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HomeMy WebLinkAbout07- Parks-Story Mill Annexationm ~ -~ / r'" i,"~ I') a: C") <D .......'" ..:: .......N~ ..'" - '" UJ og .......~ ~ N.\i~ m-. N~~ _0 _0 ~ai ~ ~ ~ _u -V> =H _E === i: ~. _0 ~U =c: ===::: ==~ -';;j ~,~ ~~ ~- _.~ =E !!!!!!!!!!!!!!! '" ~:: -0 -- =.... -.. !!!!!!!!!!!!!!! .r: _U Return In office Mail to: Bozeman De ment of Planning and Community Development 20 E Olive Stree, ozeman MT 59715 "JSo"Z.~ c.tJ Cl~k 'f 6 "Be)(. 1~3 0 '"Eo'Z~1 ~T Sr77J-Jd.30 COMMISSION RESOLUTION NO. 3985 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 Blue Sky Development, Inc., 6730 Tawny Brown Lane, Bozeman, MT 59718, and City of Bozeman, 311 E Main Street, Bozeman MT 59715, owners of the tracts ofland, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land legally described as Tract 5, Certificate of Survey 2547 (also known as Tract 1, Certificate of Survey 1895); 30 foot remainder tract deed book 6, page 112; abandoned right of way of Chicago, Milwaukee, St. Paul & Pacific Railroad on Film 152, page 2244 as shown on Certificate of Survey 2547; all in the southwest 1;4, Section 32, Township 1 South, Range 6 East, PMM, Gallatin County, - 1 - <I C") '" I" t- ~ _N~ ...~ '-I- I........ UJ 08 I"N~ N;,;~ Ol- N.\"iB _0 _0 - -m ~ !!!!!!!!!!!!!!! iiiiiiiiiiiii -u -In =.... iiiiiiiiiiiii ~ !!!!!!!!!!!!!!! Ii: - _0 iiiiiiiiiiiii U =<: ==~ =<0 =- -- !!!!!!!!!!!!!!! .og =. -'" -- -- _.~ =!: !!!!!!!!!!!!!!! Q) iiiiiiiiiiiii ~ -0 =- iiiiiiiiiiiii ~ !!!!!!!!!!!!!!! .r: _U . State of 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 October 16,2006; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City's annexation policy and held on October 16,2006; and WHEREAS, on October 16, 2006, the Commission authorized and directed staff, upon satisfaction by the applicant ofthe terms of approval, to prepare the necessary annexation agreement and other documents to proceed with the annexation of the privately held portion of these tracts in accordance with terms and conditions approved by the Commission; and WHEREAS, on October 16, 2006, the Commission authorized and directed staff to prepare the necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; 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 Blue Sky Development, 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 - 2- .~ ~ a: C") <0 t'-- ~ ::: C") ... t- U) 0 g t'-- '" ~ N;,;~ 01- N~~ ~g -. -m -~ - - iiiiiiiiiiiiiii _u =11l === ;: -~ - _0 ~u =1: === ~ ==~ --;; !!!!!!!!!!!!!!! C> ~~ --< --< _.~ =i: ~2 -... -0 === ~ -.. !!!!!!!!!!!!!!! .c. _u 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 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 3.826 acres ofland and adjacent right of way, to wit: Tract 5, Certificate of Survey 2547 (also known as Tract 1, Certificate of Survey 1895); 30 foot remainder tract deed book 6, page 112; abandoned right of way of Chicago, Milwaukee, St. Paul & Pacific Railroad on Film 152, page 2244 as shown on Certificate of Survey 2547; all in the southwest lf4, Section 32, Township 1 South, Range 6 East, PMM, Gallatin County, State of Montana; and more specifically described as: An area ofland located in Section 31 and Section 32, Township 1 South, Range 6 East, Principal Meridian Montana (P .M.M), City of Bozeman, Gallatin County, Montana being more particularly described as follows: BEGINNING at a calculated position on the southerly Right-of-Way of Bridger Drive from which the southeast comer of said Section 31, bears South 080 55' 53" East a distance of 920.96 feet; thence South 890 27' 27" East a distance of 222.09 feet to a comer position; thence South 270 41' 37" East a distance of 22.72 feet to a comer"jmsilion; _ - thence South 270 41' 37" East a distance of 269.58 feet to a comeqj~si.ti6n; thence South 290 05' 26" East a distance of 56.19 feet to a comer position; thence South 270 33' 19" East a distance of 122.54 feet to a comer position; thence North 890 20' 45" West a distance of 159.60 feet to a comer position; thence North 890 24' 27" West a distance of 101.41 feet to a comer position; thence North 890 24' 27" West a distance of 15.00 feet to a comer position; thence North 890 10' 05" West a distance of 29.94 feet to a comer position; thence South 000 49' 32" East a distance of 109.34 feet to a comer position; thence South 000 49' 32" East a distance of 134.84 feet to a comer position; - 3- " a: ("I') ~ "'N:: ("1')- I' U) og "'... ~ ...... i,j ~ "'0>--- N~~ g ~oi ~ - _0 _fJ) ==i: ~ -0 o =c --~ -... ~ ==~ =, ~.. ~::: -~ '" :: -0 ---< L. ~ _0 thence South 890 40' 26" West a distance of 45.05 feet to a comer position; thence South 890 40' 26" West a distance of 64.54 feet to