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HomeMy WebLinkAbout07- Davenport Annexation #A-06013 (2271270) } ....~ "., .t. Cl- S :;; to- ",.:t NO N...t- ___ 00 .......... 0 ,.... ~ ~ ..<1> NGlN m- N ..<0 a.O o _0 -. _10 t- ~ - _u 10 -- _J!': -0- J!': o =U c: ==.-t -+' -" ~::: -~ -.:, ::: -i: ~Gl -+' C; - -; _.L _U T nt.er-office Original to: City of Bozeman Planning Department. 20 East Olive St.reet. DAVENPORT ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this ~ day of :::f ~ ,2007, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 E,"st Main Street, Bozeman, Montana, and mailing address at P.o. Box 1230, Bozeman, Montana, 59771-1230, hereinafter referred to as "City," and Kenneth and Jill Davenport, 137 East Boulder Road, McLeod, MT 59052~8813 and Blair McGavin, 1013 Thomas Drive, Bozeman, MT 59718-9737, hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the "DAVFNPOl<T ANNEXATION," situated in Gallatin County, Montana, and more particularly described as follows: S%S%N%NE%SWV4, Section 35, TiS, R5E, PMMj N%S%NE%SWll4, Section 35, TiS, R5E, PMMj Tract B ofCOS 500, S%S%NE%SW%, Section 35, TiS, R5E, PMMj TractA of COS 500, S%S% NE%SW%, Section 35, TiS, R5E, PMM; Abandoned dedicated right-of~way, COS 500, Section 35, TiS, R5E, PMM, all in Gallatin County, Montana WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; and WHEREAS, the DAVI~NPORT ANNEXATION is not within the corporate limits ofthe City of Bozeman or other municipality hut is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of this Agreement and MCA Title 7, Chapter 2, Part 46; and WHEREAS, all partie~ recognize that the annexation of the DAVENPORT ANNEXATION pursuant to Section 7-2-4601, et seq., MCA, will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, MCA Section 7 ~2-461 0 provides that a municipality and landowner can agree to the provision of services to the area to be annexed; and Davenport Annexation Agreement: Page 1 of 21 ~~ "\ , ' 0- S ::;; ...... lfl ..;: NO N_...-. ___00 ........ 0 ,..... lfl ~ N;,;g:: m- N~~ o ~O !!!!!!!!!!!!!!! lfl r- iiiiiiiiiiiiiii ~ iiiiiiiiiiiii iiiiiiiiiiiiiii _U _:!l _E ->- ~E iiiiiiiiiiiiiii 0 _U iiiiiiiiiiiiiii <:: =...... iiiiiiiiiiiiiii ~ !!!!!!!!!!!!!! -< -.. _c> =' _"' iiiiiiiiiiiiiii -< _.~ ="" ~., iiiiiiiiiiiiiii -0 -I... -.. ~J: U WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the DAVENPORT ANNI<:XATION; and WHEREAS, all parties recognize that the development of the DA VENPORT ANNEXATION will impact Thomas Drive/North 27th Avenue, Baxter Lane and Cattail Street:, and will require additional public street improvements; and WHEREAS, the l,andowner finds that this Agreement will provide for the most sat.isfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the DAVENPORT 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 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 CONSIDERA TI ON 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 tiled an application for annexation of the DAVENPORT ANNEXATION with the City on October 10, 2006. By execution of this Agreement, the City has manifested its intention to annex the subject property pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the DA VENPORT 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 tet1T1S, conditions, and provisions of this Agreement and effectuate the annexation of the DA VENPOR r ANNEXATION tracts to the City. Davenport Annexation Agreement: Page 2 of 21 , . 0- S r-. <'l I" lfl';': NGl N...t- .... 0 0 0 I" <D ~ N Gig) 01- N~~ iiiiiiiiiiiiii 0 ~ !!!!!!!!!!!!!! lfl r-. iiiiiiiiiiiiii ~ !!!!!!!!!!!!!! iiiiiiiiiiiiii - u - ~ iiiiiiiiiiiiii >:: I- ~ >:: iiiiiiiiiiiiii 0 - u S iiiiiiiiiiiiiii .... .. !!!!!!!!!!!!!! - - == .. <'> I iiiiiiiiiiiiiii III iiiiiiiiiiiiii - - ~ :E: !!!!!!!!!!!!!! '" iiiiiiiiiiiiiii .... - .... 0 iiiiiiiiiiiiiii .... III !!!!!!!!!!!!!! .s; u 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 DAVENPORT ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined The tem1 "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 oflines or construction of necessary improvements at any cost to the City for delivery of water to and within the LA VENPORT 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 DA VENPORT ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. Within 6 months of annexation, the existing structures shall either be connected to municipal services or removed from the site. 