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Home My WebLink AboutResolution 3990 Mandeville Creek Annexation ~~.~- . ~ Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 COMMISSION RESOLUTION NO. 3990 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE 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 Edward Wachs, 100 Shepherd Street, Wheeling IL 60090, owner of the tract ofland, requesting the City Commission to extcnd the boundaries of the City of Bozeman so as to include a certain contiguous tract of land legally described as a tract ofland being the Southwest Y4 of the Northwest Y4 and the Northwest Y4 of the Southwest Y4 of Section 24, T2S, R5E, P.M.M., Gallatin County, Montana; 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 17, 2006; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 43 MCA a resolution of intent to annex was required; and WHEREAS, Commission Resolution 3918 was passed on June 5, 2006 stating the Commission's intent to consider annexation of the subject tract; and WHEREAS, a public hearing on the annexation was duly noticed according to the City's t/f'----""''- . lJ:l/\ rL ,) ff ( anncxation policy and held on July 17, 2006; and /' 1111111 111111111111111111111111111 111111111111111111111 ~~23~N~, Ch~lottEl.__~.!ls-Gal!atin CCl_.MTMISC 154,00 - 1 - ---.....-....-----. ..~..., ;:"~'. ' , WHEREAS, on July 17, 2006, the Commission authorized and directed staff, upon satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement to proceed with the annexation in accordance with terms and conditions approved by the Commission; 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 impact fees to said contiguous tract is the subject of a written agreement between the City and Edward Wachs, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a certificate of survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, M.C.A., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 79.98 acres ofland and adjacent right of way, to wit: A tract of land being Southwest 1f4 of the Northwest 1f4 and the Northwest 1f4 of the Southwest 1f4 of Section 24, T28, R5E, P.M.M., Gallatin County, Montana. 1\1111\1111111111111111111111\111\ 11111111111111111111\ ~~2~~f;?~, Charlotte Mills-Gallatin Co MTMISC 154.00 -2- SUBJECT to all easements of record or apparent from a visual inspection of the property Section 2 The effective date of this annexation is August 6, 2007. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated August 6, 2007, by and between the City of Bozeman and Edward Wachs. PASSED AND ADOPTED by the City Commission ofthe City of Bozeman, Montana, at a regular session thereof held on the 6th day August 2007. I V . '.' \' r)...~ I . ,.~' -' ,I~. ~L'JI: ,J',." ~ ; \ ~". ,.1I',......"',.... ..l!..,{ ;11 >., \. ,." ,,' t'" I . '. '.~~ ~ 4i~;"~" , I~. ~./ . I \ \ , '~-'1 ~\ '\ ':';,. ", . 1"'( " I,~r:.l.l '. ,'1' , U~' ; ;'\.r::::r:" \ ... ,~ " t ,/v 2 - '. ,', " - - /f ! · I *, I ..-A.' - . 1"'''1 ::'/~-'-'hl ),~-....:",~~.." 1\ '" II ...""11 ~ I" \:: JJo' (Ao.. ... r~ ~.. Cl \:. -l..':7 ~.. - '\~ jl,;:: :~'l ..~. 'I...., '. ~_..?1. ~. --~. ..~ \, ~(':., '. 011),0" / ,\" '~r:r.f.~(tn ,1.....' ".; >, ~..f11 ......41~.... ~ \) \ J C \,\" ~t-!-L_~ J USS ayor ~ 1\1111\ 11111111111111111111111111111111 \1111111111\ 1II1 ~~;;;~fl~o Charlotte Mills-Gallatin Co MTMISC 154.00 -3- a: I' ~ I'N':': _N~ .., "- r- U) og I'....