a comer position; thence north a distance of 135.17 feet along a non-tangential curve concave east having a radius of 1482.50 feet, a central angle of 050 13' 27", a chord bearing of North 07050' 54" West and a chord length of 135.12 feet to a comer position; thence north a distance of 117.66 feet along a non-tangential curve concave east having a radius of 1482.50 feet, a central angle of 040 32' 51 ", a chord bearing of North 02059' 18" West and a chord length of 117.63 feet to a comer position; thence North 000 49' 19" West a distance of 388.67 feet to a comer position; thence North 000 40' 14" East a distance of20.02 feet to the Point of Beginning containing 3.826 acres, more or less. ... SUBJECT to all easements of record or apparent from a visual inspection of the property Section 2 The effective date ofthis annexation is August 6,2007. Section 3 The annexation ofthe above-described tract is subject to the terms of the Agreement dated August 6,2007, by and between the City of Bozeman and Blue Sky Development; and the extension of services plan prepared for the portion owned by the City of Bozeman. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at -, J' "I' a r~gu,~4r, seS'sj~l1. t9-ereof held on the 6th day of August 2007. I .{' t. i!i~'.';i.'" "...."4; ,(~ ,!i- ,4 ~....'U !~ '4... .f ',r' A.., Y,/~ ~_,tI~ c: ~_.",>,',~~"'" \ "'_ -:\~', " t' r \ . I'J .,,', 1-Ij · if' j ,J 'owI1 (,I ~ \'''1 ',"~'-'~"j, " \':-- ' I .- , II. ' tl-. . $'-,>/ , I." "l r-L) if!,;, ~ , 'I, t! ",' t ,', ,-I-_~, ,',J : tt ' ',"f:, H' t ~, , , ,~'---t. ' t .",..,..,- ~, " ~ c~ 'I. ,.f. ,C ,', ~I, --'/"" . ~-:..:: .."1.".." ,;,...... . ... t . ..w_..." 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',(.., 1 c. n ',,1/':. \; \ ,I ''1,l~ "'to.,', S:~', .,.) ... ~."'JIl' ;"~~ ~ , liV ,. 1'.~~,1, f O. ," _ ~l-~ a r ATTEST: -4- .. ~ APPROYEf) S TO FORM: 1111111111111111111111111111111111111111111111111111111 ~~~~~?~?:A Charlotte Mills-Gallatin Co MTMISC 189.00 - 5 - ~ . a: M <D t'"" ~ ~ M_r- to og t'"" <D <:::' Nq;~ m- N~~ ~ ai _(Xl ~ - u ---= UJ H _E i -0 u <: _.~ -~ .. -< ~ 'i' _co :: _.~ :0: _OJ ~ -< :;; J: _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 PARKS/STORY MILL ANNEXATION AGREEMENT ""'- THIS AGREEMENT is made and entered into this L-, day of A'l 0\.......D+ by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the ,2002, State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter referred to as "City", and Blue Sky Development, Inc., 6730 Tawny Brown Lane, Bozeman, MT 59718 hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, the Landowner is owner in fee of certain real property, hereinafter referred to as the "PARKS/STORY MILL ANNEXATION", situated in Gallatin County, Montana, and more particularly described as follows: Tract 1, Certificate of Survey 1895 (also shown on Certificate of Survey 2547); 30 foot remainder tract deed book 6, page 112; SW 1;4, Section 32, Township 1 South, Range 6 East, PMM, Gallatin County. Said area contains 1.89 acres, more or less, along with and subject to all easements of record or apparent on the ground. WHEREAS, the Landowner has petitioned the City for annexation ofthe contiguous tract; and !PARKS/STORY MILL ANNEXATION AGREEMENT ~ .. M ~ ,.... r- .:.:. N~ M.....,~ U) og ,.... r~ ~ N ;,;g: m- N~~ iiiiiiiiiiiiiii g -. -0> -m -~ iiiiiiiiiiiiiii -u -<I> =..... _E -I- !!!!!!!!!!!!!! E - _0 iiiiiiiiiiiiiii U =c ===::: =01 =- -- -.. -<'> =' _III iiiiiiiiiiiiiii = -... =E !!!!!!!!!!!!!! Ql -~ -~ -0 -- =... -.. !!!!!!!!!!!!!! J: _U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 WHEREAS, the PARKS/STORY MILL ANNEXATION 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 46. WHEREAS, all parties recognize that the annexation of the PARKS/STORY MILL ANNEXATION pursuant to Section 7-2-4601, et seq., M.C.A., will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WH EREAS, M. c.A. Section 7-2-4610 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 PARKS/STORY MILL ANNEXATION; and WHEREAS, all parties recognize that the development of the PARKS/STORY MILL ANNEXATION will impact Story Mill Road, L Street, Bridger Drive, Griffin Drive, Rouse Avenue, and Oak Street 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 PARKS/STORY MILL ANNEXATION; and 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 !PARKS/STORY MILL ANNEXATION AGREEMENT 2 , .. C'l ~ t'-- ~ ;:: C'l.... r- U) og t'-- (Xl ~ N ;,;gj N~m 0-0 _0 _0 - -ffi ~ iiiiiiiiiiiii iiiiiiiiiiiii _0 ='" === E -I- !!!!!!!!!!!!! E: - _0 iiiiiiiiiiiii 0 =c: ===::: ='" -- ~- !!!!!!!!!!!!! J =1 -'" -- -- --~ =E: ~~ -.., -0 === ~ -", !!!!!!!!!!!!!!! .c: _0 Rehlrn Interoffice Mai] to: Bozeman Department ofP]al1l1ing and Community