HomeMy WebLinkAboutResolution 4019 Norton East Ranch Annexation #A-06002 (2271269)
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. Boz~man City Clerk
P.O. Box 1230 1 11111111111 1111111111111111111111111111111111111111111 ~~I~~~?~,
Bozeman, MT 59771-12::MMISSION RESOL~:~~'::::::"7 "'Ise
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZE AN,
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 OJ<' THE CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT.
147.00
WHEREAS, the City of Bozeman received a request for annexation from Freund-Spencer, LLC, owner
of a tract of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
a certain contiguous tract of land lying along the north side of Huffine Lane in the County of Gallatin, State of
Montana; and
WHEREAS, Norton Properties LLC is the current landowner of record of property described as the
SE%NWIA, SW%NEIA, EV2SWIA, W1f2SEIA in Section 9, Township 2S, Range 5E, PMM, Gallatin County,
Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; 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 July 12, 2006; and
WHEREAS, Commission Resolution No. 3919 was adopted by the City Commission on July 12,2006
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. 3919 was duly noticed and held on
August21,2006;and
WHEREAS, AI Lien, 8507 Huffine Lane, spoke at the public hearing, requesting more details about
the proposal and expressing concern about traffic conditions in the vicinity; and
WHEREAS, no other members of the public expressed objections to said annexation at the public
hearing; and
WHEREAS, the City did not receive any written protest from the real property owners of the area to be
annexed; and
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Charlotte Mills-Gallatin Co MTMISC
147.00
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WHEREAS, on August 21, 2006, the Commission authorized and directed staff, upon satisfaction by
the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of
this tract in accordance with Commission Resolution No. 3919; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements,
water rights or cash in lieu, waivers of protest against creation of SID's and water and sewer hookup fees, to said
contiguous tract as described is the subject of a written agreement between the City and Norton Properties LLC;
and
WHEREAS, said contiguous tract is described as described as the SEiNWIA, SWIANEIJ4, EY2SWIA,
WY2SEIJ4 in Section 9, Township 2S, Range 5E, PMM, Gallatin County, Montana; 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 239.1 acres of
land, to wit:
Tract
Being a parcel of land located in the SE1/4NWl/4, SWl/4NEI/4, EI/2SWI/4, Wl/2SE1/4 IN Section
9, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly
described as follows:
Commencing at the NE 1/l6th corner of Section 9 being the True Point of Beginning;
Thence South 02030'04" West a distance of 1340.84 feet;
Thence South 02008'35" West a distance of 1332.23 feet;
Thence South 89034'10" East a distance of 41.02 feet;
Thence South 02008'35" West a distance of 1225.04 feet, to the North Right-of-Way line on U.S.
Highway 191;
Continuing along said Right-of-Way through the following courses;
North 89016'33" West a distance of 479.49 feet;
North 89031 '35" West a distance of 398.97 feet;
North 75029'25" West a distance of 41.23 feet;
North 89031 '35" West a distance of 809.51 feet;
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Along a curve to the left, with a Radius of 11539.16 feet, a Length of 400.50 feet, a Delta of
1059'19", a Chord Bearing of South 89028'45" West and a
Chord Length of 400.48 feet;
South 88029'06" West a distance of 252.77 feet;
South 74049'46" West a distance of 42.36 feet;
Along a curve to the right, with a Radius of 11389.16 feet, a Length of 286.49 feet, a Delta of
1 026'28", a Chord Bearing of South 89012'20" West and a Chord Length of 286.48 feet;
Thence leaving said Right-of-Way North 02022'18" East a distance of 2572.93 feet;
Thence North 02027'31" East a distance of 1341.77 feet, to the NW 1/16th Corner;
Thence along the North 1/16th line, North 89056'33" East, a distance of 1337.24 feet, to the CN
1/16th Corner:
Thence continuing along said 1/16th line, South 89012'30" East a distance of 1320.25, to the True
Point of Beginning.
Said parcels contain 238.97 acres more or less, and is subject to all existing easements of record or
apparent on the ground.