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 DAVENPORT ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-oE-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the DAVENPORT ANNEXAfION to include, but not limited to, any Impact fees, hookup, connection, or development charges which may be established by the City. Within 6 months of annexation, the existing structures shall either be connected to municipal services or removed from the site. The existing on-site treatment systems must be properly abandoned and certification provided indicating that the abandonment has occurred. 6. Water Rights The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual Davenport Annexation Agreement: Page 3 of 21 , . cg ~ to-- III .;,; 1\.1 <'< 0 ",,- "- .... 0 0 o to-- t, ~ '" Gig) ",'"--' "<0 "-0 _0 o ---= III "- ~ -u U) ----...., :E: ~ -0 _u r: --= -~ -:;; ---= ::: .. <.:> .J, ::: i Q) ~ --- ~ ~ L ~ _u 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 DAVE<;NPOR'I' ANNEXATION consists of approximately 25.065 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: DAVENPORT ANNEXATION, consisting of a total of 25.065 acres, shall provide water rights or cash-in-lieu prior to final 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 substantial limitations 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 imprclVements necessary to serve the full development must be in place prior to further development of the site. 8. 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 DAVENPORT ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion of the DAVENPORT ANNEXATION. The Landowner is hereby on notice of the following requirements upon further development or subdivision of the DA VENPORTANNEXATION: Davenport Annexation Agreement; Page 4 of 21 f' , T" , 0- S ... <'l ~Lll'; <,,0 N...... ..... 00 0 ~CD~ N Gig: m-. N <0<0 0-0 iiiiiiiiiiiiiii 0 "" !!!!!!!!!!!!!!! Lll - ... - iiiiiiiiiiiiiii iiiiiiiiiiiiiii - u Ul - iiiiiiiiiiiiiii l!: I- - l!: iiiiiiiiiiiiiii 0 - u S iiiiiiiiiiiiiii oJ <0 !!!!!!!!!!!!!!! ..... - IV <.l> iiiiiiiiiiiiiii I ., ~ ..... ..... ~ E !!!!!!!!!!!!!!! III iiiiiiiiiiiiiii oJ - 0 ..... ~ L .. !!!!!!!!!!!!!!! L U 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. Further, any existing use of a building, structure or land that would not be permitted in an R-4 (Residential High Density District) zoning district must be abandoned with the annexation of the subject property. 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 additiotul impact fees required by Chapter 3.24, Bozeman Municipal Code. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of the DA VENPOR'f ANNEXATION tract to municipal services which are wholly attributahle to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, ur as amended, and as such, are not eligible for impact fee credits. If Landowner shall default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to Landowner of such default, City may at their option: a) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner for the collection of such sums, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amounts by levying an assessment on the premises. b) Elect any other remedy available to City under the laws of the State of Montana. c) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. Landowner(s) hereby acknowledge and agree that it shall be no defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Davenport Annexation Agreement: Page 5 of 21 . , "- $I ~ ,.... ID .;,: NND -f'- ..... 0 "" "" ,.... m ~ N ~g) NO)-. '".0 "-0 "" _0 -ID f'- ~ -u III -- l!: -I- l!: o _u .5 -~ .."! -- '" -"" .J, -- -- _..... E: Gl -~ -~ _0 - _L -'" _-C _u Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such fees as specified above, in the amounts calculated for all such fees based upon the rates established at the date of this agreement. 