Development 20 E Olive Street, Bozeman MT 597]5 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 ofthe pub he health, safety and welfare ofthe community to enter into and implement this Agreement. IN CONSIDERA nON ofthe 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 PARKS/STORY MILL ANNEXATION with the City. By execution ofthis Agreement, the City has manifested its intention to annex the P ARKS/STORY MILL ANNEXA nON tract 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 PARKS/STORY MILL 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 PARKS/STORY MILL ANNEXATION tract to the City. 3. Services Provided IPARKS/STORY MILL ANNEXATION AGREEMENT 3 a: fI') <0 i""'- t- ..:- .......N ~ a." ~ r- to og i""'-O"I~ NiD:::J Ol~ N~~ _0 _0 ~ai ~ !!!!!!!!!!!!! ~ _0 ==== ~ ~~ !!!!!!!!!!!!! ~ - _0 ~o =c === :: ==== ~ ;;;;;;;;;;; - !!!!!!!!!!!!! ~ I -"' -- -- --.... =E !!!!!!!!!!!!! Q) ---- :: -0 =- ~~ !!!!!!!!!!!!!! .t:. _0 Return Interoffice Mail to; Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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 PARKS/STORY MILL 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 contempla!e the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the PARKS/STORY MILL 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 PARKS/STORY MILL 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. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the PARKS/STORY IPARKS/STORY MILL ANNEXATION AGREEMENT 4 Return Interoffice Mail to: Bozeman Department of Planning and Conullunity Development 20 E Olive Street, Bozeman MT 59715 . MILL ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way a: f'l') <0 acquisition, engineering, construction, and other costs for the collection of sewage services to or I"~~ f'l') '0 ~ U) 08 within the PARKS/STORY MILL ANNEXATION to include, but not limited to, any impact fees, I"-~ NOi:::l N &. ~ hookup, connection, or development charges which may be established by the City. The applicant is iiiiiiiiiiiiiii g !!!!!!!!!!!!! en === ~ further on notice that prior to development the applicant will be responsible for installing any iiiiiiiiiiiiiii iiiiiiiiiiiiiii - ~ facilities required to provide full municipal services to the property in accordance with the City of _li: -I- !!!!!!!!!!!!! li: == 8 Bozeman's infrastructure master plans and all city policies that may be in effect at the time of -.s -~ === ~ development. ~.-. !!!!!!!!!!!!! ~ =' -~ iiiiiiiiiiiiiii.-. 6. Connection to Services _.... =li: ~~ === ;; Any existing on-site treatment systems shall be properly abandoned and certification -.-. =L -", !!!!!!!!!!!!! ~ _U provided the abandonment occurred. Any wells presently used for domestic purposes may be retained for irrigation purposes only and shall 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 proper(v, 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 orfor 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 appropriate document acceptable to the City. b. For any annexation or portion thereofproposedfor use as a church as that term is defined in the Bozeman zoning ordinance, the R-I, Residential Single- I PARKS/STORY MILL ANNEXATION AGREEMENT 5 IT C") <D I""-~ .;.: C") '0 ~ U)~g t--~~ NQi~ m~ NO"~ ....-- g ai -~ - _0 _<11 E: !!!!!!!!!!!!! ~ - _0 ....-- 0 =c === :: ='" -- ;;;;;;;;;;;; - .<g I _III ....-- ::: _i OJ ... -"0 =- -L. ~ _0 Return Interoffice Mail to: Bozeman Department o[Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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 supp(j} 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.5, Commission Resolution 3907, Adopted April 24, 2006 The PARKS/STORY MILL ANNEXATION consists of approximately 1.89 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: PARKS/STORY MILL ANNEXATION, consisting of a total of 1.89 acres, shall provide water rights or cash-in-lieu at the time of annexation. 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 ofthe zoning designation and/or City-approved development for the property at the time such calculation is made. 8. Comprehensive Water and Sewer Desi2D Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system IPARKS/STORY MILL ANNEXATION AGREEMENT 6 <I f") ~ t"- [;;j ,; f") a : lONg t"- ~ ~ N.u[::l 0>-- N~:g ~~ !!!!!!!!!!!!!!! oi ===~ ~ - ~ _0 ===~ ~~ !!!!!!!!!!!!! l!: - _0 ~o =c: -=~ =,.. =..... -=~ _C> =1 _Ill -..... -..... --.... =E !!!!!!!!!!!!! Ql -.., -.., -0 -..... =L -~ _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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 ofthe 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 PARKS/STORY MILL ANNEXATION 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 of the PARKS/STORY MILL 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. At the time of any further development on the properties, the landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by Chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection ofP ARKS/STORY MILL 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 IPARKS/STORY MILL ANNEXATION AGREEMENT 7 a: fI') to r--- ~ .;.: fI') '0 ~ UJ",g r--- ~ ~ N.v~ Ol- N~~ -'"' _0 !!!!!!!!!!!!!!! ai -~ ~ iiiiiiii -u ==== ~ -E -..... !!!!!!!!!!!!!!! E - _0 iiiiiiii U =s -... -~ ==-;; -<'> =. -.. iiiiiiii - _.