Highwav 191/Huffine Lane Right-of-Way
Being the Right of Way of U.S. Highway 191 located in the SI/2 of Section 9, and in the N1I2 of
Section 16, Township 2 South, Range 5 East, P.M.M., Gallatin County, MOtltana, being more
particularly described as follows:
Commencing at the Southeast Corner of Section 9, Thence North 84045'[)3" West a distance of
1293.77 feet to the North Right of Way line of U.S. Highway 191, bcirig=the - Tnte Point of
Beginning;
Thence South 02008'35" West a distance of 157.22 feet, to the South Right of Way line of said
Highway.
Thence along said Right of Way through the following courses;
North 89"16'28" West a distance of 471.81 feet;
South 00043'32" West a distance of 15.00 feet;
North 89016'28" West a distance of 13.50 feet;
North 89031 '43" West a distance of 2223.17 feet;
Leaving said Right of Way, North 02022'18" East a distance of 148.80 feet, to the
North Right of Way line of said Highway;
Thence along said Right of Way through the following courses;
Along a curve to the left, with a Radius of 11389.16 feet, a Length of 286.49 feet, a Delta of
1026'28", a Chord Bearing of North 89012'20" East and a Chord Length of 286.48 feet;
North 74049'46" East a distance of 42.36 feet;
North 88029'06" East a distance of 252.77 feet;
Along a curve to the right, with a Radius of 11539.16 feet, a Length of 400.50 feet, a Delta of
1059' 19", a Chord Bearing of South 89028'45 " West and a Chord Length of 400.48 feet;
South 89031'35" East a distance of 809.51 feet;
South 75"29'25" East a distance of 41.23 feet;
South 89031'35" East a distance of 398.97 feet,
South 890 I 6'33" East a distance of 479.49 feet, to the True Point of Beginning.
Said parcels contain 10.6 acres more or less, and is subject to all existing casements of record or
apparent on the ground.
Section 2
The effective date of this annexation is May 7,2007.
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Section 3
The annexation of the above-described tract is su~ject to the tem1S of the Agreement dated May 7, 2007,
by and between the City of Bozeman and Norton Properties LLC, owners of said tract of land,
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 7th day of May 2007,
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APPROYED AS TO FORM:
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Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
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Charlotte Mills-Gallatin Co_ MTMISC _
147.00
NORTON EAST RANCH
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 7+/A-,dayof ,2007, by and
between the CITY OF BOZEM..l\N, a municipal corporation and political ivision 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 Norton Properties, LLC,
2464 SW Glacier Place, Redmond, OR 97756, hereinafter referred to as "Landowner."
WITNESSETH:
WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter
referred to as the "NORTON EAST RANCHANNEXATION," situated in Gallatin County, Montana,
and more particularly described as follows:
A tract of land being the southeast one-quarter of the northwest one-quarter, the
southwest one-quarter of the northeast one-quarter, the east one-half of the southwest
one-quarter and the west one-half of the southeast one-quarter of Section 9, Township 2
South, Range 5 East, P.M.M., Gallatin County, Montana.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts;
and
WHEREAS, the NORTON EAST RANCH 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 MeA Title 7, Chapter 2, Part 43;
and
WHEREAS, all parties recogruze that the annexation of the NORTON EAST RANCH
ANNEXATION pursuant to Section 7-2-4301, et seq., MeA, will entitle 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
Norton East Ranch Annexation Agreement: Page 1 of 16
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WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably
adequate water scrvice 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 NORTON EAST RANCH ANNEXATION;
and
WHEREAS, all parties recognize that the development of the NORTON EAST RANCH
ANNEXATION will impact Durston Road, West Babcock Street, HuffIne Lane, Laurel Parkway 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 NORTON EAST RANCH 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
WHEREAS, the partics have determined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety, and welfare of the community to enter into
and implement this Agreement.