11. Stormwater Master Plan Landowner understands and agrees that priOr to development of the DAVENPORT ANNII:XATION, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and! or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 12. Traffic Analysis Report I f required by the Engineering Department, tlle 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 ] ,and owner 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 North 27th Avenue (Thomas Drive) and Baxter Lane; signalization of the intersections of North 27th Avenue (Thomas Drive) and Baxter Lane, and North 27th Avenue (Thomas Drive) and Cattail Street. Putther, the 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. D~venport Annexation Agreement: Page 6 of 21 , '~ r, "'- IS) r;; ,.... lG .,;: ""I..... '" .., 0 r- '1""'1 0 00 ,.... ~ ~ N Gig) m_ N~~ _0 _e - -Ill -~ -0 ='" -;: i: o _0 .S 3 -- =.. -"" I _Ill = _..... 1: .. ~ -0 ..... L ~ _0 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 neighhorhood 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 identily, landscaping, historical character, orientation ofbuildings, 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 residential uses to the west, will be of utmost importance. 16. Right-oC-Way Easement for Future Roadways Landowner has dedicated, by written easement, the following land to the City of Bozeman, which represents the Landowner's proportionate share of the necessary right-of-way: a) Public street and utility easements shall be provided for North 27th Avenue (fhomas Drive). 'fhe easement shall be 45 feet wide from the section line. Said easements will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. 17. Utility Easements Landowner understands and agrees that utility easements, a minimum oBO feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such casements 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. Davenport Annexation Agreement: Page 7 of 21 , , s ~ to- ~ .;; No '0", ..... - g to- ~ ~ N Giro m_ N~~ _0 -"" '" -'" -0 =Ul -- ~~ ~E: _0 ~o _.S ~~ ~:: =... _Cl =1 _III :: -,.... =JE ~Il> ~ -c; =..... ~:v ~J:; _0 18. Wetlands Landowner understands and agrees that a detailed wetlands map and summary report shall be submitted for the subject property with the signed annexation agreement. The map must be depicted on an 1S-inch x 24-inch paper copy and a compact disk in accordance with Section 18.56.050 'Wetlands Mapping. " 19. Cultural Resources The Landowner 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 recog11ize 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 DA VENPOR1' ANNEXA TI ON. The parties further agree that the City may file these documents at any time. 21. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 22. Attorney's Fees I n the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement~ then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 23. Waiver No waiver by either party of any breach of any term, covenant, or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 24. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Davenport Annexation Agreement: Page 8 of 21 . , 0- S ... '" t'-~ ..; <:> No1_ ....-IN~ t'-~~ N Gig: m- N "'<0 0-0 ~ "" 0 !!!!!!!!!!!!!!! III ... - ~ ~ - ~ - u <J) - ~ l!: I- - l!: ~ 0 - U r: ..... ~ ";G !!!!!!!!!!!!!!! - - - '" <'> I ~ .. ~ - - '.... E !!!!!!!!!!!!!!! ~ ~ .. - 0 ~ L '" !!!!!!!!!!!!!!! r. u 25. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 26. No Assignment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 27. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirt., successors and assigns. 28. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowners affirms that they have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, Davenport Annexation Agreement: Page 9 of 21 . , 0- S :;; r-- ~ .; o Nor-. ~",g r--~~ N ;,;gJ 0>- N~:€ g ui ':: _u _<II _E ~ o _u .S -~ ::: ~ I _Ill -.... -.... -.... l: ~w ---- :: ~~ L.- 1 _u LANDOWNER STATE OF H..lV\\-<...V\ tA.. ) ss. County of Ga.\.I..c...h.... ) ,\.""I k" On this ~dayoC. r.