~ ='"' !!!!!!!!!!!!!!! OJ -... -... ~;: =... -.. !!!!!!!!!!!!!!! J: _U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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 beno defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 ofthe 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 ofthis agreement. 11. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the P ARKS/STORY MILL ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the nmoff 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 IPARKS/STORY MILL ANNEXATION AGREEMENf 8 .. (1) ~ ....... t- " I-N~ M'O~ U)...8 r---~ N "N <VN 01- N~~ _0 -Q -' -01 =m -~ - iiiiiiiii iiiiiiiii -0 -lJ) -i: -Ii: - _0 iiiiiiiiii 0 ~-5 -.... =.. =..... -~ =, -'" -..... -- _.~ =:15: !!!!!!!!!!!!!!! Ol iiiiiiiiii ~ -0 =..... iiiiiiiiii ~ !!!!!!!!!!!!!!! L _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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 Analvsis 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. 13. Rieht-of-Wav/Easement Landowner has dedicated, by Public Street Easement, the 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 such width as is necessary to provide a full 60 feet south from the center line for Bridger Drive and 45 feet east from center line for Story Mill Road. 14. Waiver of Rieht-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, including paving, curb/gutter, sidewalk. and storm drainage appurtenances to Story Mill Road, Bridger Drive, L Street, and Oak Street; and signalization of the intersections of Story Mill Road/Bridger Drive. and Rouse Avenue/Bridger Drive/Griffin Drive; and trunk water and sewer mains to serve the property; and have further executed a Waiver of Right-to- IPARKS/STORY MILL ANNEXATION AGREEMENT 9 a: M ~ ..... ~ .:- Mo~ U)LIlg ..... - ~ N;.;~ 01- NO"~ g ~.,; ==== ~ - - - _u _Vl =..... _iE ~ - _0 ~U _.S -~ -~ ~.-. .og I -~ .-. -..... :E -.<I! (; -- ~~ -6 Return InterofTiceMail to: Bozeman Department of Planning and COnnTIunity Development 20 E Olive Street, Bozeman MT 59715 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 of the 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 PARKS/STORY MILL ANNEXATION. The parties further agree that the City may file these documents at any time. 16. Utilitv Easements Landowner understands and agrees that utility easements, a minimum of 30 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 of a building permit on any of the parcels. 17. Parks Landowner understands and agrees that any contiguous parks, open space, and/or trails, including but not limited to the trail along Bridger Drive, 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, final approval will remain with the City, and Landowner will be I PARKS/STORY MILL ANNEXATION AGREEMENT 10 . a: f") ~ ,.... ::. .; f") a : lO",8 ,.... ~ ~ Ni,j~ N~;;:; 0..0 ~g - -m ~~ - ~ _0 ==== ~ _l!: -I- -l!: iiiiiiiiiiiiiii _0 ~o =c =-:: =01 -- ~- _01 _Cl =' _III ~= _.... =l!: !!!!!!!!!!!!!!! .. ~:: -0 -- =... -", !!!!!!!!!!!!!!! .J::. __0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 responsible for the development of their property to the standards required by ordinance or development approval on their property. 18. Governine: Law and Venue This Agreement shall be construed under and governed by the laws ofthe state of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 19. Attornev's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any afthe terms or conditions ofthis 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. 20. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver ofthe same or any subsequent breach ofthis same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 21. 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. 22. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. I PARKS/STORY MILL ANNEXATION AGREEMENT II . . a: fI') ~ t'-- ~ ;; fI') '0 : lOt- g t'-- - ~ N;,;~ 0)- N&:g ---- g 25 -. . -01 =00 -- ---- ---- _u ==== ~ -I: -I- ~E: - _0 ____ u =<: ===::: -~ -- !!!!!!!!!!!!!!! c,'g =' -'" -- -- _.... ='" ~QI ---- :::: -~ -.. ~.c: _U Return Interof1iceMail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 23. No Assienment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part 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. 