~ N;';~ Nl:a; 0.0 _0 _0 -' -<:t -~ - ---- -u ='" ~E -I- -:Ii: -0 =:=U ~C -;; =Al =- -- ~~ =' -'" -- -- -,~ =1: ~Gl ---- ::: -0 -- ~:u ~.c _U Return Interoffice Mail to: Bozeman Department ofPlamring and Community Development 20 E Olive Street, Bozeman MT 59715 MANDEVILLE CREEK ANNEXATION AGREEMENT it..... THIS AGREEMENT is made and entered into this 0 day of A"'l:~ ..I:> + , 200 L by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision ofthe State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter referred to as "City", and Edward Wachs, 100 Shepherd Street, Wheeling, IL 60090 hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, the Landowner is owner in fee of certain real property, hereinafter referred to as the "MANDEVILLE CREEK ANNEXATION", situated in Gallatin County, Montana, and more particularly described as follows: SW1/4NW1/4 & NWl/4SWl/4, Section 24, Township 2S, Range 5 E, PMM Gallatin County. Said area contains 79.98 acres, more or less, along with and subject to all easements of record or apparent on the ground. I MANDEVILLE CREEK ANNEXATION AGREEMENT ~ a: t'-- <D t'-- N ~ ~N~ ~'I ~ '" U) 08 t'-- '" ~ NiU~ 01- N&~ _0 _0 !!!!!!!!!!!!!!! ~ ='" iiiiiiiiiOiiiii - iiiiiiiiiOiiiii iiiiiiiiiOiiiii _0 ==== ~ -E -I- ~E: _8 ;;;;;;;;;;;;;;; .: -~ ==== ~ ;;;;;;;;;;;;;;; --< !!!!!!!!!!!!!!! ~ =' _co ---< ---< _..... =E ~~ -~ -~ -.. !!!!!!!!!!!!! J: _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract; and WHEREAS, the MANDEVILLE CREEK ANNEXA nON is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43. WHEREAS, all parties recognize that the annexation of the MANDEVILLE CREEK ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to City services, including municipal water and sewer service, uponJheir availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the MANDEVILLE CREEK ANNEXATION; and WHEREAS, all parties recognize that the development of the MANDEVILLE CREEK ANNEXA nON will impact Graf Street, S. I 9th Avenue, Kagy Blvd, and Blackwood Road, and will require additional public street improvements for traffic circulation; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the MANDEVILLE CREEK ANNEXA nON; and I MANDEVILLE CREEK ANNEXATION AGREEMENT ~ a: t"" '" t"" N .; ~N- ~." "- r- U) og t"" '" ~ NQi:::J 1Jl- N~~ _0 _0 -. -.,. -~ 2. !!!!!!!!!!!!!!! iiiiiiii -u ===~ iiiiiiii ~ -I: -0 _u =r: -.... -~ ===~ ~--< !!!!!!!!!!!!!!! ~ =1 -.. ---< ---< _.... =E -~ -~ -0 ---< =L -to !!!!!!!!!!!!!!! .!:: _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 WHEREAS, the making and performance of this Agreement is desirable to promote the development ofthe 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 ofthe 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. Annexation The Landowner filed an application for annexation of the MANDEVILLE CREEK ANNEXATION with the City. By execution of this Agreement, the City has manifested its intention to annex the MANDEVILLE CREEK ANNEXA nON tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the MANDEVILLE CREEK ANNEXA nON to the City. Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of the MANDEVILLE CREEK ANNEXA nON tract to the City. I MANDEVILLE CREEK ANNEXATION AGREEMENT 3 I a: r--- <D r--- N .;.: _N~ a....... I"- to 08 r--- I"- ~ NQj~ m_ N.;"~ -"" -"" _. -.,.. -11) -- iiiiiiiii -u ==== ~ iiiiiiiii ~ -Ii: -0 ===u =c === :: ='" =..... -..... !!!!!!!!!!!!!!! ~ =1 _Ill -..... -..... _... = Ii: !!!!!!!!!!!!!!! OJ iiiiiiiii :: ~~ =.... -~ _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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 MANDEVILLE CREEK 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 ofthis 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 MANDEVILLE CREEK 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 MANDEVILLE CREEK ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. S. 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 I MANDEVILLE CREEK ANNEXATION AGREEMENT 4 I Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 any cost to the City for collection of sewage at and within the MANDEVILLE CREEK 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 f"o- ~ f"o- N ..:- MN~ UJob o f"o- CD ~ N .,gj 01" N~ gj _0 _0 - -.,. =lD ~~ iiiiiiiii iiiiiiiii -u ==== ~ within the MANDEVILLE CREEK ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. -:Ii: - :.:. 