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the NORTON EAST RANCH
ANNEXATION with the City on May 15, 2006. The City, on July 17, 2006, adopted Resolution of
Intent to Annex No. 3919 for the NORTON EAST RANCH 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 Tide 7, Chapter 2, Part 43, the City shall,
upon execution of this Agreement, adopt a Resolution of Annexation of the NORTON EAST RANCH
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
Norton East Ranch "\nnexation Agreement: Page 2 of 16
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prov1S1ons of this Agreement and effectuate the annexation of the NORTON EAST RANCH
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 NORTON EAST RANCH 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 NORTON EAST RANGl 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 NORTON EAST RANCH
ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development
charges which may be established by the City. Upon annexation and availability of services, any
existing residences or businesses on the subject property must be connected to City water and
sewer utilities. 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 oflines or construction of necessary improvements at any
cost to the City for collection of sewage at and within the NORTON EAST RANCH 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 NORTON EAST
RANCH ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or
development charges which may be established by the City. Upon annexation and availability of
services, any existing residences or businesses on the subject property must be connected to
City water and sewer utilities. The existing on-site treatment systems must be properly
abandoned and certification provided indicating that the abandonment has occurred.
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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 3907, Adopted August 24, 2006
The NORTON EAST RANCH ANNEXATION consists of approximately 241 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:
N ORraN EAST RAN CH ANN EXATION, consisting of a total of 241 acres, shall provide water
rights or cash-in-lieu prior to fmal subdivision plat approval, final site plan approval, or issuance
of building permits, whichever comes first.
The Landowner shall provide sufficient cash-in-lieu as calculated by the Director of Public
Service 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 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
The applicant is advised that substantiallirnitations for growth exist in the wastewater collection
system for this property, which will need to be addressed in conjunction with development of the parcel.
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 neccssa.ry to serve the full development must be in place prior to further
development of the site.
Norton East Ranch Annexation i\greement: Page 4 of 16
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Future Development and/or Subdivision
Landowner understands and agrees that there is no right, either granted or implied by the City,
for the Landowner to develop any of the NORTON EAST RANCH ANNEXATION until it is verified by
the City that necessary municipal services, including but not limited to police and fire protection, arc
available to all or a portion of the NORTON EAST RANCH ANNEXATION. The Landowner is hereby
on notice of the following requirements upon further development or subdivision of the NORTON
EAST RANCH ANNEXATION:
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a) 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.
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 fire service capacities. At the time
of annexation, the landowners shall pay all street and fire impact fees that are attributable for the
existing residence unless the structure is removed. At the time of connection to the City's water and
sewer facilities, the landowners shall pay all applicable water and sewer impact fees. The applicants
should be made aware that at the time of any further development on the properties, the land owners
and their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal
Code.
Landowners further understand and agree that any rmprovements, either on- or off-site,
necessary to provide connection of the NORTON EAST RANCH 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:
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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.
Elect any other remedy available to City under the laws of the State of Montana.
Any waiver by City of any default shall not be construed as a waiver of any subsequent
default.
b)
c)
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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. J t 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
Landowner understands and agrees that prior to development of the NORTON EAST RANCH
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 si:>;ing 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.
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12. Traffic Analysis Report
If required by the Engineering Department, the landowner shall provide a detailed Traffic
Impact Analysis Report(s) prior to future development of any portion of the annexed property.
13. Waiver of Right-to-Protest Special Improvement Districts
Landowner has executed, at the Gallatin County Clerk & Recorder's Office, 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 for
Durston Road, West Babcock Street, Huffine Lane, Laurel Parkway and Cottonwood Road;
signalization of the intersections of Laurel Parkway and Durston Road, Laurel Parkway and
West Babcock Street, Laurel Parkway and Huffine Lane, and West Babcock Street and
Cottonwood Road; and trunk sewer main improvements and a regional lift station. Further, the
Norton East Ranch .\nnexation Agreement: Page 6 of 16
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Ch.!r1-.?t~e _~il_~s:Gallatin Co MTMISC 147.00 - - -
landowner has executed, at the Gallatin County Clerk & Recorder's Office, a Waiver of Right-to-Protest
Creation of Special Improvements Districts for a City~wide Park Maintenance District, which would
provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of
the Annexation Agreement. Said Waivers are attached hereto as Exhibits A and B.
The filed documents specify that 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.
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.
15. Master Plan
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. Special attention to the provision
of adequate buffering, between the subject property and the existing conservation easements to the
west, will be of utmost importance.
16. Right-oC-Way Easement Cor 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 Laurel Parkway (90 feet), West
Babcock Street (90 feet), Fallon Street (60 feet), and north half of Huffine Lane (60 feet
minimum from section line).