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. LANDOW~ By: Blue Sky Development STATE OF MONTANA ) :ss COUNTY OF ~ ) On this ,-t>>' day of ~ ,2006, before me, a Notary Public for the State of Montana, personally appeared heW C\(O cite V known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same on behalf of Blue Sky Development. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and IPARKS/STORY MILL ANNEXATION AGREEMENT 12 a: M <0 r--- ~ ..:- Mo~ lOoo:5 r--- ~ ~ N;,;~ Ol- N~:g _0 _0 !!!!!!!!!!!!!!! oi ~~ == ~ _u _Ul ==;: -.... ~]!': - _0 ~U ~S -... ==== ~ --;;; !!!!!!!!!!!!!!! <.l> -, ~~ ~- ~i: ~~ -... -~ -.. -tJ .. Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 year first above written, \;1111"1<111 "", ':~(SEALj ',: ':"'" .,,/~ ;:' ,~"""""': :;:'; \r\l'i~~~, :.......~.. .... \ 1'\\ fl ~' I r / -.. ~\ ..~~ : -:I..' ,\....,1/.'."'.... ','I- ~ :0.:' , :: ; : C ,-< l\\ . ~ -=', ,tIV,\:: -:. '!..J...J. ~ '-, .:- ~.... ....,'7' / .......; J"" -.'. .... ..:...." ....; 1""11, I -t l'r:-' ',,::: t:: f\\\\ I .............. ,! I " \,j I~ ~. \..... .," \ 'IJ . \\\ , Ii. lj H II \I' ~~ P~c.~ (Print Name Here)f>n'\f/ 11-~c,Jt'h~ot1 Not~he State of Montana Residing at ( jIIrr My Commission Expires: I ~/lb/{}{fJ 7 CITY OF BOZEMAN CQ,;lA~1~ By: Chris A. Kukulski, City Manager B ' 'Fru'tt ,- - " nt '.v.~~t.....L.-'..' -\,' Clerk of th~ 'City Co . mission STATE OF MONTANA ) :ss COUNTY OF GALLA TIN ) On the 1~tJ...daY Of~ 200~, before me, a Notary Public for the State of Montana, pers~appeared eRA. KUKULSKI 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. ",\1,"1"" 1/ "/f ..:~,,'\\. ''\ FJ, i € Il//"/~ :-.." , ' 'v L /, ~, .'.. YA'."~ ~.t..,.' , ',"",'~ ~ ~Sre..;l.l} J!)\' :~;_ ~ :: LLJ . \' '. '. ""1.. . I..~ : =:1:: .frl, :*. EAL .*=. ~ . II .:: :;:: ,t') . S ..~ R " ),. · fi/:F~ ',1.,.;' . . . . . .-A't- ~ """~ ' .,',' ("Jr MO'" .~,~ 111"1"" \\\\\ '11111111\\\\\\ otary Public for the State of Montana Residing at Bozeman, Montana ~rires J' Z lR . 'ZiJ/Dommission -rt.tJJ;tf1U ljien~ IPARKS/STORY MILL ANNEXATION AGREEMENl' 13 <I C'I') <0 t"" ~ ,; C'I') '0 ~ lO018 t'-- ~ ~ No;:::l Ol~ N~~ ~g ~ai -~ - _<..> _Vl ==E ==~ iiiiiiiiiiiiiii 0 -<..> =c: _..... -..., ~ -';0 -<'J I iiiiiiiiiiiiii ~ ~- -..... =E: -", ..., -'0 -- iiiiiiiiiiiiii ; -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 P ARKS/STORY MILL ANNEXA TION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1, Certificate of Survey 1895 (also shown on Certificate of Survey 2547); 30 foot remainder tract deed book 6, page 112; SW Y4, Section 32, Township 1 South, Range 6 East, PMM, Gallatin County. Said area contains 1.89 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 ofthe 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 Story Mill Road, Bridger Drive, L Street, Oak Street, Rouse Avenue, and Griffin Drive, and water and sewer systems, which will be caused by the development ofthe 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 storm drainage appurtenances to Story Mill Road, Bridger Drive. L Street. Oak Street; and B) Signalization of the intersections of Story Mill Road/Bridger Drive. Rouse Avenue, Bridger Drive/Griffin Drive; and C) Trunk water and sewer mains to serve the property; IPARKS/STORY MILL ANNEXATION AGREEMENT 14 . a: tt) '" t'-- ~ .:: tt)o~ lOo g t'-- '" ~ No;:;:: 01- N~~ iiiiiiiiiiiii g ~ai iiiiiiiiiiiii ~ iiiiiiiiiiiii iiiiiiiiiiiii -u ==== ~ _l!: -~ - _0 iiiiiiiiiiiii U =t: ===::: -~ --;;; ~<'> =' -.. ---< ---< _..... ='" =.! -.. -0 =--< iiiiiiiiiiiii :u ~J::. _U ~ Return interoffice Mail to: Bozeman Department of Planning and Conununity Development 20 E Olive Street, Bozeman MT 59715 or to make any written protest against the size or area or creation ofthe 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. In the event an SID is not utilized for the completion ofthese 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 from the development, or a combination thereof. This waiver shall be a covenant mnning with the land and shall not expire with the dissolution ofthe 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 7-f't dayof~ ,2006. /-\ C!! LANDOWNER By: Blue Sky Development STATE OF MONTANA ) COUNTY OF ~ :;s Onthis ,+"'- daYOf~ , 2006, before me, a Notary Publicfor the State of Montana, personally appeared Cl C..,.6C K'e V known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the'same.on behalf of Blue Sky Development. , l... I\./ " " .\/\.~' WITN~S~'~EREOF, I have hereunto set my hand and affixed my official seal the ~~~~,\y~b.i;rJtfr~~~ written. . ..... . . - .: : Cl:< l~ J : : l . :.. ~::t~~)..)