HomeMy WebLinkAboutResolution 4062, Annexation of a non-contiguous tract of land, west of S 19th, owners HB Land and Construction, LLC
Boze~an City Clerk
'P.O. Box 1230
]!ozeman, MT 59771-1230
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COMMISSION RESOLUTION NO. 4062
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A
CERTAIN NON-CONTIGUOUS TRACT 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 NON-CONTIGUOUS TRACT.
WHEREAS, the City of Bozeman received a request for annexation from HB Land and
Construction, LLC, Susan H. Barbisan, Managing Member, 7067 South Third, Bozeman, MT
59715, owners of the tract, requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include a certain non-contiguous tract ofland lying west of South 19th Avenue and
north of Graf Street in the County of Gallatin, State of Montana; and
WHEREAS, on May 21,2005, the City Commission Acknowledged Receipt of Request for
Annexation and referred it to staff declaring it to be the intent of the City of Bozeman to extend the
boundaries of said City so as to include said non-contiguous tract within the corporate limits ofthe
City; 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 June 6,
2005; and
WHEREAS, a public hearing on Acknowledge Receipt of Petition for Annexation and
Acknowledge Receipt of Staff Report was duly noticed and held on June 6, 2005; and
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WHEREAS, no objections to said annexation were raised at the public hearing; and
WHEREAS, the City did not receive any written protest from the real property owners ofthe
area to be annexed; and
WHEREAS, on June 6, 2005, the Commission authorized and directed staff, upon
satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to
proceed with the annexation of this tract; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way,
easements, water rights or cash in lieu, waivers of protest against creation of SID's and water and
sewer hookup fees, to said non~contiguous tract is the subject of a written agreement between the
City and from HB Land and Construction, LLC, Susan H. Barbisan, Managing Member, 7067 South
Third, Bozeman, MT 59715, record owners of the tract; and
WHEREAS, said non-contiguous tract is the subject of a plat or 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 non-
contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the
inhabitants of the non-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 non-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
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embrace and include such ~ 26 acres of land, to wit:
A Tract of land bcing Certificate of Survey No., and being more particularly described as follows:
A tract ofland being Lot 2 of Minor Subdivision No. 235, located in the Northeast One-Quarter of
Section 23, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County,
Montana, and being more particularly described as follows:
Beginning at the Northwest Comer of said Lot 2;
thence around said Lot 2 through the following courses;
South 88054'02" East, a distance of 1222.85 feet;
South 00034'22" West, a distance of925.72 feet;
North 88054'36" West, a distance of 1230.33 feet;
North 01002'09" East, a distance of925.89 feet to the Point of Beginning.
Said tract of land being 26.07 acres, along with and subject to any existing easements.
Section 2
The effective date of this annexation is September 4, 2007.
Section 3
The annexation of the above-described tract is subject to the t~rrn-~-:~ftbe AWeement dated
September 4, 2007, by and between the City of Bozeman and HB Land ana Construction, LLC,
Susan H. Barbisan, Managing Member, 7067 South Third, Bozeman, MT 59715.
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PASSED AND ADOPTED by the City Commission ofthe City of Bozeman, Montana, at a
regular session thereof held on the 4th day of September 2007.
ATTEST:
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APPROVED AS TO FORM:
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HB ANKEXA TION 1JAP
A TR.\CT 0 F LAND BEING LOT 2 0 F ~HNOR srBDIVISION Ko. 235
LOCATED IN THE NORTHEAST O~"E-QCARTER OF SECTION 23,
To\VNSHIP 2 SOCTH, K\NGE 5 EAST, PRINCIPAL ~IERIDlAN ~IOr-.'TANA,
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LOT 2
MINOR SUBDMSION No. 235
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A tract of land being Lot 2 of Minor SubdJvrslon No.. 235, located In the Northeast One-Quarter
of Section 2.3, Town 9h ip 2 Sou th. Ron 9-8 5 East, Prin ctp 01 t.4erldlm Ir,.! on ten a, Gallot.n Cou n t y.
tool onbma, and being morl!l portjcularl'1 d ascribed 0:51 follows:
Beginn ing 0 t th e Northwes t Comer of sa fa Lot 2;
thenc:e arou n d :!iIofd Lot 2 throu gh th e foll a-win g c:ou rses-;
South 88.54'02" East. a distance of 1222.85 le.t;
South 00.3~' 22" West, 0 distcroce 01 925.72 reel.
North 88'54'36" West, 0 distance of 1230.33 feet;
North 01 '02'09" East, 0 distanc. 01 925,89 reet to the Paint of Beginning,
Said tract of land being 26.07 acres, along with and subject to any ex~tjng eo-semellhil.