6. Connection to Services -0 =-u =" =- :::: Upon annexation and upon availability of services, the existing residences on the property shall ='" =.... -.... == ~ be connected to City water and sewer utilities or be removed from the site. The existing on-site -- -- _.~ =:E: !!!!!!!!!! Q) treatment systems shall be properly abandoned and certification provided the abandonment occurred. -~ -~ -0 -.... ~ Any wells presently used for domestic purposes may be retained for irrigation purposes only and shall _u have no physical connection to domestic water piping. Service lines shall be located so that trees are at least ten feet from public utilities or services lines. 7. Water Riehts 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 average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning designation(s). The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. This policy may be subject to the following exceptions: a. For any annexation in excess often (10) acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any building permit, whichever occurs first provided applicant executes a promissory note or other I MANDEVILLE CREEK ANNEXA nON AGREEMENT 5 I a: f' w f'N':: _N~ ..."~,,, U) og f'11I~ NOi~ m_ N~~ _0 _0 -. -.,. =10 !!!!!!!!!!!!!!! ~ !!!!!!!!!!!!!!! iiiiiiii -u ==== ~ -E ->- ~E _8 =c: === :: ==== ~ =-i !!!!!!!!!!!!!!! (g =. _III iiiiiiii - _.~ =E ~~ -~ -0 -- =L -to !!!!!!!!!!!!!!! J:: _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 appropriate document acceptable to the City. b. For any annexation or portion thereof proposed for use as a church as that term is defined in the Bozeman zoning ordinance, the R-J, Residential Single-Household, Low-Density, District shall be used in place of the property's zoning designation for calculating the water requirement. If the use changes from a church at any time in the future, the owner of the property will enter into a separate agreement providing that. at the time of the change, the owner or its successor shall supply any additional water rights or fee which might be due, based on the actual zoning designation at the time of the change. Section 2, No. S, Commission Resolution 3907, Adopted April 24, 2006 The MANDEVILLE CREEK ANNEXATION consists of approximately 79.98 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: MANDEVILLE CREEK ANNEXA TION, consisting of a total of 79.98 acres, shall provide water rights or cash-in-lieu prior to final plat, final site plan, or issuance of a building permit. The Landowner shall provide sufficient cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. 8. Comprehensive Water and Sewer Desien Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate water and/or sewer capacity is not I MANDEVILLE CREEK ANNEXATION AGREEMENT 6 I a: I" <JJ I" ~.,:.: Mo~ Wo 8 I"~~ NiU~ 01- N~~ _0 _0 - -.,. -~ iiiiiiii iiiiiiii -u ==~ iiiiiiii :: ~li: _8 =5 -... ===::: -- !!!!!!!!!!!!!!! ~ =1 _Ill -- -- --.... =li: -1l! -... ~~ =.. -1 _U Retum Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 9. Future Development Landowner understands and agrees that adequate municipal services and facilities may not be available to much of the area proposed for annexation for additional development, and that there is no right, either granted or implied by the City, for the Landowner to further develop any of the MANDEVILLE CREEK ANNEXA nON until it is verified by the City that necessary municipal services and facilities, including but not limited to police and fire protection and road improvements, are available to all or a portion ofthe MANDEVILLE CREEK ANNEXATION. 