..: j ;'."'. :"~:: . .{\ . . ,..... ~ 'lit".. ~'. ," ~\. ",,'to "''''''''''' rIIi/ t ~ ~,....". .y.......,.\."..... ............ I,/~ {- G F VI ~ .~, "", ;'14111,11 t 11.11\.d\' ~[.~ (pKnted NaJ11e Here) f lit 'f I t l- S C . JO l1 ~ So 0 l1 I PARKS/STORY MILL ANNEXATION AGREEMENT 15 . (I: M ~ f'[;; .; Mo~ UJ-8 ,.... N ~ Ni,j~ N ~oo 0.0 _0 _0 - -(1) ~~ == ~ -0 <1l ~~ -~ - _0 ~o =c ===::: =Ol =- -- !!!!!!!!!!!!!!! ~ =1 -.. iiiiiiiiiiiiiii :: _..... =li: !!!!!!!!!!!!!!! ill -~ === -0 =- iiiiiiiii :v !!!!!!!!!!!!!!! .J;;. _0 '" Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Sh-eet, Bozeman MT 59715 Notary Public for the State of Montana Residing at f5~ I ftl ,. My Commission Expires: / ~/ ((P/;OtJ 7 PARKS/STORY MILL ANNEXATION AGREEMENT 16 Return Interoffice Mail to: .. Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 .. f') ~ t'-- ~ ..:: fI') '0 : lONg to-- N ~ No;~ m~ N~:g IS) iiiiiiiiiiiiiii '" - -m =<D -~ iiiiiiiiiiiiiii - iiiiiiiiiiiiiii _u ==== ~ -~ -I- !!!!!!!!!!!!!!! :0;: - _0 iiiiiiiiiiiiiii U =1: -..... -~ ='" =..... -..... -'" _<.:l =1 -'" iiiiiiiiiiiiiii = _..... =E: !!!!!!!!!!!!!!! <>> -~ -~ -0 -..... =L -'" !!!!!!!!!!!!!!! L; _u EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS P ARKS/STORY MILL ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1, Certificate of Survey 1895 (also shown on Certificate of Survey 2547); 30 foot remainder tract deed book 6, page 112; SW 1;4, Section 32, Township 1 South, Range 6 East, PMM, Gallatin County. Said area contains 1.89 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 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 I PARKS/STORY MILL ANNEXATION AGREEMENT 17 c- a: tt) ';". t'-- ~ ,; tt)o~ U)",,8 t'-- N ~ NQj~ m- N~~ iiiiiiii g - -m iiiiiiii ~ iiiiiiii _u ==== ~ -E -I- !!!!!!!!!!!!!! E - _0 iiiiiiii U =c === ~ -~ --;;; !!!!!!!!!!!!!! <'> =' -~ iiiiiiii - -i ~~ -oJ ~~ =.... -", !!!!!!!!!!!!!! .c _U . Return Interoffice Mail to: Bozeman Department of Planning and COllnllunity Development 20 E Olive Street, Bozeman MT 59715 footage o[the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATEDthisLdayof ~ ,2006. LANDOWNER // \, ~,--~ By: Blue Sky Development STATE OF MONTANA ) :ss COUNTY OF ~ ) On this l-rl-t day of {J P...r ~ ,2006, before me, a Notary Public for the State ofM~ntana, personally ;p~~r;d /V\ ~ ttfAe4) [--'lOCk ~ V ,known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same on behalf of Blue Sky Development. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. \. ~ I \ I I 1 . I II ; iI, ~ I ~ ,\.<\..> C. \..,' (~ "~"'" -"" 'l:SEA:L/i>, "'. .,/~~~~~,....:.., r "'( ,'. r, I : ;" .>w":~~ "~~ :: J" : \' \" \,11, ".' . '/.";- f O:J..:" \\ -.... .:: : r''\ l' C' v Y I.~, '" j -' i J...) J._,( !, J~i.J \ ~\';:~',~" "..,...<::~:::":,_f I.~"J i f C F l'~i":" '\." ........'i.~ 11,II.ltiillli\\\\\\O MC.~ ttt Y II, - .Jt?'''56I1(PrMted Name Here) Notary Public for the State of Montana Residing at ~l JUT My Commission Expires: / all b/~07 IPARKS/STORY MILL ANNEXATION AGREEMENT 18 . c. a: M ~ t'-- N ~ M'O: UJ.,.g t'-- N ~ No;~ m--.. N~:g -'" _0 - -Gl =~ iiiiiiiiiiiiiii iiiiiiiiiiiiiii iiiiiiiiiiiiiii -u =~ -:15: -~ - _0 iiiiiiiiiiiiiii U -.S -~ ~ -..... !!!!!!!!!!!!!!! ~ =' -'" -..... -..... _.~ =:15: -.2l -.., =~ =.... -.. !!!!!!!!!!!!!!! .!: _u Annexation of Adjacent Right of Way Mfidavit I--1AA ~f':Vr- of Gallatin County. administrative head or owner, and holder of beneficial interest in the street rights of way described on Exhibit A attached hereto and made part hereof, do hereby acknowledge and agree to the annexation of these street rights of way by the City of Bozeman. f'" Dated this C day of ...." , 2006 ~ ~ C') a: (l) t'-- I'- .. N~ M'O~ 101Il~ t'-- N ~ N;';~ 01- N~~ iiiiiiiiiiii "" 6> !!!!!!!!!! OJ - al iiiiiiiiiiii !!!!!!!!!! iiiiiiiiiiii - u <Jl - iiiiiiiiiiii :E: I- - :E: iiiiiiiiiiii 0 == u iiiiiiiiiiii c .~ - ~ .. - --< - .. ~ <.l> I iiiiiiiiiiii III iiiiiiiiiiii --< --< ~ -~ E: !!!!!!!!!! <ll iiiiiiiiiiii ~ ~ - 0 iiiiiiiiiiii L .. !!!!!!!!!! J:. u EXHIBIT A PARKS/STORY MILL ANNEXATION MAP AN ANNEXATION MAP FOR CERTAIN TRACTS OF LAND LOCATED IN SECTIONS 31 &: 32, TOWNSHIP 1 SOU'tH, RANGe. 6 !:;ASl, P,M.M., CITY Or aOZEMAN, STATE OF MONTANA .' ~~. Long,W111"01'27.4&oI83" k....:::d " ~ I ~ ' I : -j E! t-~.".:~~ I '''.-l~~---,.,,-------,"--.......---L~j:~-L-----.............------T--.---...........-------L...........----- .".J:------.-..=~~;;~~]...WU~---i .;;r- J:~~;~-:---~~l:...r----..---.---,-----------=.~.=,,-'"____________ ~~~v1tll' JIl' Ja ttl't,- I , I ~~.,.,,""''''''~roIM,IILl- 'R *'f -1 r I I ; ~:~ i*A/;M$ !( ; ; ~~ i i" ~ ~ ~~ i I ~ ARUJN;'=T1L&CTt 'j111' JIl' -=~Ii)i"""" 111"1'~rRfl-Ol"'/IlIII' ..,....,.4i~ ~~!J(1 :?"'