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Bozeman City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
HB ANNEXATION AGREEMENT
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THIS AGREEMENT is made and entered into this L-/ day of .<),; (1}~1>1ber, 2007, by
and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the
State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter
referred to as "City", and HB Land and Construction, LLC, Susan H. Barbisan, Managing Member,
7067 South Third, Bozeman, MT 59715, hereinafter referred to as "Landowners".
WITNESSETH:
WHEREAS, the Landowners are owners in fee of a tract of certain real property, hereinafter
referred to as the HB ANNEXATION, situated in Gallatin County, Montana, and more particularly
described as follows:
Lot 2 of Minor Subdivision No. 235, located in Section 23, Township 2 South, Range 5 East,
Gallatin County, Montana, and the adjacent public rights-of-way.
WHEREAS, the Landowners have petitioned the City for annexation ofthe non-contiguous
tract; and
WHEREAS, the HB ANNEXATION is not within the corporate limits ofthe City or other
municipality, is not 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, and
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WHEREAS. all parties recognize that the annexation of the HB ANNEXA nON pursuant to
Section 7-2-4601. et seq., M. e.A., will entitle the said property to City services, including municipal
water and sewer service, upon their availability; and
WHEREAS. all parties hereby state that there is no need to prepare a Municipal Annexation
Service Plan for the HB ANNEXATION pursuant to M.C.A. Section 7-2-4610 since the parties are
in agreement as to the provision of municipal 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 Landowners wish to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the HB ANNEXATION; and
WHEREAS. all parties recognize that the development of the HBANNEXA nON will
require additional public street improvements for traffic circulation on South 19th Avenue, Graf
Street. South 27th Avenue, Blackwood Road, Stucky Road and Fowler Avenue; and
WHEREAS, all parties recognize that the development of the HB ANNEXA nON will
impact the intersections of South 1 gth Avenue/Kagy Boulevard and South 1 gth Avenue/Stucky Road,
and
WHEREAS, the Landowners 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 HB ANNEXA nON; and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply and traffic circulation pattern for the City as it now
exists and as it is reasonably expected to enlarge; and
IHB ANNEXATION AGREEMENT
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Charlotte Mills-Gallatin Co MTMISC
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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 detenuined that it is in the best interests of the City and the
Landowners, and in furtherance of the public health, safety and welfare of the community to enter
into and implement this Agreement.
IN CONSIDERA nON of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals.
HB ANNEXA nON is adjacent to the existing right-of-way for South 19th A venue.
2. Annexation.
The Landowner filed an application for annexation of the HB ANNEXA nON with the City.
The City, on June 6, 2005, acknowledged receipt of the Petition to Annex the HB ANNEXATION.
By execution of this Agreement, the City has manifested its intention to annex the HB
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 ofthe HB ANNEXA nON to the City. Further, upon the execution ofthis
Agreement, the Landowners shall do all things necessary and proper to aid and assist the City in
carrying out the tenus, conditions and provisions of this Agreement and effectuate the annexation of
the HB ANNEXATION to the City.
3. Services Provided.
The City will, upon annexation, make available only existing City services to the extent
currently available, including municipal water service, municipal sewer service, police protection,
IHB ANNEXATION AGREEMENT
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Charlotte Mills-Gallatin Co MTMISC 245.00
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and fire protection, to the HB ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined.
The term "municipal water service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the City's provision of this
service. The term does not contemplate the extension of lines or construction of necessary
improvements at any cost to the City for delivery of water to and within the HB 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 HB ANNEXATION to
include, but not limited to, any impact fees, hook-up, connection, or development charges which may
be established by the City.
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 HB ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the collection of sewage services to or within the HB
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
IHB ANNEXATION AGREEMENT
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Charlotte Mills-Gallatin Co MTMISC
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6. Water Rie:hts.
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the
anticipated average annual consumption of water by residents and/or users of the
property when fully developed. The fee may be used to acquire water rights or for
improvements to the water system, which would create additional water supply
capacity. Except, however, that for any annexation in excess often (10) acres, this
policy shall be carried out prior to final plat approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The Landowners shall provide sufficient water rights or cash-in-lieu as calculated by the City
in accordance with its policy at time of calculation. The Landowners further understand 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.
The Landowners agree to provide sufficient water rights or cash-in-lieu of water rights prior
to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building
permit, whichever occurs first.
7. Comprehensive Water and Sewer Desie:n 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
IHB ANNEXA nON AGREEMENT
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Charlotte Mills-Gallatin Co MTMISC 245_00
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improvements required for full development. The Landowner agrees to complete at Landowner's
expense, the necessary system improvements to serve the full development.