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. Landowners shall pay to the City Fire and Street Impact Fees for the existing structures within the Tract prior to or at the time of Landowners' execution of this Agreement or the structures shall be 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 for the existing structures within the Tract. At the time of any further development on the properties, the landowners and their successors shall pay all Fire, Street, Water and Sewer hnpact Fees required by Chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. Landowners further understand and agree that any improvements, either on.. or off-site, I MANDEVILLE CREEK ANNEXATION AGREEMENT 7 I a: f' ~ f'~":': ('f) '0 ~ U)~g f'~~ Na;~ Ol" N~~ _0 _0 - -... !!! iiiiiiiiii -u ==== ~ iiiiiiiiii ~ -E: -0 === u =c ===::: =.. =..... -..... !!!!!!!!!!!!! ~ =. -.. -..... -..... _..... =E: !!!!!!!!!!!!! ., iiiiiiiiii :: ~~ =.... -.. !!!!!!!!!!!!! .J::. _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 necessary to provide connection of MANDEVILLE CREEK Annexation Tract to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowner shall default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to Landowner of such default, City may at their option: A. Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner for the collection of such sums, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amounts by levying an assessment on the premises. B. Elect any other remedy available to City under the laws ofthe State of Montana. C. Any waiver by City of any default shall not be construed as a waiver of any subsequent default. Landowner(s) hereby acknowledge and agree that it shall be no defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such fees as specified above, in the amounts calculated for all such fees based upon the rates established at the date of this agreement. I MANDEVILLE CREEK ANNEXATION AGREEMENT 8 I a: f"oo '" f"oo :::: ..:- l"") '0 ~ lONg f"oo ~ ~ NiU:::: 01- N~~ _0 _0 - -.,. ==== ~ ~ - ~ -U ==== ~ ->= -...... =>= -0 ==u =.513. -~ === ~ -- !!!!!!!!!!!!!!! c:g =1 _<II -- -- _..... =>= -2 -~ -0 -- =.... -.. !!!!!!!!!!!!!!! J:: _U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 11. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the MANDEVILLE CREEK ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 12. Traffic Analysis Report Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. Ril!ht-of-Way/Easement for Graf Street and S. 19th Avenue Landowner has dedicated, by Public Street Easement, thc following land to the City of Bozeman for right-of-way purposes, which represent Landowner's proportionate share of the necessary right-of-way. Said Public Street Easement will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. a) Landowner shall grant the required additional public street and utility easements to the City of Bozeman for a 90 foot width for the extension of Graf Street within the annexation boundary, and such width as is necessary to provide afu1l60 feet from the center line for South 19th Avenue. I MANDEVILLE CREEK ANNEXATION AGREEMENT 9 I f' ~ f'~..:- fI) '0 ~ U)",8 f'- ~ NOi~ m_ N~~ _0 _0 - -'<I" ==~ ~ iiiiiiiiiiiiiii -u ===~ iiiiiiiiiiiiiii ~ ~:E ~8 =c: ==;; =.. =- -- !!!!!!!!!!!!!! ~ =. -.. -- -- _.~ =:1: !!!!!!!!!!!!!! Ql iiiiiiiiiiiiiii :: -0 -- ~~ !!!!!!!!!!!!!! .c: _U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 14. Waiver ofRie:bt~to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special hnprovement Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage appurtenances to Graf Street and S. l!/h Avenue; and signalization of the intersections S. l!/h Avenue/Kagy Blvd., S. l!/h Ave.!Stucky Road, S. l!/h Ave./GrafStreet, S. l!/h Ave.! Blackwood Road; trunk water and sewer mains to serve the property; and have further executed a Waiver of Right- to- Protest Creation of Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A and B. In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation ofthe property, traffic contribution form the development, or a combination thereof. 15. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the MANDEVILLE CREEK ANNEXATION. The parties further agree that the City may file these documents at any time. 16. Utility Easements Landowner understands and agrees that utility easements, a minimum of30 feet in width, may be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the appropriate development procedure, but in no event later than the filing of any final plat or site plan or issuance ofa building permit on any of the parcels. I MANDEVILLE CREEK. ANNEXATION AGREEMENT 101 <I F' '!! F' gj .; M'O~ UJ--tg F'~~ N Qjgj Ol__ N~gJ _0 _e _. ---t === ~ - iiiiiiiiiiiiii iiiiiiiiiiiiii -u =<n ==== i: -I- ~li: -0 ===u =<: ===~ =.. =- -- !!!!!!!!!!!!!! ~ =. -.. iiiiiiiiiiiiii :: _.~ =E: !!!!!!!!!!!!!! OJ -~ ===0 =- iiiiiiiiiiiiii :.; !!!!!!!!!!!!!! J: _U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 17. Parks Landowner tmderstands and agrees that any contiguous parks, open space, and/or trails shall be extended to and through the annexed property and that location, facility type, and other park development issues will be coordinated between Landowner and reasonably anticipated development on adjacent property. While coordination is needed, fmal approval will remain with the City, and Landowner will be responsible for the development of their property to the standards required by ordinance or development approval on their property. 18. Governintz Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event oflitigation concerning this 'Agreement, venue.is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 19. Attornev'sFees 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 ofin-house COllilSel including City Attorney. 20. 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 tmless waived in writing. 21. Invalid Provision I MANDEVILLE CREEK ANNEXATION AGREEMENT 111 Return Interoffice Mail to: Bozeman Department of Planning and Connmmity Development 20 E Olive Street, Bozeman MT 59715 The invalidity or unenforceability of any provision ofthis 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. 22. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 23. No Assienment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part <I t'-- ~ t'-- gj ,; f')~~ lOl/J8 t'-- - ~ N Qigj N :1100 0-0 _0 _0 - -<t ==== ~ without prior written consent of the City. '.' , 24. 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. - ~ iiiiiiiiiii 25. -u -1Il -E -I- ~E: -0 === u =c ===::::: and shall not expire at their deaths or upon transfer of ownership of the property. =10 =- Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land === -; _ ~ 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. -~ -0 -- ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the _u day and year first above written. LANDOWNER 121 I MANDEVILLE CREEK ANNEXATION AGREEMENT 11111111111111111111111 1111 111111111111111 111111 1111111 g3~f,E, Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 Ch~rlott~Mills-~.llatin Co MTMISC 154.00 By: Edward Wachs STATE OF ILLINOIS COUNTY OF COO{( ) :ss ) On this3/Vtl. day of \Jy\uV'--t/Vl-\...J..vv ,2006, before me, a Notary Public for the State of Illinois, personally appeared Edward Wachs, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OFFICIAL SEi..l. JUDITH l:;. c'n:!.\;'1 NOTARY PUBLIC ,':;XI"!: ': :,.LINOIS MYCOMMISSIC',' ":'~;"l~;; -'8-2009 " ~~'~:~;r^'l-~~y~~ ! ,.j"l-lOlllf e. STEn) ( rinted Name Here) Notary Public for the State of Illinois Residing at :J.I(P IN. uhJJ'u~~ ~'J T6Ja.t:Mu- My Commission Expires: 7fr&! O?OO'1 (SEAL) CITY OF BOZEMAN ('~A-~ By: Chris A. Kukulski, City Manager STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On the J!!t':day of (j II n II A 1- ZoiiJ:".,fore me, a Notary Poblic for the State of Montana, personally appeared~ULSKI AND BRIT FONTENOT, known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. I MANDEVILLE CREEK ANNEXATION AGREEMENT 131 -. ~~ .....- .., ;-..;/ i"""- ~~/~ -:--:-':=..~ :: ~ - ',r' ,...- .- t' _ """-..... -<" -' --' /~ ~-"""'""'"-....