~"l:l=:'--i" p JII' i-=~M'rlllll JIl' ~ ~~:::- ~==: ~ ~4 ; I -l 'I!' ~ ~ r-=;'~~t. 1>ir......'~~1 \ I \ -i P : P c- ~:::.:."""'" \ I \ I \ I \ I - -- ---- - - -- -- - - - - - - -- 't-- -- --i---: \ i I \ I l , I \ I \ -i : , I \ I \ ~ I . ---- - - - - - ---- -- - - - -- -- -- --'--l-"t~_.: = - - --- -- -- - -- - - - -- ------ - - - -'::.t''t> i ------------------------____.J , , , \ \ ~~1l\WI LEG!ND LEOAL DESt:A1PT1JN _ ~ aouN~ OF ANNElCATlON AREA An_r;rIlII..,~~Jt"~:p,~1p,8GI./t1.RII1QIl!'EMl "~MIrtIIIM~(P.M,Ml.cz,,d~,a.lIoMeo_.ty,u.:._... t>M1II!I1OOI'~dNorbd..~ ~~~-=:=..:~~~w::~~EMl~ 1tIIInaIISoIrthIlll'21":M.EMlI~_a1222.OIIfN1lf1~~M; ==~:r~~~:=:~~~~ID~~. e-a.!IouIh 2r [IS' 28" EMllll*nDloIM.1l1fN1tDallDtJlIIId pajnt; ~ikoJII1"7:1"3J'lI1"EwlldIIIaooIJoqll:n~l1N!IlIIaIIlMnIII~nt; 1MnM1WlrtIl1lll"2fj'~!"w..t.d~""'~!..III:>~~; 1l!IInoI~1I9" 24''l7''WMtllllllMalr1f101.41 fIIImalKllJIIaII~ IIRw.c.Joia1hirir~'71"WlI\It.~~ll1,lKJflMljI;>~ptIInt IhlnallIIofIIIsr1fj'05"WIIIIII.~6121l,04fM1lo~bIid~ 1t!IInoIJo!loulhOO"4II'32"EMlI~af109.34lMtmCllllUlilllpajnt; .--$;II/It11j1J'11J11!"!MII~qll~."IMIIII~~nt ~!louIll&lr4/;T~w.-p~d4f,(I;I".,~~ IMooISouIh8lr.cO'28"WIiIII1IIIMiIaI6IU,UlMtltlalilwlllid~ =~~~a~~1S-~:7~~~~ =.~.:~~:~O~=-~~':"~~.~~IIIII =~~~~~~~~~~~~~~~~; III..-NtItIlIllIl-4It14-~._naIIr!J/2(J.D2i\iio1l1:>_~r:I=~ oonIIIlnlng3.1127_.lOOnIoorlnl 8UBJECTtDl~_IIIII6I_t>l~fI'IlfI'IIl1lilti.illl~ IJfIl1llPf1ll*\y. =-.- ----- a-...~~ ~~~ -..-..-..-..- ==t:::-...- 'I.I/'~_M.IVI'I(II'Mr' ----., ... :t~Ln + ... ANNl;;XAllON ARl;;A ... NEWLY DEDICATED RIGI"n.OF.WAY .. LEGAL OESCR:IPTJON$ ;,\'pr~'~,\ HYALlT~ 'liJJ/ "".,'" '''' Bid " ,,,'.w,,,, """.,.. "'.".''',''',-.'''''''' liB wn~ ......w.lI,olll..lIt lOll! 8J ~--------------- I I ---------------1-- I I ____, __~______J \-- ---------- , \ \ , \ \ \ \ \ \--- ------ \ \ \ \ \ \ \ \ \ \--- \ \ \ \ \ \ \ \ L.._... \ \ '-- Hn.LSlDf!"""'" ;;~~~:]'-" \ , \ \ \. \ \. ~IIII'~'~" ~~1fT \ , \ \ \ \ \. I.EUAI- oEacRIPTOM. AIrH OF AIOHT-OF-WA,Y Qr=:DK::AtION MI_<J/~~~:JI',,~~P.'ll;MlnthIJl'~ ~IJ~ I"rh:lpoj~IIt.IeIIWIII(P.~.~~Clryol~,GIAoII~~MtwlIIM ~ngmDf'l~IIMIrtltod..~ =::ir~~ooaf~~~~;-~~ 1I\_~8II"V'34"EaIIIII~oI222.ol1fN1.m~pajt\I; ~StI.IIh27.~"J'/'"r.lllld'*""'oI22.73IM1w~poInI: Ih.lCllNathI!lll.~.,.'O"WIIoM.~III!l11l.~1!..1I1:1C11~p:lhI; IIIMIllIBooIhOO"o45'54.EaIIldllllro:llolllll4.14fN1.mllllDulllldpajnl; tI1!Ioo!HortI>88.~":lT'IN!IIII~ort',OOIMlIo(;l~lKJIr1t -..:.NcrthMl'1~D!I'WoooI.""""''''2jl.04!..1I1:1C11~pci,~ ~~oo".wa:!"EHlldlllanolol101l,34fN1l1lllllculNd~nt; \I1entlI!S<;a.tj!1;III.4II'1I1"t_.d-...."":\1,\III__\I;>~_IZ*'\; _~8Il".40'28"WIIIIII!.dIUIMaIl!I45.00fMIltI/:ll~~~ IhlnalNorIIlOO'<48',rWellllllllMollal134,531Mt1llIlll!llHlDdpolnl; IhlnDllNOOIlOO'18"rWWltl~oI00'\,3111M111o~~nt: 1hI!nRI~1N'~"V'''''-.~'''Ij(I,'i:;1_IQ",,~p::*1I. !h.:dNoftl!OO"<4lI'1~'EIIlall__ot20.02IN1u.N~oI81Q111fl11lll oooIMWlgl,1n_.lTKnorlHl. aU!JECTIo.I_lIltl.QrNIQQNlQf~tltell'lll"""'-lllll~ oI'lIlII~. rn EEl rn , R sALPINE I ~. :'"';~"'~' ~~.~~rl~ UVlYMrc 5Il4!IMIIOFIIIl SHEET 1 Or 1 - ~~. 1111111111111111111111111111111111111111111111111111111 ~~,;;~f}:, Charlotte Mills-Gallatin Co MTMISC 189.00 EXHIBIT A. SHEET 1 t PARKS/STORY MILL ANNEXATION MAP AN ANNEXATION MAP FOR CERTAIN TRACTS OF LAND LOCATED IN SECTIONS 31 & 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M..CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA i .IT,,~ 1f\J) ~ 'i 1~ \ - .,' f ~O - _ ~,~~..!~~Lt;;:L ~.t~~:...~==:=,=::=~=,==,~==-= EXISTING 110.00' ..~=;;~ ..w,.'u....,.""2F,ij;;~:_W-;;::==:~~~~..,... r BRIDGER DRM!l: RIGHT-OF-WAY ........ .. , ... "--J [J \1. ....- ~~jT:~...,..-~= I . \=L,...- !'''''i1J L.......) L'h~~'~~~l-'"""''''''''''. :~~ i I .. ..~^=~~.;;, .F" .....f...... . (l. .....~. ::::... ~~. ""-<1 h,."r~~'''' 1"'~Wl[r""""-"""'" )lt~-... J. _-'1'-""]~ ~.../ D ~)~'~..~ \>\~ r-d-or-""! Ai, .'''' ~ \'-\;\. 'I .. Y )"..-'\1. :. \ \ ; r \\~T~' ~"'-. \ 1j!~\. < \ ') 0.""'''' \ \ /[J)~ ",J;7~,:;~_~__ J .J .<# '" _.u.^1'l'~"~-"'.~.~'.~~".._" ADD&D TO 80' ....'~"'.r'~= ..=, EAI&t NT I~'~ !~L1I\lATE!l A I 'l'\~=-':-~ bY'> I I~ ' Qfp" I , :~I~ '--- --- -~-+ ~ .. · CITY ~:_~~~:t~ :~~.~~~~~-== , - 11.11' . .. . ;: ! ~ ! II I \~ ~ ~it_..- _HlIiROf . i -u- 'A31_(NEn ;~;'fj ~(N .....ACRES (NET] I I i I .. >- I . 'I ~ \ ~ l' I I . . . . ! -::or :or ~....:~.... -; 15' i ~ tf1 15':"" ADOtTONAI.JO'EASeMI!NT . I ~EACI< 8lOE ~ : FOR~~ I COUNTY I " CITY ' .r---- '. . . . . . , . '''''f,~.:f'"' . . . . . . . .' ~J-^A. A",~,,"",.=..,... ~.__~__~..".~__..!!~~~~/VE ' \v~ . :t.... ~9._..~~'\ N ! rF \ \'.'. '.' \ d""Y........ \~1 \ \ 'At l ~"t \. \\..~..\,.:; \ p.... "'l . ~~HILLSID' '. . \' ~" - r[L-gl~ \~\ \. \\.'