Said easements will be f1led with the Gallatin County Clerk and Recorder at the time this
Annexation Agreement is flied.
Norton East Ranch Annexation Agreement: Page 7 of 16
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17.
Utilit;y Easements
Landowner understands and agrees that utility easements, a minimum of 30 feet in width, will be
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C~rlo~_t"~ill!-Ga~lat~_n c? MTMISC 147.00
necessary for the installation and maintenance of water and sewer utility services to the annexed parcel.
The Landowner shall create such easements in locations agreeable to the City during the appropriate
development procedure, but in no event later than the filing of any final plat or site plan or issuance of a
building permit on any of the parcels.
18. Wetlands
Landowner understands and agrees that a detailed wedands map and summary report shall be
submitted for the subject property with the signed annexation agreement. The map must be depicted
on an 18-inch x 24-inch paper copy and a compact disk in accordance with Section 18.56.050 'Wetlands
Mapping."
19. Cultural Resources
The J ,andowner acknowledges and agrees that 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 Department with the signed Annexation Agreement.
20.
Additional Terms of Waivers
The parties recognize that these documents shall be flied and of record with the Gallatin County
Clerk and Recorder prior to the sale of any land within the NORTON FAST RANCH ANNEXATION.
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The parties further agree that the City may flie these documents at any time.
21. Governing Law and Venue
This Agreement shall be construed under and governed by tlle 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
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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.
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147.00
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.
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 J ,andowners 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.
Norton East Ranch ,-\nnexation ,-\greement: Page 9 of 16
From:Big Sky Ldnd Consulting PLLC
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408+284+9992
02/21/2001 10:22
#047 P.002/004
cPtt~t
STATE OF fle>k.c- )
ss.
County of b'o./ h.~":'; )
On this 2./s:! day of re~,..uq ry ,2007, be ore me, the undersigned, a
Notary Public for the State of NIJ..:. fJlMJd..... , personally appeared'S:
to me to be the l11a..na. 9P.F of Norton Properties, C, the corporation
that executed the within instrument, and acknowledged to me that he executed 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><'11 Y\ 11~'> (print Name Here)
Notary Puqlic for the State of Montana
Residing at
My Commission Expires:
(Use 4 digits fot expiration year)
,~",\,,,~' Ht"""'" Penny Henesh
$"0~~" . . .'Y~U"<~ t\Jptary Public
fQ.....~OiAR/~~.?\ for~thate of Montana
~ * : -.~ : 1< ~ Residing at:
%<Jl~" SEAL....!('F Belgrade, Montana
". '.:5:'
'<'" ~6F' .~r,,'- My Commls81on Explre8:
,t~fl"'lillIlllll~I\'\\\\'.\'\' August 30, 2010
Norton East Ranch Annexation Agreement: Page 10 of 16
.
CITY OF BOZEMAN
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A ~ J' <.; .". ,", .
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"~ Or"MONTA
C~A.~
Chris A. Kukulski
City Manager
. . ;:.h!{l~~;,
~ ,': #1""" d'Yt.;-~.rr
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.
County of Gallatin
On this ~y 0 ,2007, before me, a Notary Public for
the state of Montana, perso y appeared Chris A. Kulkulski and Brit Fontenot, known to me to the
persons described in and w executed the foregoing instrument as City Manager and City Clerk
respectively, of the City of Bozeman, whose names arc subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of said City.
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IN WITNESS WHEREOF, I have hereunto set
and year fIrst a~W;lt#tt~,
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Norton East Ranch Annexation Agreement: Page 11 of 16
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1111111 111111111111111111111111111111111111111111111111 ~~93t?0~~P
Charlotte Mills-Gallatin Co MTMISC
147.00
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
NORTON EAST RANCH ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of land being the southeast one-quarter of the northwest one-quarter, the
southwest one-quarter of the northeast one-quarter, the east one-half of the southwest
one-quarter and the west one-half of the southeast one-quarter of Section 9, Township 2
South, Range 5 East, P.M.M., Gallatin County, Montana.
IN C::ONSIDERA TION 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
Durston Road, West Babcock Street, Huffine Lane, Laurel Parkway 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 for Durston Road, West Babcock Street,
Huffine Lane, Laurel Parkway and Cottonwood Road; signalization of the intersections of
Laurel Parkway and Durston Road, Laurel Parkway and West Babcock Street, Laurel Parkway
and Huffine Lane, and West Babcock Street and Cottonwood Road, 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.