8. Future Development
The Landowners understand and agree that all future development on the HB
ANNEXATION Tract shall be served by City Water and Sewer as provided for in the City's facility
master planning documents. The Landowners understand and agree that municipal services are not
currently available to the area proposed for annexation and that there is no right, either granted or
implied by the City, for the Landowners to develop any of the HB ANNEXATION Tract until it is
verified by the City that necessary municipal services, including but not limited to police and fire
protection, are available to all or a portion of the HB ANNEXATION Tract.
Landowners further understand and agree that at the time future development provides
municipal water and sewer services to the existing residences, that they must connect to these
services. After connection to city water services, any existing wells may be used only for irrigation
purposes only, and the septic systems and tanks must be properly drained, filled and abandoned.
Upon future development of the HB ANNEXATION Tract, the City Water/Sewer
Department will review plans for development of the proposed water infrastructure when they are
provided and make any recommendations required to supply water to any proposed development on
the HB ANNEXATION Tract.
9. 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 requirements.
Landowners shall pay to the City Fire and Street Impact Fees for any existing structures within the
IHB ANNEXA nON AGREEMENT
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Tract prior to or at the time of Landowners' execution of this Agreement. 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 any 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 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 ofHBANNEXA IION 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 of the State of Montana.
C. Any waiver by City of any default shall not be construed as a waiver of any subsequent
default.
Landowner( s) hereby acknowledge and agree that it shall be no defense to the enforcement of
this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal
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
IHB ANNEXATION AGREEMENT
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Charlotte Mj.lls-Gallali~_C~ ~T~I~C__ _2~5-.:0~ _ _ __ _ _ _ __ _ _
specified amounts, or prohibiting any such payment, landowner will pay such fees as specified
above, in the amounts calculated for all such fees based upon the rates established at the date of this
agreement.
10. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the HB
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 storm water maintenance plan.
11. Traffic Analvsis Report
Landowner shall provide a detailed Traffic Analysis Report(s) at the time of future
development of any portion of the annexed property.
12. Waiver of Ri2ht-to-Protest Special Improvement Districts
The Landowners have executed a Waiver of Right-to-Protest Creation of Special
Improvement District for a) Street improvements including paving, curb/gutter, sidewalk and storm
drainage facilities for the following streets: South 19th Avenue, Graf Street, South 27'h Avenue,
Blackwood Road, Stucky Road and Fowler Avenue; b) Signalization Improvements for the following
intersections: South 19th Avenue/Kagy Boulevard and South 1 gth Avenue/Stucky Road; c) Trunk
Sewer and Water mains to serve the property; and d) for a park maintenance district. Said Waivers
IHB ANNEXATION AGREEMENT
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are attached hereto as Exhibits A and B.
13. Utility Easements
Landowner understands and agrees that utility easements, a minimum ono feet in width, will
be necessary for the installation and maintenance of water and sewer utility services to the annexed
parcel. The Landowner shall create such 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.
14. Parks. Open Space and Trails
Landowner understands and agrees that to achieve the goals and objectives set forth in the
Bozeman 2020 Community Plan, any contiguous parks, open space, and/or trails shall be extended to
the annexed property, and a Master Plan demonstrating the connectivity of said parks, open space
and trails shall be provided. Said Master Plan is attached hereto as Exhibit C.
15. Diversitv
Landowner understands and agrees that to achieve the goals and objectives set forth in the
Bozeman 2020 Community Plan, a diversity of housing types and (net) densities shall be provided,
and a Master Plan demonstrating the diversity of housing types and densities shall be provided. Said
Master Plan is attached hereto as Exhibit C.
16. Urban Desie:n
Landowner acknowledges and agrees that that future development will comply with the goals
and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for
implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community
Plan for both community and neighborhood design, a Master Plan of the land use patterns and types
IHB ANNEXA nON AGREEMENT
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for development of the property that addresses compatibility with, and sensitive to, the immediate
environment of the site and the adjacent neighborhoods relative to architectural design, building
mass and height, neighborhood identity, landscaping, historical character, orientation of buildings,
and visual integration shall be provided. Said Master Plan is attached hereto as Exhibit C.
17. WetIands
The Landowner acknowledges and agrees that prior to annexation, boundary determinations
shall be prepared for all wetlands on the property to be annexed. Said documentation is attached
hereto as Exhibit D.
18. Fire Station Complex
Landowner acknowledges and agrees to the donation of lands within the annexed areas to
include up to two (2) acres for the purposes of a fire station complex with the land subject to review
and approval of the Bozeman Fire Department. Said documentation is attached hereto as Exhibit E.
19. Additional Terms of Waivers
The parties recognize that these documents shall be executed and returned to the Bozeman
Planning and Community Development Department within one year of preliminary approval ofthe
annexation request by the Bozeman City Commission. The parties also recognize that these
documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale
or transfer of ownership of any land within the HB ANNEXATION. The parties further agree that
the City may file these documents at any time.