\ ,2007, before me, a Notary Public for the State of Montana, personally appeared Kenneth Davenport, known to me 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 Notarial Seal the day and year first above written. \ , \ I I I I " , ... M I...', "... ~~ . ""1 II " 0'-" . '. << ,- .....' '<i .' ". ~ ",.. ~ Q.:~OTARI;qi."""P ~ = " --(-&eftl). - :. *". SEAL :*: ~, _ tS'I,;..' . . . . ~ ,::: - '~~~OF'~~''''''uuuu " I I " \ \ \ [)e~ (Print N=, H,re) Notary Public for the State of Montan~ r. Residing at fOo~-e. \"'f'\A.Jr\. 6~ "--1' My Commission Expires: Aoi ,\ t 1, 200Cf (U se 4 digits for expiration year) DJ\rcnport Annexation Agreement: Page 10 of 21 . , LANDOWNER Jil&dnp~~4- STATE OF (!cti.iIor~ ss. County of S(.\ n OIYl~ ) : On this /~ day of April ,2007, before me, a Notary Public forthe State of C~lM..tlJ MontRna, personally appeared Jill Davenport, known to me to be the person whose name is : subscribed to the within instrument and acknowledged to me that she executed the same. D- S ~ ,.... ~ ~ o N~f".- ..... <t g ,.... - ~ N Qjg] m-.. N~~ iiiiiiiiiiiiiii g ~'" ,.... - - iiiiiiiiiiiiiii iiiiiiiiiiiiiii -0 '" - ==~ =:0: iiiiiiiiiiiiiii 0 _u .S iiiiiiiiiiiiiii ~ ~..... -~ iiiiiiiiiiiiiii ~ iiiiiiiiiiiiiii ..... -~ ~'" iiiiiiiiiiiiiii -~ iiiiiiiiiiiiiii L ~~ U IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Seal) /f!;l:fJiJjfi~:1!::;~) a.;:I'- , No~foY Public, for the State ofMont;aJ'l~ CULt.f7Jf111'1 Residing at f<JY/ct1A CiJ~ 7(}~ VJ{) A- My Commission Expires: I, 1. 'tJ1 (U se 4 digits for expiration year) KELLY J. HAMILTON a..... Commission # 1543050 ~ . Ma Notary Public . California ~ ". Sonoma County My Comm. expires Jan 9, 2009 [hvenport Annexation Agreement: Page 11 of 21 Q. IS) ,.... "" t'-- 1I1 .. N'<t a N'Q"", 'l""'l1I1~ t'-- ~ ~ N GiRl 0)- N'"'" Q.a iiiiiiiiiiiiiii a IS> !!!!!!!!!!!!!! 1I1 ,.... - - !!!!!!!!!!!!!! iiiiiiiiiiiiiii - u Vl - iiiiiiiiiiiiiii E I- ~ E iiiiiiiiiiiiiii 0 - u 5 iiiiiiiiiiiiiii ... '" !!!!!!!!!!!!!! - - - '" Cl iiiiiiiiiiiiiii I III iiiiiiiiiiiiiii - - -.... >:: !!!!!!!!!!!!!! Ql iiiiiiiiiiiiiii ... - 0 - iiiiiiiiiiiiiii L '" !!!!!!!!!!!!!! J:. U STATE OF Morrhnte- LANDOWNER &'YVl~ Blair McGavin ss. County of Galla. H/l ) On this ~ day of l-nv,."f - 2007, before me, a Notary Public for the State of Montana, personally appear~known to me to be the person whose name is subscribed to the within instmment and acknowledged to me that he executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\\ \ \\1111 J :1/11// ~\\\\ \'\ E D ~1,:0 ~ ~...\.,..: /c:O ~- '::::f J'_' . . ^ .? ;:: -~. . \....- ~ .:::; ,-. ,. AR .".-". s: '- . -,-,e,a.I)" I~ I . "" ~ = <. ~~ ... . t1\ := ::: (J . _0- .~. - :; . ~"'EA ~ ..... ~ * . _~~\ ~ )0 l~ .. ~ IS' . LI :A.JJ-~ . %~h;o-'. .F.'''~Oo~~~ ........... ;fIll. \' ~\\'\ 1111111111111\\\\\\ eM . ~ n~ ~~r,(I1(J'rinl Name Here) Notary Public for the State of Montana Residing at '307 (: J>'Y1a 11 My Commission Expires: tf,b.ilJ.oo'j (U se 4 digits for expiration year) Davenport Annexation Agreement: Page 12 of 21 , , 0- S) :;; ...... l(l ... o Not- ~<Dg ...... - ~ N ;,;g: m-.. N~:g _0 _0 - -Ill -~ ~ -0 -Ill H -E ~ iiiiiiiiiiiOiii 0 _0 ~<: ==..... ~-:u -..... -..... =/0 _<.l> =. _Ill -..... -..... _.~ == E: ~Ill ~:: -0 =..... -:;; _L _0 CITY OF BOZEMAN cJ2M,l~' Chris A. Kukulski City Manager iJ3rit:Ftm'teI~f F +~... : - ~..:io. . ." '\1 ~r ,~.:, _J.. 'CIty Clerk". ' " \':," " "'lj:,>.;,~""," :~. "'~1"<" 'j S'YA:J'EOF"MONTANA ) County of Gallatin On ,hi, ~ay of ,2007, beEme me, a Not..}' Public for the state of Montana, pers ally appeared Chris A. Kulkulski and Brit Fontenot, known to me to the persons described in and w 0 executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bu?:eman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WlT\\Za~IW/UtE~EOF, I have hereunto set day and year~~ta.b1l~lf~~% ~ /, Yo . . ~ ~ .... ='. ',,...- 211?' - "I/~l'.'-":' ::: ,'. 11\ -I . - ~ J: ~"'..-.,~ .*:-.. :;:. ,'f .~." ~1,- '. 2 ~ ().. ~..'.~.-+ - ~;:- ~(j)'.. " 5::-,$ ~ "11;' . . . .' "'~::!' ~//// ~. OF MO\\,,*, 1//./"f~WH\j\\\\\\\\ .... ,. Ie) · otary Public for the State of Montana . Residingat~rYlLL(l ~ . My Commission Expires: I- 21.t' 'Z.DID (Use 4 digits for expiration year) , ....................................................... l):!venport Annexation Agreement: Page 13 of 21 . , Q. 