Further, in recob>nition of the impacts to the City's wastewater collection system, 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
Norton East Ranch ,-\nnexation l\greement Page 12 of 16
.
improvement districts including but not limited to the following improvements: trunk sewer main
improvements and a regional lift station, or to make any written protest against the size Ot 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.
DATEDthi, 7~aYOf rvtcr
,2007.
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Norton East Ranch .c\nnexation Agreement: Page 13 of 16
.
.
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From:Big Sky Land Consulting PLLC
406+284+9992
02/21/2007 10:23
#047 P.003/004
tW't- /4'
STATE OF 1'11> ~_~c..... )
ss.
County of E';' Ii"" 1-/,J )
On this 21 5I day of Iid,.v~/v ,2007, before me, the undersigned, a
Notary Public for the State of Mn.sia,Jo- ~ personally appearedJf'PtJ/~J ~encP/" ,ktuvn
to me to be the /J7Ct..AJc.. 9.f!::r of Norton Properties, C, the corporation
that executed the within instrument, and acknowledged to me that he executed the same for and on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereWlto set my hand and affixed my Notarial Seal the day
and y'''' fir" above written. ~ ~
IIII,,'il' '/"'Ii/ p'~ eh Y\ 1; 'Me;" 'E?S. t., (Print Name: Here)
fr"~~' ,~e"';;,',,~ enny Henesh
4,<1.1.' . '. il';.... Notary Public Notary ubltc for the State of Montana
. /'fl.O~~~/~(": \ for tt!l;i'ata of Montana Residing at
:l *, SEAL ..; ReSIding at. M C E
\\'" . ,"!/ Belgrade, Montana y ommission xpires:
"",~"\;'~:&:1\,," My Comm/881on &;""'Ire.' (Use 4 digits for expiration year)
1f11~T'fI \\\\ A -.
"",", iI I "", ugust 30, 2010
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Norton East Ranch Annexation Agreement: Page 14 of 16
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1111111111111"" 111111 I11I 111111111111 111111111111 I11I
C~arlotte Mill~:Gallati~ Co MTMISC
2271269
Pase; 19 of 21
06/29/2007 04.37P
147.00
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
NORTON EAST RANCH ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of Montana,
and more particularly dcscribcd as follows:
A tract of land being the southeast one-quarter of the northwest one-quarter, the
southwest one-quarter of the northeast one-quarter, the east one-half of the southwest
one-quarter and the west one-half of the southeast one-quarter of Section 9, Township 2
South, Range 5 East, P.M.M., Gallatin County, Montana.
IN CONSIDERi\ TION of receiving approval for anncxation of the subjcct 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 fmancing 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.
Norton East Ranch Annexation Agreement: Page 15 of 16
.
.
.
From:Big Sky Land Consulting PLLC
408+284+9992
02/21/2007 10:23
#047 P.004/004
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.
-sr
DATED this 2/-dayof ~rLJa/u ,2007.
/
STATE OF ~,j~o...
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ss.
County of (bJ,6..f-......;...) .
Sr hA
On this 2/ -- day of 'roq,{f' ,2007, befor; me the undersigned, a
Notary Public for the State of ~~fqAJo....... , personally appeared&J'w ?J?e.nc:::.l1'J" )a:nm
to me to be the />1o../u:::_ ~ e r of Norto:o. Properties, ILC, the corporation
that executed the within instrument, and acknowledged to me that he executed the same for and on
behalf of said cotporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year 6rst above written.
~~~rinIN~H=)
N utary Public for the State of Montana
Residing at
My Commission Expires:
(Use 4 digits for expiration year)
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$ '~'OTARI'" .,..... fOn'--l~
~ :,.. _'_ ..~: ! '~.sJltliLlA/ate of Montana
\~'. SEAL " '* ~ aaldlng at:
\9.... ,"f} Selgrade, Montana
----"-?jO;;M~,"~. My Commission ExpIres'
"""",,,,,,,,,,\\,,''' August 30,2010 .