20. Governine Law and Venne
This Agreement shall be construed under and governed by the laws of the state of Montana.
In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District
IHB ANNEXA nON AGREEMENT
10 of I3 I
111111' 11111 II011lll~1111 110111 I~II 111111111111 ~~ ~~~~~~,~:
Charlotte Mills-Gallatin Co MTMISC
245.00
Court, Gallatin County, State of Montana.
21. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any ofthe terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including
City Attorney.
22. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed
a waiver of the same or any subsequent breach of this same or any other term, covenant or
agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in
writing.
23. 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.
24. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
25. No Assie:nment
It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part
without prior written consent of the City.
IHB ANNEXA nON AGREEMENT
11 of 13 I
111111111111111111111111111111111111111111111111111111I ~~;~~f,F~p
Charlotte Mills-Gallatin Co MTMISC 245.00
26. 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.
27. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
PROPERTY OWNER
~tk~13~
HB Land and Construction, LLC
Susan H. Barbisan, Managing Member
7067 South Third, Bozeman, MT 59715
STATE OF MONTANA )
ss.
County of Gallatin )
On this ~ day of ~tpr .fAil/lt..) c.r--v , 2006, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Susan H. Barbisan, known to me to be the
Managing Member, of HB Land and Construction, LLC, the corporation that executed the within
instrument, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
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IHE ANNEXAtION AGREEMENT
(S~e above
(Printed Name above)
Notary PUblic/!)r State of Montana ,^ A ~
Residing at: 07 <: VJ~ " V v I
Commission Expires: Q?;:> D {o} Jall_
(Use 4 digits for expiration year)
12 of 131
1111111111111111111111111111111111111111111111111111111 ~~~~~~oF~p
Charlotte Mills-Gallatin Co MTMISC
245.00
C~OZE~ 11 ^ 1\ '
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By: Chris Kukulski, City Manager
STATE OF MONTANA )
ss
County of Gallatin )
On the J ~ay of. <; nh rnho 7\ ,2007, before me, a Notary Public for the State of Montana,
personally appeared ~d Cynthia Delaney, known to me to be the City Manager and
Acting City Clerk 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: and and affixed my Notarial Seal on the day and
year first written above.
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IHB ANNEXA nON AGREEMENT
13 of 13 I
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Charlotte Mills-GAllatin Co MTMISC 245.00
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EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
HBANNEXATION
The undersigned owners of the real property situated in the City of Bozeman, County of
Gallatin, State of Montana, and more particularly described as follows:
Lot 2 of Minor Subdivision No. 235, located in Section 23, Township 2 South, Range 5 East,
Gallatin County, Montana, and the adjacent public rights-of-way.
IN CONSIDERA nON of receiving approval for annexation for 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 which
will be caused by the development of the above-described property, 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 facilities for the following streets: South 19th Avenue, GrafStreet, South 27th
Avenue, Blackwood Road, Stucky Road, and Fowler Avenue; b) Signalization Improvements
for the following intersections: South 19th AvenuelKagy Boulevard, and South 19th
Avenue/Stucky Road; and c) Trunk Sewer and Water Mains to serve the property; or to make
1111111111111111111111111111111111111111111111111111111 ~~;~~~,F~p
Charlotte Mills-Gallatin Co MTMISC
245.00
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 improvement districts which would
include the above-described property.
In the event Special Improvement Districts are not utilized for the completion of these
projects, 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.
This waiver shall be a covenant running with the land and shall not expire.
The terms, covenants and provisions of the Waiver shall extend to, be binding upon the
successors-in-interest and assigns of the parties hereto.
DATED this r day of S;pfi/tn beA ,2006.
PROPERTY OWNER
,~~~ l1~lM~
HB Land and Construction, LLC
Susan H. Barbisan, Managing Member
7067 South Third, Bozeman, MT 59715
STATE OF MONTANA )
ss.
County of Gallatin )
On this {Y day of itpt'tvvvb(y , 2006, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Susan H. Barbisan, known to me to be the
Managing Member, of HB Land and Construction. LLC, the corporation that executed the within
instrument, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
I 111111111111111111111111111111111111111111111111111111 ~~~~~,~:
2
Charlotte Mills-Gallatin Co MTMISC 245.00
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Residing at: -J? f M6L1/1 , MJI
Commission Expires: ??, () 10, (~-()01
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1111111111111111111111111111111111111111111111111111111 ~~5~~~O~~P
3
Charlotte Mills-Gallatin Co MTMISC 245.00
---.- ---
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF PARK MAINTENANCE DISTRICT
HB ANNEXATION
The undersigned owners of the real property situated in the City of Bozeman, County of
Gallatin, State of Montana, and more particularly described as follows:
Lot 2 of Minor Subdivision No. 235, located in Section 23, Township 2 South, Range 5
East, Gallatin County, Montana, and the adjacent public rights-of-way.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts which
will be caused by the development of the above-described property, has waived and do hereby waive
for itself, its successors and assigns, the right to protest the creation of a city-wide park maintenance
district which will provide a mechanism for the fair and equitable assessment of maintenance costs
for city parks; 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
improvement districts which would include the above-described property.