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Q) ~:; -0 === ~ -~ _u EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS DAVENPORT ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more palticularly described as follows: A tract of land being S%S%N%NE~SW~, Section 35, T1S, R5E, PMM; N%S%NE1/4SW~, Section 35, TiS, R5E, PMM; Tract B ofCOS 500, S%S%NE~SW~, Section 35, TiS, R5E, PMM; Tract A of COS 500, S%S% NE1/4SW~, Section 35, T1S, R5E, PMM; Abandoned dedicated right-of-way, COS 500, Section 35, T1S, R5E, PMM, all in Gallatin County, Montana IN CONSJ DERATION of receiving approval for annexation of the subject property from the City of B07.eman, 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 North 27th Avenue (Thomas Drive), Baxter Lane and Cattail Street, 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 North 27th Avenue (Thomas Drive) and Baxter Lane; signalization of the intersections of North 27th Avenue (Thomas Drive) and Baxter Lane, and North 27th Avenue (Thomas Drive) and Cattail Street, or to make any \vritten protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Davenport Annexation Agreement: Page 14 of 21 . , , , s ~ ,.....~.;,: N'Q~ .... Q) g ,.....~~ NOire m_ N~~ _0 -"" _. -Lll =r- -~ iiiiiiiiiiiiiii - -u '" ==== ~ -..... _E: o _u .S iiiiiiiiiiiiiii ~ _..... --;; <!> ,J, :::: _.~ =>: ~., :: o iiiiiiiiiiiiiii '- ~ _u This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provid<.:d however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto, DATED this ~ day of Apn-/ ,2007. LANDOWNER ~ 'h4r~ Blair McGavin STATE or l\tfoVlk~ County of Ckllahn 55 ) On this ..dL day Of~ 'I , 2007, before me, a Notary Public for the State of Montana, personally appeared B air McGaVIn, known to me to be the person whose murre 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 Notarial Seal the day and year first above written. ',' .., i/I// ~"'\\ \'.\ ED. L-II,/.-..z ~.q.. .... "0 :.:-: S0.- ...A'\.~ ~~"'" . 81~1 ':.4 ~ € ~' . 1\tR IA I.' .1' ~ ~ . ...., " tll .- -- ~ - = ~ : ~.-- . Z == c:::(J .*= - . SEAL. - uu%*~.,' '~:~l ~ -~ . . ~ ~ ~ "1";" · · . . . ~' ~ '%-,,;. 4:" OF ~O ~\~ ""'1/1/1111I11\\\\" ~8~ . 1'1 ~ (Print Name Here) Notary Public for the State of Montana Residing at fut"mllrl My Commission Expires: t.{ fA'l Jilll1 (Use 4 digits for expiration year) 1):fVcnport Annexation Agreement: Page 15 of 21 , . Cl. S ~ .... ~ .;,: o Nor- """ 111 8 r--~ NGig) m- N~~ g III I'-- -~ _u _<II - :E: ~ o _u <:: ..... ~ -- -- /0 _C> I _Ol :: -..... :E: Ol ~ -"0 =..... :- _J:. _0 . , , . , . . , , . . . . , . . , , . . , , . , . , . , . . . ., . . . . . . . . . . . . . . . . . , " ",."",....""..,.., LANDOWNER STATR OF t<'\~~ 55. County of bc..\\.("..~V"\ ) On this I..o+- day oC _,A,{H:' \ ,2007, before me, a Notary Public for the State of Montana, personally appeared Kenneth Davenport, known to me to be the person whose name is subscribed to the within instmment and acknowledged to me that he executed the same. IN wn NESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\11/11, \ " ~~ ~..r',!Il./ /// '\~ 0 0 "..t\ '" . 0.0 0 0 o'~ "'..... -:' d':~01 ARIAL. o. :. - 0 (Seal.)- : *- = -. *. 0 S-eAL:o~: \J'I~ 0 0" ~....... -1ho.. 0 . .. ~ <' ~t'.OF lAO\~' ...... "11111'\\ ~:t~~- (priD'N~oHore) Notary Public for the State of Montana Residing at 503tMl1~ 6Ct \ {h'~,:C"'. (bo My Commission Expires:~i\ \ )...7 :uxfl (ll se 4 digits for expiration year) Davenport Annexation Agreement: Page 16 of 21 .' , . . . . CltLth Mt- s ~ ,,~~ N_o 0.... ..-t 0 00 "N~ N QigJ 01-.. N~~ o _0 -10 I"- - -u 10 -- -I!: l- I!: o _u .S .... -::: '" -<'> -. -.. ::: _.~ = I!: '" -.... -.... =2 L. -'" _-C <-> LANDOWNER &~. Ji venport STATE ()[i (!dljf~"~ ) / 55. County of .::::,()f1{)J1.1.-'L. On this /lff' day "f f1rpY11 ,2007, before me, a Notary Public for the State of MOIllalI'it, personally appeared Jill Davenport, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Seal) ~ere) /'. noLo . Notary Public for the Sta ofMt:H~.faA- LIl.A:.J {ZXJ1A...PL Residing at -Suv1O C. My Commission Expires:' 0 (U se 4 digits for expiration year) @ KELLY J. HAMILTON - Commls$lon :# 1543050 i .... Notary Public. Callfomla f Sonoma County MV Comm. expires Jon 9, 2009 ; \"vcnport Annexation Agreement Page 17 of 21 " , , . '.' . . . Cl.