Norton East Ranch Annexation Agreement: Page 16 of 16
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LAND USE
C~~CUlTURt I~B
T ! CDS #
~ ZO~tt.::S Lt.C rt 900
SOZEMI\nBACK R~!S6
2415 EpH~IX, AI. 8
N
1337.24'
R=11389,16'
L=2~6.~9'" R=11539.16'
0=01 .26 1;8 " L=400. 50'
B=N89 12 2p E. , , "W 0=01' 59' 19"
CL=286 .48 574 49 4~ CB=S89' 28 ' 45 "w
42,36 CL=400.48'
Sea'29'OS''W
N02'22'18"E
148.80'
U,S, 191 R/W TRACT
10,6 AC,
TRACT II', CDS f074-B
ZONED AS
Se try Storcg<l Lt.C,
2U Pain!od Hills Rd.
8cuman, lilt. 597! 5
LAND uSE
CUR~ULTlIRE
cOS 1456,
/4 LtSS ,"'S HII'
W1/2NE1 1/2NW!/4 l.<'~ .
HwRW E ZONED. AS od Partners/up
'sea L,ml! Rd
KamP En~'l'f5 ChU~~11 59i41
Manhatlan,
LAND USE
CUR~~%iCUL TURE
2A COS #! OOSC
TRACT ZONED R2 Lt.C
~"N j)oKts STE 900
eOZO'E:L8ACK ROO 1 6
2415 E$NIX, At, as
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TRACT 1. sB~ol~SfoN
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VAlL ZONtD ~ LLC
eO~[.BACK ~I~E 9(lD
;P,O,B. 2415 tpHoENIX, At. USE
!to. T (NT IJoNO
'p'iORTON cU~GRICULTlIRE
PROPERTY
ST SUBDIVISIoN
V~~KEN ~W
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WEST BABCOCK ST,
90 ft, PUBLIC STEET
AND UTILITY
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TRACT 239,1 AC,
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60 ft, PUBLIC STEET
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N84'45'03"W
1293.77'
5.9
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13.50'
LAND UsE
CURREG~~Ul TlIRE caS 1456
A ""iI'T I, ,~
r """" ZONto ':"' Visser
k; eurmc. In
Bud ~Ss2 HUzr59i18
BoZeman,
02'08' 5"W
157.2 '
I.ANll..LISE
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AGR . I' CDS 25
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NW!/4NE! oNEP ~
C~nOnt ;t:28
p,o. ~'r.It. 59719
9a~'
S.9
NORTON EAST RANCH
ANNEXATION
BEING A PARCEL OF LAND LOCATED IN THE
SE1 /4NW1 /4, SWl /4NE1 /4, E1 /2SW1 /4, W1 /2SE1 /4 IN
SECTION 9, TOWNSHIP 2S, RANGE 5E, P.M.M,
GALLATIN COUNTY, MONTANA
S.\o
LEGAL DESCRIPTION
8elng a ~rc.1 of land located In the SE1/4NW1/4, SWT/4NE1/4, E1/2SW1/4, W1/2SE1/4
I N Section 9 , Town ship 2 South, Range 5 Eo st, P .1.1.1.1" Gallatin Cou nty, Montano, being mar.
