.. '4!d1'\5 ~ ttarp!fll,-.... ~ [G;I ~ ClIEN T: EDGEF!ELO " ill , 1i- EXHIBIT E The landowner acknowledges and agrees that development of the proposed subdivision will comply with the goals and policies of the City's 2020 Community Plan and recognizes the City's concern for implementation of progressive urban design as outlined in the 2020 Plan. Compatibility of the proposed development is important to maintain the land use patterns of the area. The development will be wen integrated with the surrounding area. To the West; a The development will connect to Boylan Road as it terminates in the Legends I Subdivision. a The parks for the two subdivisions were located in the same area to aggregate them into a larger regional park. a There will also be future street I right-of-way connections provide to the undeveloped land south of Legends I Subdivision. o The trail system will connect to the existing trails in Legends I Subdivision To the South; a North I South access to the park and stream corridor will be provided to the residents ofMt. Baldy and Vogel subdivisions. o 30' dedicated public right-of-way has been provided along the entire southern border for access to the backs of the Mt. Baldy and Vogel subdivision lots. o Water I Sewer mains will be located in the south boundary alley for future hook up for the Mt Baldy and Ed Vogel Subdivision lot owners. l To the East; a Street and right-of-way connection to the pre-platted streets in Creekwood Subdivision. o The trail system will connect to the planned trails in the Creekwood Subdivision. a The south boundary aney right-of-way will connect to the platted location of alley in Creekwood Subdivision. To the North; o A future street I right-of-way connection will be provided to the undeveloped land to the North. The existing City residential developments (Headlands Subdivision) and County residential developments (Mt Baldy and Ed Vogel Subdivisions)to the south of the proposed Legends II subdivision are single family homes of a mixture of single and two story medium size houses, as shown below. The proposed lot sizes for the Legends II subdivision will support homes of a similar nature. 111\1111\\\1111\\ 11111 1111111 1\111111\1 1111111111 II 11\1 g~f~of,:, Charlotte Mills-Gallatin Co MTMiSC 224.00 .. ~=.... I: I I !! .... HEADLANDS SUBDIVISION ii . I I '; i _'~_~. -~~".~ ~....' ~....:. ~ - ~ - - ~~~... _\c' _ _ . ~A ~ .~...~ , MT BALDY & ED VOGEL SUBDIVISONS I " I! I MT BALDY & ED VOGEL SUBDIVISONS 11111111111111111111111111111 1111111111111 1111111 111111 ~~~f~of,~, Charlotte Mills-Gallatin Co MTMISC 224.00 , -~ ~ ~ . .. It is important to note however, that the adjacent subdivisions were not platted under the current UDO requirements imposed on the Legends II Subdivision. While the home sizes and architectural design anticipated will be compatible with the adjacent subdivisions the sizes of lots will definitely be smaller. Chapter 18.42.180 of the uno stipulates that "Lands subdivided after the effective date of this ordinance shall meet the requirements of this section and shall not have less than a minimum density of six units per acre... " Additionally all new subdivisions are required to "have a minimum of 10 percent of the buildable net acreage dedicated to Restricted Size Lots (RSLs)" to meet the affordability requirement of the ordinance. The applicant has requested no variances or deviations from these standards. Clearly the lot sizes of the Legends II Subdivision will be smaller overall than lots in the adjacent subdivisions - (See attached 11 x 17 Exhibit D). However, all proposed lots will meet or exceed the minimum area as set forth in Section 18.16.040 table 16-2 and a minimum width as set forth in table 16-3 of the Unified Development Ordinance (UnO) shown below: Lot Area Minimum Lot Area in Square Feet R-S R-l R-Z R-3 R-4 R-O RMH Single-househokl dwelling Sce Paragraph 5,0001 5,0001 5,000' 5,0001 5,0001 5,0001 B below Two-household dwelling - - 6,000 6,000 6,000 6,000 - I,ot area per dwelling in three- or four-household - - - 3,000 3,000 3,000 - dwelling configurations Townhouses - - - 3,0002 3,0002 3,0002 - Apartments - first dwelling - - - - 5,000 5,000 - Apartments - each dwelling after the first - - - - 600 600 - Additional arca required for an accessory dwelling 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 - unit" Table 16-2 Lot Width Table Minimum Lot Width in Feet R-S R-l R-2 R-3 R-4 R-O RMH Single-household dwelling S~e Pa~aph B 50 50 50 50 50 50 beluw Two household dwelling - - 60 60 50 50 '" /\xcessory dwelling unit' 50 50 60 60 60 60 - Dwellings in thrcc- or four-household - - - 60 60 60 - dwelling configurations Townhouses Width uf Width u[ Width or - - - 1I1tcnurUllU$ intenor units Interior umt~ - All other uses SC~ PliI"agraph D 50 50 50 50 50 50 hc.lnw Table 16-3 I111111111111111111111111111111111111111111111111111111 ~~;~f~,f,~, Char lot te Mi lls-Gallatin Co _I"ITMISC 224.00 ~ It' .. . Legends II Subdivision has received a zoning designation of R-l. The lots will be Single- household dwellings with a minimum lot area of 5000 SF (and an additional 1000 SF if the design includes a detached structure). The maximum building height will not exceed the standards outlined in table 16-4 of the uno. Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-S R-l R-2 R-3 R-4 R-O RMH Less than 3:12 24 24 24 32 34 34 24 3:12 or greater but less than 6:12 30 28 28 38 38 38 2R 6:12 or greater but less than 9:12 34 32 32 40 42 42 32 Equal to or greater than 9:12 38 36 36 42 44 44 36 Table 16-3 Landscaping requirements as outlined in the following uno sections will be followed: 18.48.050.A, which establishes a requirement for landscaping of required yards, and Section 18.48.050.E, which applies to the boulevard strip between sidewalks and the street. The final important section is Section 18.80.1500 which defines landscaping and reads as follows. 18.80.1500 LANDSCAPING At least 75 percent coverage of an arca with natural grass, vegetative groundcover or other natural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For purposes of this title, the term landscaping shall be considered to have the same meaning as the terms landscape, landscaped and landscaped area." c..u.\"Io. r . F~;;;-; r ~YO ~ ~ ~l jl.----'Tr-- \ . . , I . I I I \( II \...). ~ ~ l~~ .'^l ~l'1 I b! - lJ- ----11.1-----1 t: I L .p..Q.~._ .~.~~~. _l~ 11"1\1 "\11 11"1 1\1\1 \"1\1\ "I 1111"\ \11 "II 1111\ 1"1 ~~~~?~~, Charlott" Mills-(;apatin Co MTMISC_ 2_24.00 -- ~ ''C \(.' .. . Some of the lots are designed to front onto green space corridors. This will create neighborhoods that face each other across landscaped green corridors rather than across a city street. See conceptual photos below for an example of how this could look. ,:\ "" Further the orientation of buildings, and visual integration as they pertain to setbacks as outlined in the UDO and the proposed Subdivision PUD will be followed and align similarly with the neighborhood characteristics of the existing surrounding homes. Applicant will ensure these requirements are outlined and disclosed to potential builders through Design Standards implemented with the subdivision Covenants. 1111111111111111111111111111111111111111111111111111111 ~~,~f.~,f,~p Charlotte Milis-Gapati" Co ~TMIS.f ~24.0Iit