- S ~ to-l(l..;,: o Nor-- 'III""I~ g to- N ~ N Qjg: lll- N~~ iiiiiiiii g !!!!!!!!!!!!!!! In iiiiiiiii !;: == iiiiiiiii -u ='" === E -I- ~E: iiiiiiiii 0 _u iiiiiiiii r.:: =-....ol iiiiiiiii ~ !!!!!!!!!!!!!!! = ='" _c> =, _III -..... -..... _.~ =E: !!!!!!!!!!!!!!! Ol -..., -..., ~2 =.... -", !!!!!!!!!!!!!!! .I: _U EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF:_SPECIAL PARKS MAINTENANCE DISTRICTS DAVENPORT 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 S1;2S1/2N1;2NE%SW%, Section 35, TIS, R5E, PMM; N1;2S1;2NE%SW%, Section 35, TIS, R5E, PMM; Tract B ofCOS 500, S1;2S1;2NE%SW%, Section 35, TlS, R5E, PMM; Tract A of COS 500, S1;2S1/2 NE%SW%, Section 35, TIS, R5E, PMM; Abandoned dedicated right-ofwway, COS 500, Section 35, TIS, R5E, PMM, all in Gallatin County, Montana IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks Maintenance District, ur 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, v.'C agree to participate in an alternate financing method for completion of said improvements on a f<lir share, proportionate basis as determined by square footage of the property, linear front footage l)f the property, taxable valuation of the property, or a combination thereof. This waiver shall be a cmcnant 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. D;.vcnport Annexation Agreement: Page 18 of 21 ~ . S 0.. t- '" t-- ~ ,; No~ 't""'IN8 t--N~ N QigJ 01- N f1l<D 0..0 iiiiiiiiii ., 0 !!!!!!!!!!!!!!! III - ..... iiiiiiiiii - iiiiiiiiii - <) VI - iiiiiiiiii l!: ~ l- E iiiiiiiiii 0 - <) - C .~ iiiiiiiiii ~ !!!!!!!!!!!!!!! .... == f1l Cl iiiiiiiiii I f1I iiiiiiiiii .... ~ l!: !!!!!!!!!!!!!!! ~ iiiiiiiiii - ~ .3 iiiiiiiiii L !!!!!!!!!!!!!!! to .c - <) The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this .di- day of ApnI ,2007. LANDOWNER ~ frJ'fjtU/wi Blair McGavin ST ATE 0 F M OVtrnYIet-- County of &a llorh y, On this ~ day of r-/ ,2007, before me, a Notary Public for the State of Montana, personally appeared lair McGav111, known to me to be the person whose name IS subscribed to the within instrument and acknowledged to me that he executed the same. ss. IN WITNESS WHEREOF, I have hereuntl: set my hand and affixed my Notarial Seal the day and year first above written. ~\\\\\\\I11/ 1111'/1 ~"'\ ~E. D. IIII~ ~ d\ .... -to ~, .~ /,,<;' . . '/. ~ .v . . ~ ~ ~ ~ '~,6lflARIAI." ~ '% := . ~-...- . tn = = < . -'- . ;Z = ~~: SV~L :*S ~ .t\.. L.l"l. .. ~ ~ ~. "',. . . .~ "". ~,":, III . ;;s: ~ ~ ~^'- . . . . . - ({~ ~ ~/;' 1::- OF v.O~~~~ '111'1/1/ II" \\1\\\\\\ ~~~H.re) Notary Public for the State of Montana Residing at (307t'f1.1aY) My Commission Expires: Lf /311 I J..{)iJ1 (lJ se 4 digits for expiration year) D,wenport Annexation Agreement: Page 19 of 21 . ~; '.. . s ~ f'-o l(l ,;,: No 'Or- "I""I...,g f'-o N ~ N ;jg) m__ N~~ iiiiiiiiiiiii g - -10 iiiiiiiii ~ iiiiiiiii -u 10 -l!: -I- ~l!: iiiiiiiii 0 _u iiiiiiiii C =--4 -... -.. _.... -.... =.. _e> =1 _III -.... _.... ---0 =,., ~., -... -... -0 =.... -\-, -.. ~J:: _u LANDOWNER STATEOFrn~ ss. County of 6o..\\.o&\<r- On this ~ ~ day of_. A\,(,\ ,2007, before me, a Notary Public for the State of Montana, personally appeared Kenneth Davenport, known to me to be the person whose name is subscribed to the within instmment and acknowledged to me that he executed the same. IN WITN ESS Wln~REOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ,. I' I I I " ' <..~f>. M. 114~" " " 0 ~ . . . '. (< .......~.. "~'" :: Q :""",0'- A. R/A1(.. -:S) -:. = . ~ (SElL : :: ~*:. SEAL.:*~ , ~.. .~- "~- '1h-....& . . .