-."./ Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 <:r r--- ~ r--- ~ ~ fI') '0 ~ UJ",8 t'-- - ~ NQi~ m- N~g;: ~g -. -.. ~~ ~ ~ _u === ~ ~~ ~E: _8 =c === :: =.. =..... ===~ _c> =' -.. ~:::::: -'~ =E: ~., ~~ -0 -..... =L -.. ~.r; u (Seal) \\\ \" r' L. .,,,, <(...\ l ..J, ' i'. "" '.;:., ",...", ~" ." ' .:::- ~. '.J'T ,J " . ::: iJ.J . '\-:~ .. , -< (. -" ~:c: ~:fll % *.. SF :'\L : * ~ ~~ (,f).l.. ,,-,...1 . .~$ -.:;..~.. . .,;:.-~ ~ 'l'",' . . . .,~{'\ l ~ ~ " . ("" ,,~O\- ,:\,.:$f' "'fllil;1111 ~\;\ \\\\\\'\ otary Public for the State of Montana Residing a~ B~zeman: MO/~U ?f)/O ~;;;;;i;;;7wm~ I MANDEVILLE CREEK ANNEXATION AGREEMENT 141 a: I""" ';'Z I""":;:j .:- tt)o~ lOmg I"""~ ~ N<ii:;:j lll- N~~ _0 _0 - -.,. =Itl -~ ~ -u ==== ~ ->= -I- ~>= _8 =c: -..... -..., =.. =..... -..... ~~ =' -., -..... -..... _..... =E: ~.. ~:: ~~ =.... -.. !!!!!!!!!!!!!!! J:: _U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS MANDEVILLE CREEK ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: SWl/4NWl/4 & NWl/4SWl/4, Section 24, Township 2S, Range 5 E, PMM Gallatin County. Said area contains 79.98 acres, more or less, along with and subject to all easements of record or apparent on the ground. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition ofthe impact to Graf Street, S. Itfh A venue, Kagy Blvd, Stucky Road, and water and sewer systems, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for: A) Street improvements, including paving, curb/gutter, sidewalk, and stonn drainage appurtenances to Graf Street and S. ] gth Avenue; and B) Signalization of the intersections ofS. ]gth A venue/Kagy Blvd., S. ]gth Ave.!Stucky Road, S. ] gth Ave.!Graf Street, S. ] gth Ave.! Blackwood Road; and C) Trunk water and sewer mains to serve the property; or to make any written protest against the size or area or creation of the district, or method of assessment to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. I MANDEVILLE CREEK ANNEXATION AGREEMENT 151 t"'- ~ t"'- ~ ,; Mo~ lOm8 t"'- - !::' NO.i~ m_ N~~ -Q _fS1 _. -'<t =tn -~ ~ iiiiiiiiiiiiiii -u === ~ -li: -I- ~li: -0 ===u =c: === ~ =... =.... -~ =. -.. iiiiiiiiiiiiiii = _.~ =E: !!!!!!!!!!!!!!! <II iiiiiiiiiiiiiii ::::: -0 =.... iiiiiiiiiiiiiii ~ !!!!!!!!!!!!!!! ~ _U Return Interoffice Mail to: Bozeman Department of Planning and Conununity Development 20 E Olive Street, Bozeman MT 59715 In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 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 ofthe parties hereto. DATED this J/J day of '--11 (ft~ ,2006. LANDOWNER STATE OF ILLINOIS COUNTY OF GOOf<- ) :ss ) On this 3 U day of ~o~ ,2006, before me, a Notary Public for the State of Illinois, personally appeared Edward Wachs, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~ d ~ .:JVOff# E STFI'v (Printed Name Here) Notary Public for the State of Illinois '7) , Residing at d /10 / IV. Ij/aIA~}')Ju, t11.PtJ.IT..u ) My Commission Expires: 1//(, Ia.oo~ OFFICIAL SEAL JUDITH E. STERN NOTARY PUBUC, STATE OF (WNOtS MV COMMISSION IXPlAII '.11.11* I MANDEVILLE CREEK ANNEXATION AGREEMENT 16/ a: f' ~ f' g: ,; fI') a : lOo8 f'N~ N Qig: m~ N~:g _19 _19 - -.,. iiiiiiiiiiiiii ~ iiiiiiiiiiiiii iiiiiiiiiiiiii _0 ==== ~ -I: -I- -E _8 =1: === ~ -~ -" !!!!!!!!!!!!!!! C> =1 -"' -.... -.... _..... =:E !!!!!!!!!!!!!!! Q) iiiiiiiiiiiiii ::::: -0 ==== ~ -Ill !!!!!!!!!!!!!!! .r: _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS MANDEVILLE CREEK ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: SWI/4NWl/4 & NWl/4SWl/4, Section 24, Township 2S, Range 5 E, PMM Gallatin County. Said area contains 79.98 acres, more or less, along with and subject to all easements of record or apparent on the ground. IN CONSIDERA nON of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks Maintenance District, or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the City-wide park maintenance, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage ofthe property, linear front footage of the property, taxable valuation of the property, or a combination thereof. I MANDEVILLE CREEK ANNEXATION AGREEMENT 171 <I ,.... ';'! ,.... gj .:- ('f) '0 ~ U)~ g ,.... N ~ NQi~ m_ N~gJ _0 _0 _. -... iiiiiiiiiii ~ == iiiiiiiiiii -0 === ~ iiiiiiiiiii ~ ~JE -0 =-:0 =c =-:~ =... =- -- ~~ =. -.. iiiiiiiiiiiiiii = _.