/111/11111111111111111111111111111111111111111111111111 ~~,~~f,F~,
Charlotte Mills-Gallatin Co MTMISC 245.00
.
In the event Special Improvement Districts are not utilized for the completion of these
projects, 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 of the property,
linear front footage of the property, taxable valuation ofthe property, or a combination thereof
This waiver shall be a covenant running with the land and shall not expire.
The terms, covenants and provisions of the Waiver shall extend to, be binding upon the
successors-in-interest and assigns of the parties hereto.
DATED this ~ day of, ~.fvrn 6A. ,2006.
PROPERTY OWNER
\ L4wwiJ&l~~
-
HB Land and Construction, LLC
Susan H. Barbisan, Managing Member
7067 South Third, Bozeman, MT 59715
STATE OF MONTANA )
ss.
County of Gallatin )
On this lrt\.../ day of c;lfrfeANl QGr- , 2006, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Susan H. Barbisan, known to me to be the
Managing Member, of HB Land and Construction. LLC, the corporation that executed the within
instrument, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
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Notary Public for State of Montana
Residing at: f/107..e f/LiI./M1, MlJ
Commission Expires: O;?;;;. D h, ;;xX'Pf
(Use 4 digits for expiration year)
2
1111111111111111111111111111111111111111111111111111111 ~~~~~f0~~P
Charlotte Mills-Gallatin Co MTMISC 245.00
1111111111111111111111111111111111111111111111111111111 ~~~~~~o~~p I
Charlotte Mills-Gallatin Co MTMISC 245.00
BARBISAN ANNEXATION
- Draft Master Plan
i
LAND USE CALCULATIONS:
ASSUMe: 45% of property is either open
space J park land} or RD\.I.
(~6 acres)(45%) = 11.7 acres
Net B~ildable Acreage= 14.3 acres
I
\.lith R-4 - ASSUMe 8 units / acre
014.3 acres)(8 units/ac) = 115 units
Park Land RequireMent = 3.45 acres
LWC
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~,,~'!,.a-..,lI..:ti'. ~(GlI~ Fac[tOI)!iI!I2--!iIDlo
[NT: EOGEFIELD
~ElD WORK~ DATE: 2/14/06
DRA \IN BY: MEE SCALE: I" 200'
CHECKED BY:~ PROJ ,LEGENDSII
PLOTTED DATE: J"n/D5/2006
DR A WING NAME:
C= PRO"EtJ/39!59/002/ACAD/f'RE-PlA T fUGHJlNG.D'WG
SHEET ~OF ----1=&\GE
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Montana Department of Transportation
Jim Lynch, Director
Brian Schweitzer- Governor
Butte DIstrict Office
3751 /!WMe Avenue
PO Box 3068
Butte, MT 59702-3068
March 3,2006
Kyle Thompson
Allied Engineering
32 Discovery Drive
Bozeman, Montana 59718
~
Subject: Annexation South 19th Avenue
Dear Kyle;
Attached are the documents that you requested.
Please forward any documentation that the City of Bozeman enacts when this property is
annexed for our files.
ey M. Ebert, P .E.
Butte District Administrator
Copy: District file
\ 11111\111\1 \1111 111\11\ 111\\111\\ 11111\\1 11II11\ II 111\ ~~;~~~f'?~F
Charlot~e M_ill~-G~_ll~tin_ C~MT~I~
245.00
Phone: (406) 494-9600
An Equal opportunity Employer
TTY: (800) 335-7592
W",h p"t1P_' www.mdtstate.mtus
ROW/FORMS\RESIPRO\198
Revised 3/1812004
S 243(1)
Bozeman - South
Y 414-001-000
Parcels 24, 25, 26, 27, 28, 29, & 30
REQUEST FOR ANNEXATION
WHEREAS, the STATE OF MONTANA, Department of Transportation (MDT),
possesses an interest in or is the owner of the hereinafter described property/right-of-
way; and
WHEREAS, the hereinafterMdescribed property that MDT owns as follows:
The highway right-of-way for South 19th Avenue between stations 290+09.1
and 343+35.8 of the above referenced highway project, being situated in the
WY2WY2 of Section 24 and the EY.2E~ of Section 23, Township 2 South,
Range 5 East, P.M.,M., Gallatin County.