~'f ,,,.... , , ; (:- OF MO \,' "'/flll\\ ~~ 'fJe..ol\O. ('(\. ("('\,\,\\'U (print Name Here) Notary Public for the State of Montana Residing at &:>~,f't'\Dj'\ MoJ..h:b:f"' C.o . My Commission Expires: At';I\ c;f\ CJ(:)c:f\ (Use 4 digits for expiration year) Davt'uport Annexation Agreement: Page 20 of 21 'l ~ . \ , . [OlU-W1 ~tL 0- S ~ t"-- ~ -:t o Nor- .... .. g t"-- N ~ N Q;g) Ol- N~:g iiiiiiii g !!!!!!!!!!!!!!! III _r- iiiiiiii iiiiiiii iiiiiiii -u III - iiiiiiii ~ ~:E iiiiiiii 0 _u c: iiiiiiii ~ !!!!!!!!!!!!!!! ~ -~ iiiiiiii .J, iiiiiiii .... -E !!!!!!!!!!!!!!! Ql iiiiiiii -~ =L -", !!!!!!!!!!!!!!! ~ _u LANDOWNER ~t 0~1J1- J avenport STATE OF (}LtAVov at ~ ss. County of t:on OflllLti- ) On this ~day (.,1' Ipri/ ,2007, beforc me, a Notary Public for the State of ~l\'fontMla, personally appeared Jill Davenport, known to me to be the pcrson whose name is subscribed to the within instmment and acknowledged to me that she executcd the same. IN WITNESS WHhREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above wntten. (Seal) .~ (Print Name Here) /' _ ^:I_ Notary ublis; for the State of MOl.t-tl11t ltU..ltV''Utit. Residing at ~ r. D My Commission Expires: 2--000/ (lJ se 4 digits for expiration year) ~.. KELLY J. HAMilTON - " Commission # '543050 ~ ' M., - Notary PublIC . California ~_ . Sonoma County My Comm. Expires Jon 9, 2009 Ihvenport Annexation Agreement: Page 21 of 21 ~ P"OR: KENNETH L. DA'4HPatT . -..All Co ..CCA~ BY: ~ ~Q_C.......~ DAVENPORT ANNEXATION A TRACf OF lAND BEING TRACTS A AND B OF c151CunCATI or SURVEY NO. 600, THE ABANDONED DEDICATED ROADWAY AS DESCRIBED IN FlU( 8, PAGES 811, 868, RECORDS OF GALLATIN COUNTY, THE TRACf or lAND DESCRIBED IN FlU( 11, PAGE 788, RECORDS OF GALLATIN COUNTY, AND THE TRACf or LAND DESCRIBED IN FlU( 118, PAGE 2668, RECORDS or GALLATIN COUNTY, SITUATED IN THE NEl/" or THE nl/" SEcrION 36, TIS, R6E, P.)I.)I., GAlUTIN COUNTY, )lONTANA. . APRIl.. 2007 aom.aAN, WONtANA - . - rouND MONUMENT AS HOttO . . SET ~/S.1<24. EM WI '!PC -.- RURIIICS F'QR tHIS CERmcA'I'E OF SUA~ NIE. BASEl) OIl cos IlOO - CROSS MEA . 2....112 AC NET NIE.A - 24.030 AC EASEMENT NIEA - o.H2 AC - ~ ~...- i i 1 __ . 100 It. ;, Ii - :.= ~ '::...="'Lrr;t'.,: ~8 :I~~:n~ 't1. =. ~~:::= =y ~ ~ ~r;:.~'~I=1 '101 hGf 25!1. RIKlaI"dti of Calatln CClunty. .ttuated ~ tM NE1/+ of ... SWI/4 SIoUon "'" ns. R!E" P........ GcII.~ Ceuftt1. MonteIRo. ""n"o at tt'I. E1/18 oomtt of tM SWI/4 af aald $IdIan 35. u.nc. GIant th. ftGr'tft ~dGI1iM of Lot 1 of 8G1Ilt. laM SubdftA.ton No. 1 and the tracts or land ~ In nril 11, Paga 1851. '858 and FIm 171 PGf' 7.24, ReixIrda Df CWatln Caunty S8It1T50'" G dl'ttort,C'.III of 1323.43 ..... to tllo ...th_ _or of tho lnI<t of land __ II FIm 117. ,... 312.1, R_ of _Ill Count)! \11..... ..... ... _ ....ndory of ::: =th= ~~ ~theUltract~~:'==: r.m~ ~a:;. '~:.er:-~~=t~~~44';: :OU~~:l:" ~to tr'G(;t HOO'!rl'3I-!. a d"'~ of 1324.05 r..t to a point ~ tn. WMt IIoitnclclf'y 0' tn. ~... of L.a.t 3 of W... !UbcNIIion No. %10; tt'I~ dOi'tt tt'I. IGteI wet boUn4OI'1 SOO"04'31 ~ 0 d~" qf QI.21 fwt to .... 'alnt of &.tM~.. Said trGot MIni 2"''" aa-. ell.. wfth and ..jKt to mtJ ...thg .-.n.nt.. EXlsnNG 10' R/W - fA~MfNr 10 MPC PER 67F186 ~ [!J ~ '" ~ <li n <l fXlST/NG 20' I.IT/Un EASCM~NT PER MINOR $1,)9. ~'o '.>23.55 .............. ~ [TI I I I El I... I~ I~ 1 I~ ~ I I I [l] I 1 'I 'I I I CITY OF 80Z[MAN MUNICIPAl- WA TtR AND SEKf:R LiNts .. '" FILM 3. PAGE 49 ~ ~ t ~ 0' -....-- 'ID.e I ~ ~ " " -...-- SIO"04'31"E 112I.21' ,...... ......... - ~ \'j ~ !II pi ~ .. A...... _ II EXIST/NG 50' (AS[J.(fNT FOR ROAOWA Y AS P[R COS 500 ~ Fll.M 17, PAGf 724 F1l./J 11. PA(;t '8M ! i PCIIfT tE _'.'0 l.or, 6AXTE" LANE SUB. NO 1 20' 'ASEMENT F'M PIJBLIC ROAOWA Y FILM 14. PAC~ 1699 30' DfDlCA TED ROADWA Y FOR PUBtlC I.I~ I CASTON 8NCJN88RJNG stlRYn'/NIJ Ii 80DB :nt.S7fN(; 1111111111111111111111111111111111111111111111111111111 ~~~3t?0~~P Charlotte Mills-Gallatin Co MTMISC 175.00 ~ Bozeman City Clerk - P.O. Box 1230 I[!L~J10~ Bozeman, MT 59771-1230 . / v' 1111111111111111111111111111111111111111111111111111111 ~~~3~~~!