~ =JE !!!!!!!!!!!!!!! '" iiiiiiiiiiiiiii ::: -0 =- iiiiiiiiiiiiiii ~ !!!!!!!!!!!!!!! J:: _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this M day of ~ ((v-...U.~ , 2006. LANDOWNER By: Edward Wa STATE OF ILLINOIS ) :ss COUNTY OF ~O'Ok. On this 3 J day of C/f{ ~UV ,2006, before me, a Notary Public for the State of Illinois, personally appeared Edward Wachs, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same. . . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the'day and year first above written. ) (SEAL) tiM..- ~(1)(rfl E. StEt?;J ( rinted Name Here) Notary Public for the State ofI1lino~ Residing at ,.'),)/;/ N. lJ 1A;bl~Ih,) (Qjt~ My Commission Expires: ? //& 1;)001_ OFFICIAL SEAL JUDITH E. STERN NOTARY PUBUC, STATE OF 'WNO'S MY COMMISSION EXPIAle 701...00t I MANDEVILLE CREEK ANNEXATION AGREEMENT 181 '~ c, if t ~ ~, ';'j; ~ [ X ~ '.-" , ~t 1 Ai'tftll,. sub :35 ~~'I """'" ,..... <I W ,.....N .. N~ Mo~ tONg ,.....N~ Na;~ lll--. N 10m 0.0 iiiiiiiiiiiiiii 0 0 !!!!!!!!!!!!!!! '<t - III iiiiiiiiiiiiiii - iiiiiiiiiiiiiii - '-' '" - i2 iiiiiiiiiiiiiii - l- ii: iiiiiiiiiiiiiii 0 !!!!!!!!!!!!!!! '-' iiiiiiiiiiiiiii c: - '.-0 .,., 10 - ... - -;; ~ C> iiiiiiiiiiiiiii I III iiiiiiiiiiiiiii ... ... ~ :!!: ~ OJ iiiiiiiiiiiiiii .,., - 0 iiiiiiiiiiii I... ~ 10 L '-' 1m Z JliP\lW fitl::. Cu>Yf.T\II;lt'/.l;l'l '"" Chf at. ..-. S14-nl!ttllnll fnd. qi' ................. ~1onp<<"e.O,S. "lQ.~:i! 60' Exist. R.O.W. :-Wl~~~ SlJIl.FCT PROPrRTY OESCRIPllON 1I1e sl<< of the NI<< and the NI<< of the SI<< of Section 24. Township 2 South. Ronge 5 Ea.t. Prfnclpal Meridian Montona. Gollotln County, Montana, being described by meet. and bound. a. follows: Beginning at the C-W X. of said Ssction 24, thence along the we.t X. line of .aid Section 24, 5oo'09'OO"E, 1329.56 ft. to the SW X. of .ald Section 24~ thence along the south X. line of said Section 24, S89'06'37 W, 1299.92 ft. to the Int.rsection of sold .outh X. line and the eostern right-of-woy of South 19th Avenue; thence along said eastern right-of-way, N01 '05' 45"W. 152.57 ft.; thence NOO'33'15"W, 2508.72 ft. to tho Intorsoctlan of .ald eo.tem right-of-way and tho north X. IIno of sold Section 24; thence along .ald north X. IIn., N89'31'2S"E. 1323.21 ft. to the NwX. of .old Ssctlon 24: thence along the we.t X. IIn. of .ald Section 24, 500'OO'45"E, 1322.41 ft. to the point of beginning, containing 79.98 ocr... LEGEND City Limits Zoning Boundory Subject Property Boundory 7585 Shedhorn Drive Bozeman, MT 59718 Phon.:(406)&22-Q526 F'0.:(401I)522-Q52l1 -MAIL ..o.n nrOmt.n.-t 0, ~~ ~""! ':' ~:Il,; III J ~ ~ 'I ~. ~ I N. {JI. , .. cd\ 3530 Centennial Drive Helena, MT 59601 Phoo.:(406)442-B594 F(I)(~(406)442~8557 E-MAIL selJ.r..Ir.II..(bmt.net .--'------ -. /-~ o C:i p o D __L__ 00' Public St _ont --,- 50' Exist. R.O.W. 10' PLlbUo St. [0_' z ~ ~ ~ ~ i ~JrY..,f.I.t.tR/1fS2~.. ~~ s:;;~.~ ~ 7'tlo_LD"Ir~. 1 '!;woor. :u.......fnd. "-l1Ibwbll_ ~gjt IU~ ~ 1~t!'I !.I/ft., (cor. hll. 11-3 fl'-.!o) I SW~ NW~ S24. T2S. R5E SUBJECT PROPERTY 79.98 Ac. NW~ SW~ S24. T25. R5E b sa "06'37"W 1299.92' GRAPHIC SCALE ~ i (IHIUT) Mandeville Creek Annexation Map ,.., ,.~ NWJ,4~,~ ALIJSON ANNEX IJ()N raN INr: ~ ~. ~ g ~ P.O.B. .~:~5:i1+-""d.2 ~~~Itl '::::II=" wl~ ~ilrld""t~tllHl. r;(}S)'9.? ~fl.TMl.ln/J ~~ i:jd ill'" -~ N!'t..'l.-y" .Pil 1rY.ts-",/,QPI ,.t/dtH' C7' StJb Ph..Z S2" =- 110....." ~ ~1r"'w. S;- DESIGNED: CADD: CHECKED: DATE: 8W1/4 of the NW1/4 and the NW1/4 of the 8W1/4 824, T28, R5E, P.M.M., Gallatin County SHEET 1 OF 1