~\. ....lJ I \ \'\ '.~ I i \1 ( .., II t ~. \ \) / t-- " ~.. , ./ LEGEND DRAWN BY: DATE: PROJECT NO. FILE NAME: TG 11-2()..(l6 001.(l7 PerIcs-Story Mill o~ U ^LPINE ~ ~OFB~!G eUeN NGS OPUS PDsI n Lot N 46' 41' 62,64963- long, W 111" 01' 27.46483" HVALITE ENPINI!r:... P'LLC 1970 8I8dlum Drive, SullBB aoaman, MT 59716 586.5599 OllIee 586.0\490 Fax Scale 1. ~ 100' 1111111111111111111111111111111111111111111111111111111 Charlotte Mills-Gallatin Co MTMISC " '" EXHIBIT A . SHEET 2 . PARKS/STORY MILL ANNEXATION MAP AN ANNEXATION MAP FOR CERTAIN TRACTS OF LAND LOCATED IN SECTIONS 31 & 32, TOWNSHIP 1 SOUTH. RANGE 6 EAST, P.M.M.,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LEGAL DESCRIPTON - EXTERIOR BOUNDARY OF ANNEXATION AREA An area of land located in Section 31 and section 32, Township 1 South, Range 6 East. Principal Meridian Montana (P.M.M), City of Bozeman, Gallalln County, Montana being more particularly described as follows: BEGINNING at a calculated poslllon on the southerly Rlght-<lf-Way of Bridger Drive from which the southeast comer of said Section 31. bears South 08" 55' 53" East a distance of 920.96 feet; thence South 89" 27' 27" East a dlstanca of 222.0S feet to a comar position; thence South 27" 41' 37" East a distance of 22.72 feet to a comer poslllon; thence South 27' 41' 37" East e distance of 269.58 feet to a comer position; thence South 2So 05' 26" East a distance of 56.19 feet to a comer paslllon; thence South 27" 33' 19" Eest a distance of 122.54 feet to a comer position; thence North 8S" 20' 45" West a distance of 15S.60 feet to a comer posltlon; thence North 8S" 24' 27" West a distance of 101.41 feet to e comer position; thence North 8S" 24' 27" Weat a dlatance of 15.00 feet to a comer position; thence North 8S" 10' OS" West a dlatance of 2S.94 feet to a comer position; thence South 00" 49' 32" East s distance of 109.34 feet to a comer position; thence South 00' 49' 32" East a distance of 134.84 feet to e comer position; thence South 89" 40' 26" West a distance of 45.05 feet to a comer posltlon; thence South 89" 40' 26" West a distance of 84.54 feet to a comer posItton; thence north a distance of 135.17 feet along a non-tangenllal curve concave east having a radius of 1482.50 feel, a centrslangle of 05' 13' 27", a chord bearing of North 01" SO' 54" West and a chord length of 135.12 feet to a comer posltlon; thence north e dlstanca of 111.86 feet along a non-tangential curve concave east having a radius of 1482.50 feel, a centrslangle of 04' 32' 51", a chord bearing of North 02' 59' 18" West and a chord length of 117.63 faet to a comer posltlon; thence North 00' 4S' 1 S" West a distance of 388.67 feet to a comer poslllon; thence North 00' 40' 14" East a distance of 20.02 feet to the Point of Beginning containing 3.826 aeres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the properly. LEGAL DESCRIPTON - AREA OF ROAD EASEMENT DEDICATION An area of land located In Section 31 and Section 32. Township 1 South, Range 6 East. Principal Meridian Montana (P.M.MI, City of Bozeman, Gallatin County, Montana being more particularly described as follows: BEGINNING at a calculated position on the existing southerly Right -ot.Way of Bridger Drive from which the southeast comer of said Section 31, bears South 08' 55' 53" East a distance of 920.96 feet; thence South 89" 27' 27" East a distance of 222.0S foot to a comer position; thence South 27' 41' 37" East a distance of 22.72 feet to a comer posltlon; thence North 89' 27' 27" West a distance of 56.97 feet to a comer position; thence South 00" 45' 54" East a distance of 394.14 feet to a comar position; thence North 89' 24' 27" Wast a distance of 15.00 feet to a comer position; thance North 89' 10' OS" West a distance of 2S.94 feet to a comer position; thance South 00' 49' 32" East a distance of 109.34 feet to a comer position; thance South 00" 49' 32" East a distance of 134.84 feet to a comer position; thence South 8S" 40' 26" West a distance of 45.05 feet to a comer position; thence North 00" 48' 17" West a distance of 134.53 feet to a comer position; thence North 00" 48' 17" Weat a distance of 504.31 feel to a comer position; thenca North 89" 27' 27" West a distance of 85.13 feet to a comer position; thenca North 00" 40' 14" East a distance of 20.02 feet to the Point of Be91nnlng containing 1.172 acres, more or less. SUBJECT to all easements of record or apparent from a visual Inspection of the property. HVALITE iHIIINii"R5. ~LI.C DRAWN BY: DATE: PROJECT NO. FILE NAME: TG 11-2~ 001.(l7 Par1<s-Story Mill >>.A~ 1970 Stadium Orl"". SuIlaB _Brl, MT 59715 588.5599 om.,. 588.4490 Fe>< 2276373 Page: 27 of 27 08/22/2007 11 :16A 189 00 - I I Scala 1" ~ 100'