NOW, THEREFORE, pursuant to Title 7, chapter 2, part 44, Montana Code
Annotated, the STATE OF MONTANA, Department of Transportation, formally advises
the City of Bozeman, Montana that it desires to have the aforementioned land annexed
to the City of Bozeman, Montana.
IT IS FURTHER understood by the STATE OF MONTANA, Department of
Transportation, and by annexing said premises to the City of Bozeman pursuant hereto,
the City of Bozeman does agree, that said property shall not be subject to assessment
for any present or future Special Improvement District created by the City of Bozeman,
including or affecting such property. Further, said property shall not be subject to present
or future zoning restrictions created by the City of Bozeman. This request does not,
however, in any way further diminish or add to the rights or duties of the STATE OF
MONTANA, Department of Transportation, in relation to said property. The request shall
also constitute a waiver of any notice of annexation that may be required per section 7M2-
4405, MCA, AS AMENDED.
Dated this A- day of Fd!J ,2006.
1111111111111111111111111111111111111111111111111111111 ~~~~~~~~p
Char~~tte Mills-Gallatin Co MTMISC 245.0121
..
ROW/FORMS\RESIPRO\198
Revised 3/1812004
State of Montana )
)
County of Lewis & Clark )
Signed and sworn to before me on the .si;i day of F f1.1
Lynch, Director, State of Montana, Department of Transportation.
, 2006 , by Jim
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Residing at: J:ki I YJti(
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Charlotte Mills-Gallatin Co _M_T~ISCn;_~45.00_;
EXHIBIT D
7067 South Third
Bozeman, MT 59715
August 16, 2006
City of Bozeman
Planning and Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
A TTN: Ms. Lanette Windemaker
Dear Ms. Windemaker,
This letter is in response to the requirement for verification of wetlands with
annexation into the city of Bozeman. The subject property (26 acres) is Lot 2 minor
subdivision 235.
With wetlands being defined as "lands where water saturation is the dominant
factor determining the nature of soil development and the types of plant and animal
communities living in the surrounding environment, i.e. sloughs, ponds and marshes,"
this property contains no wetlands. It is crossed by a tributary of Catron Creek flowing
north. The subject property is currently in agricultural production. The west portion
(17.1 acres) is under cultivation. The east portion (8.9 acres) containing the stream is
utilized as pasture.
Wetlands on adjacent properties have been identified in the lCD Annexation,
Zone Map and Growth Policy Amendment Application. A copy of the lCD Annexation
Map showing water bodies and wetlands is attached. Also enclosed are aerial photos
from Gallatin County FSA, showing cultivated field, stream and pasture areas containing
no wetlands on the subject property.
Setbacks for the stream corridor will be maintained at 50 feet from the center of
the streambed as required. Thank you for your consideration in this matter.
u~
David 1. B bisan, M.S.
lIB Land and Construction LLC
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23. ~Olh ~nt:p~e~ cn t...... 15~ ~Xj~ 677. Ih..- f;".......a.~d...- 01 Ih. t.Y1~","-~1 'Jn~-Qo_.....- 01 lhe
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IhMe lands ...,c.""ed ..... ,,;.,-, '.52 P"'I8 6J7. ""d ,h. CooCu"...., emr...-lIYI b.....~""""'" r~al"'7'""""l
C""""" r~QC( ~ ~I 3M~ ; ~2 -;>"9'" 4]~ Plc1 ""'''' 1rac( "] ~:-I<n Be- ~og~ ~ij. .0.....--,.. 2 5ou1~
~onq. 5 E-"5l. ~';;"cop(" ........;a..n """'''''G. CoIlot.... C"","L~, "'allano. .,...,. latnq more ~,;C'....onl
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3o~9 oL Ih~ S:o.. Ih 0-..... wo".... c.:.m.... aj ~."d s.e.:.I;on 23 Ih.....ce "or Ih E!-8'49 ~~. ......,. .......q.