~rtlcularly d..cnb.d a. foliowo:
Commencing at the NE 1/16th com.r of Section 9 being the TN. Point of Beg inning;
Thenc. South 02'30'04" W.st a dletane. of 1340.84 feet;
Thence South 02'08'35" W.et a dletance of 1332.23 feet;
Thence South 89' 34'10" Ea.t a di.tance of 41,02 f.el;
Thence South 02'08'35" W.et a di.tance of 1225.04 feet, to H,e North Right-of-Way line an
U,S, Highway \ 91;
Continuing along .aid Right-of-Way through the f..lowlng course.;
North 89'18'33" Wee\ a diotanc. of 479.49 f..t;
North 89.31'35" West a dl.tanc. of 398.97 feet;
North 75'29 '25' Wee\ a dletan c. of 41. 23 feet;
North 89'31 '35' Wee\ 0 dlstanc. of 809.51 feet;
ilJong a CUMl to the 18ft, with 0 Rodlu. of 11 539.1 8 f..t. a Length of 400.50 foet,
a Delta of 1'59'19", a Chard Boonng of South 89'28'45" Weot and a
Chord Length of 400.48 f..t:
South S8'29 '08" W..t 0 di.tance of 252,17 foe!;
South 74'49'46" W..t a di.tance of 42,36 feet;
ilJong 0 eu",", to tho right, with a Radlu. of 11389.16 feet, 0 Length of 286.49 fMt,
a Delta of 1'28'28", 0 Chard Boonng of South 89' 12'20" Weot and a Chanl Length
of 286.48 fMt;
Thence leaving laid Right-of-Way North 02'22'18" Eaot a dletance of 2572,93 feel;
Thence North 02'27'31" ta.t a dlotanc. of 1341.17 fe.t, to the NW 1/1 6th earn.r;
Thence alon<) the North 1/16th IIn., North 89'58'33" Eoot, a di.tance of 1337.24 fe.t,
to the CN T/ 16th Carner:
Thence cantinuing along said 1/18th line, South 89'12'30" Ea.t a distance of 1320.25,
to the Tru. Paint of Beginning,
Scid por-cefs conte1nl 238.97 .acre. mere or telS, am:! is subject to 011 e-)(itlttn"il easemenbl of
r.card or appa rent on the gr<lu nd.
LEGAL DESCRIPTION
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Being tho Right of Way of U.S. Highway 191 I<>c:ated in tho S 1/2 of Section 9, and In tM
N 1 /2 of Soclian 16, Township 2 South, Range 5 East, P.IoI, 101" Ganatin County, Montana,
being more ~rtlc ulany deecnb.d a. fallan:
Cammencing at tho South.a.t CarrHlr of Section 9, Th.nce North 84'45'03" West a dl.lance
of 1293.17 feet to tho North Right of Way lin. of U,S. Highway 191, being the TNe P,,;nt
of Beginning:
Thence South 02'08'35" w..t a di.tance of 157.22 fMt, to tho South Rigl1t of Way lin. of
.aid Highway.
Thence alon<) ""Ie Right of Way th rough tM fallowing """r...:
North 89' 16'28" West a d letanc. of 471,81 feet;
South 00'43'32" We.t a di.tonce of 15,00 fHl;
North 89'16'28" West 0 d letanc. of 13,50 f..t;
North 89' 31 '43" West 0 distance of 2223, 1 7 foe!:
Leaving ""id Ri<J ht of Way, North 02' 22' 18" Ea.! a dleta nce of 148.80 feet, to lho
North Right of Way line of IOld Highway;
Thence along .aid Right of Way through the fallowing """r...;
Along 0 eUMl 10 tho loft, with a Radius of 11389.16 fMt, a Length of 288.49 fMt,
a Delta of 1'28 '28", a Chard Boo nng of North 89' 12 '20" Eaot and a Chord Length
of 288.48 foet:
North 74'49'46" Ea.t a di.tance of 42.36 fMt;
North 81r29'06" Ea.t a di.tance of 252.17 feot;
Along 0 CUMl to the r"Jht, with a Rodiu. of 11539,16 feet, a Lenglh of 400.50 f..t,
a 00110 of 1'59' 19", a Chard Sea nng of South 89'28'45" W..t and a Chord Length
of 400.48 foeti
South 89'31'35" taet a dletaneo of 809.51 feet;
South 75'29 '25" Eaet 0 dletanc. of 41.23 f..t;
South 89'31'35" Eaet a dletanc. of 398,97 feet,
South 89'18'33" Eaet a dietanc. of 479.49 feet, to the TNe Palnl of Beginning.
Soid porcet.s contgin. 10.6 oem more or lelSI, ond is l!l'ubject to gjj existing -eo"emlS'nts of
record or apparent en the grou nd.
300 C 150 300
i'-o--..... ' !
( IN FEET ;
PRIOR TO REDUCT10N
'1 j ( L ,-'
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, '
NORTON EAST RANCH
5SJO BtlRNT ROAD, BELGRADE, Mi. 406-5B 1-2760
BOZEMAN
MONTANA
:lA IT: 05/15/07
SCALE: I "=3CO'
HANSEN'S CADo
SERVICEs,LLCIII ..
ANNEXATION