~p Charlotte Mills-Gallatin Co MTMISC 175.121121 COMMISSION R~()LUTION NO. 4023 A RESOLUTION OF THE CITY COMMISSION O}' THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORA TE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from Kenneth and Judith Davcnport, and Blair McGavin, owners of tracts of land, requesting the City Commission to extcnd the boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying along the west side of North 2ih A venuefThomas Drive in the County of Gallatin, State of Montana; and WHEREAS, Kenneth and Judith Davenport, and Blair McGavin, are the current landowners of record of properties described as Tracts A and B of Certificate of Survey No. 500, the abandoned dedicated roadway as described in Film 8, Pages 911, Records of Gallatin County, the Tract of land describcd in Film 11, Page 789, Records of Gallatin County, and the Tract of land described in Film 116, Page 2556, Records of Gallatin County, situated in the NE4 of the SW% of Section 35, Township IS, 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 January 8, 2007; and WHEREAS, a public hearing on said annexation petition was duly noticed and held on January 8, 2007; and WHEREAS, no members of the public spoke in regards 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 .. WHEREAS, on January 8, 2007, 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 terms of annexation specified in the staff report; 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 Kenneth and Judith Davenport, and Blair McGavin; and WHEREAS, said contiguous tracts are described as Tracts A and B of Certificate of Survey "- S f,) I" lD .;r No. 500, the abandoned dedicated roadway as described in Film 8, Pages 911, Records of Gallatin NNO .....r- ~ ~ ~ County, the Tract of land described in Film 11, Page 789, Records of Gallatin County, and the Tract of N GiRl N If ~ land described in Film 116, Page 2556, Records of Gallatin County, situated in the NE4 of the SWl,4 of _0 _0 ~ 0 Section 35, Township IS, Range SE, PMM, Gallatin County, Montana; and ~~ = WHEREAS, the Bozeman City Commission hereby finds that the annexation of these -u ==== ~ _ ~ contiguous tracts is in the best interests of the City of Bozeman and the inhabitants thereof and of the =li: Oiiiiiiiiii 0 - ~ inhabitants of the contiguous tract. -... -.. _..... -..... =.. _<.0 =1 -.. -..... _..... _.~ =1: !!!!!!!!!!!!!!! Q) Oiiiiiiiiii ::::; -0 -..... =L -jl! _u 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 46, 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 24.99 acres of land, to wit: A tract of land being Tracts A and B of Certificate of Survey No. 500, the abandoned dedicated roadway as described in Film 8, Pages 911, 959, Records of Gallatin County, the tract of land described in Film 11, Page 789, Records of Gallatin County, and the tract of land described in Film 116, Page 2556, Records of Gallatin County, situated in the NEl/4 of the SWI/4 Section 35, TIS, R5E, P.M.M., Gallatin County, Montana. Beginning at the El/16 corner of the SWl/4 of said Section 35, thence along the north boundaries of Lot 1 of Baxter Lane Subdivision No. 1 and the tracts of land described in Film 11, Pages 1857 & 1858 and Film 17, Page 724, Records of Gallatin County S89017'59"W a distance of 1323.43 feet to the southeast corner of the tract of land 2 ~ S) ~ F'",'; NNO -.... ~OG G F'<'l~ N ;"gJ Dl"- N~~ described in Film 1l7, Page 3623, Records of Gallatin County; thence along the east boundary of the said tract of land and the tract of land described in Film 14, Page 1699, Records of Gallatin County NOoo06'44"W a distance of 818.74 feet to the southwest corner of the tract of land described in Film 3, Page 49, Records of Gallatin County; thence along the south boundary of the said tract N88058'36"E a distance of 1324.06 feet to a point on the west boundary of the Remainder of Lot 3 of Minor Subdivision No. 210; thence along the said west boundary SOoo04'31 tiE a distance of 826.21 feet to the Point of Beginning. Said tract being 24.99 acres, along with and subject to any existing easements. Section 2 The effective date of this annexation is June 4, 2007. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated June ~ g 4, 2007, by and between the City of Bozeman and Kenneth and Judith Davenport, and Blair McGavin, -'" =.... =~ == owners of said tracts of land. iiiiiiiiiiiii -", === ~ -E -I- ~E _ 8 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a .5 _ ~ regular session thereof held on the 4th day of June 2007. -~ =.. _c> =. -'" iiiiiiiiiiiiiii = --~ =E ~'" iiiiiiiiiiiii :; -0 =.... iiiiiiiiiiiiiii ; !!!!!!!!!!!!!!! .J: -'" ~(~ JE 1\, ~iyor APPROVED ~S TO FORM: ./" . // I / . .' 3