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'~e~(-!" S.....u-. u.---:-C-'~e: East. " ;:>sl...-.::... c' ,3~1.51 '....1'
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.~enc~ h-:-r'h 'J"?r~,. Easl. c d..,nnc. -01 ~7.'9 ,-.1:
.henu "'''''h O"2T~2. Eosl. a ",,(once -:.1 ~5no I......l:
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:henc. N","lh 04?~'!z" Ensl. a 0;-,(on~8 '" :E320 Int:
Ih....ce N"..,h 2ij~I'1cr E~3l. ~ cislCf'o:-o!l or 7B.201 I~:
:~ence i'loc1h C<}'3~''''''. Y1U1, 0 ::r-5tonc~ 01 12(1.1.9~ 1e~l:
I~.....ce "",,"1h ee'~~'05' Easl. 0 d..tanc. <:11 73,!!.n. ~"
:r......:e Norl" C'''02'OJ-. EosL '" a;sl""'C8 ot 38C-.3J '~-f1:
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Soo..lh CC'~S'07' ~L. a .j"I",",ce -:01 S<J7~1 I~el:
$oo.;lh 1,-49'~7. E::><-l. a d;5l:o<t:o at ~2.17 lo~t
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!h.anc~ Noc1h Rt!':>6'':t6. ....s.:!. '"""'I soid -sou~h I...~ <:1 1;sl.....c. 01 "~97.9~
~e~ ';;~~c~i;~.~~$.~'l:";;:;.~.g D<1'K.. O:c<><;I -..;Ln ano sub;.ct '''' """~ u..Lonq ....Mf1\4ll".
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TeD AI\'l\'"EXATION l\.-IAP
BEING /lHNOR SUBDIVISION ;-';0. 235, TRACT I 01' CER11FICATE 0.1' SCRVEY No. 1969, THE SOU1HEASl )NE-QCARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 23, DESCRIBED ON FILJ'I.11I5 PAGE 37+7,
THE SO'L'THWEST 0:c\E-QL'AR1ER OF THE saUTHE.-\ST ONE-QCARTER, THE SOUTHE.-\ST ONE QUARTER 0,1' THE SOUTHWEST ONE-QUARTER OF SECl'ION 23, BOTH DESCRIBED O~ t!LJ'I.1162 PAGE 677,
THE RL\L'\.INDER OF THE NORTHWEST 01'E-QUARTER OF THE SOUTHEAST ('NE--.JUARTER a,F SECl'ION 23 EXCEPTING THOSE L-\NDS EXCEPTED ON FlU! 162 PAG.e. 617,
Al'<D THE RElrIAI1'DER OF THE SOUTHWEST ONE-QL-\RTER OF THE NORTHEAST Ol"E-QUARTER OF SECnON 13 EXCEPTING THOSE LANDS EXCEPlED ON F-IUl1162 PAGE~77,
LOCATED IN SECTIOK 23, TOWNSHIP 2 SOl :TH R..;'>,NGE 5 EAST, PRINCIPAL J\IERlDIAi'l :\IONT&'IA, ,
GALLATl>l CCoU:"TY, MONTANA
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MON T ~A &BL[ roo "'IDA. liON <~c.
PO. BOX -E-:J7C
BOZEWiA!'.I. \liT 5S1nl-6-:l7G
D-OUGlAS &: SONJA CH ANDlER
32 01 SCOVE RY DR.
BOlE~ AN, ~ T 5971 B- 69 58
8RYAN &: MARGRET ROI3ERTUS
233 E:N TE'R?RI SE BLVD.
BOl D..! AN-, MT 59718-6062
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Sootheosl One-JuQl"Ier~ and th-e Southeast {)rn.e--Ouorlet" of the- South....esl One-Quortl!'l" of S8'Ction
2:3. bolll dies..crib ed Of! film 1 62 page 677. the Remainder 01 I he North-wesl Qne- Ouar let' or the
Sou th-easl Otl-e- )uor 1er of See tion 23 e)l cep-lill9 those l-an ds: excep led on film 1.fi 2 page 677. the
'emoind-er of 1h,~ SlJotlthwe-sl One-Quorler or the NorUlol!'ost One-O\.J-o,ter of Se-c:tion 23 e)(ceptjng
lllose lon-ds e:fc.~pted on fitm 162 pOI}e- 677, and llle con-C:'LJrref1\ common bO\.lnoor,; {eolignment
bee t we-.en 'roc t L Gf rook , 52 page 474 Plot and 'roc t 7 Film 80 page 2066, Town ship. 2 Soo th,
Range So [oQst, P,inci "'er,cliCln Monton-a. Gonotin CQl..lnly. UonlQno, and ~in9 more podk:ulorly
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8egln.n.inq 1Jt thl!' Sou;lll One-Quo"er Comer of soid Section 2.3 thence North 68.....9'22.. West, aloog
the :S.OlJ tll lin-e 00 F soid 5e<: lion 2 J a dist 00 ce Gf 1328_ 2.7 leet;
thence North 01"1'9'12" EQst, l]: distance 0.( 1.331,29 leel;
thence South- 8S"SO'S8" Eost, Q distonce Df 1331.51 reel;
th-ence Noolh or2B'2l:t Eosl. (] distonce or 5.35.89 feel;
th !nce N orlh 01"27' 4 j" [asl. 0 dislance of 79"7_ 1 9 feet;
th e".ce N orl h 0" 2. 7'''~'' East. 0 di st.ance 0 f 45. DO feet;
theflce South. 8t'5J'.:f8'" E-ast, 0 dislon.ce 01 5-62.82 fe-et:
tllence Nortll Q4'25"1~" Eost. .a drstonc-e or 23.2'0 feet;
lllen.ce Nortl':. 2-611'10" Eoslo 0 dislance of 78,28 ~eet;
lllen-ce North OO".3J"44" West a -distance or '203.91 feet;
lllen.ce SotJth 8ErJ.-t'{I5" Eost. 0 distance oj 7J8.75 feet;
lhen.ce North 01'02"0,3-" [ost, Q distllnce of .380..:n f.eet;
thel'\ce SOYth BBl4'26" [ast, a dislon.c.e: 1227.99 feet 10 1J- point the West Rlght-of-Wo)' of
South 19 A ...enuif:,
thence- .cIon g s:c-id wnt Right - of- Wo 'f thor.ou I}h. th e foil owin-9 C:O'Ut ses;
South 00"42'02" W.esl. -0 dlstOl'l.ce o-f 370.43 feet;
North 89"05'2'" We-sl, CI dislonce of 10. t9 ieet;
South 00".31'53'" West 0 d~st-o"'.ce 001 }33.49 feet;
Soo th OO~.34 '23" Wes t. a dis 1 an ce o-f 923.404 feel;
Soolh- 00.,31'06" Wes,," a dfstonce oj 77.2.3 teet;
Soolh- 00..34'47" Wes!, a distonce of 529,31 feet;
ScKJlll 00'35-'07" Wesl, a distance Df 507.31 feet;
Soolh- '2.49.47" Eos1. 0 distance 01 42.17 feet:
Soo tho 00"12'.3'" W.esl ~ 0 di stance 00 f 15.3_ 47 lut;
South. 00"03"0 r We:s! 0 d is t (mcl!!' of t 330. B7 fee t to 0 p oin l on t h-e sou tr. line of said Sedion 23;
t h-e1'I ce N ort h B8"58'o5" West, 01001'109 soid 'Sou th lin e 0 dis. once of 2597.95
leet to lh-e Point -o1-IBegFnl'Lirlg,
SaH; lroc l 0-1 for d b~n9 268..39 acres. -alon 9 wi t h .on cI sub jeet to .on,; e-xis t in I} easement s.
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ol,GRICIJliURE
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MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: November 27,2006
Re: HB (a portion of lCD/Meadow Creek) Annexation and ZMA (#A-05002A / #Z-05048A)
Please find attached the Annexation and ZMA Maps for the HB property. In addition, you will
find the Annexation Agreement, Waivers of Right to Protest SIDs (A) and Park Maintenance
District (B), easements, consent to annexation document, wetlands map, and master plan (C).
Andy Kerr has checked the maps for closure and they are acceptable. Bob Murray has reviewed
the easements and checked them for closure, and they are acceptable
I have also attached the annexation resolution and zoning map ordinance, as sent over to you
previously by emaiI.
Thank you. If you have any concerns or questions, please call 586-5266.
Conditions of Approval for Annexation:
1. The Annexation Agreement, which addresses all conditions placed on the annexation
application by the City Commission, shall be signed, notarized and returned to the City of
Bozeman Planning & Community Development Department within one year of a City
Commission decision to annex the property, or annexation approval shall be null and void.
The one-year deadline for the annexation is June 6, 2006. The annexation agreement was
initially submittal on June 6, 2006. Due to corrections, clarifications and other
requirements, the annexation was unable to be completed until now.
2. The applicant shall submit an annexation map, titled "JCD Annexation," with a legal
description of the property shall be submitted by the applicant for use with the Annexation
Agreement. The map must show the existing public utilities (water, sewer, roadways and
storm drainage), improvements on the property, adjacent developments (subdivision name,
block and lots), rights-of-way, and public easements within and adjacent to the property. The
map must be supplied on an: I) 18-inch by 24-inch mylar for City records; 2) a reduced 812-
inch x 11- or 14-inch exhibit for filing with the Annexation Agreement at the County Clerk
& Recorder; and 3) a digital copy for the City Engineer's Office. This map must be
acceptable to the Director of Public Services and City Engineer's Office, and shall be
submitted with the signed Annexation Agreement. The annexation map, mylar map, legal
description and digital copy were submitted.
3. The Annexation Agreement shall contain a section that the Landowner acknowledges and
agrees that usable water rights or cash-in-lieu, thereof must be provided to the City of
Bozeman per Policy #5 of Commission Resolution 3137 prior to final plat approval, final site
I 11111111111 111111111111111 111111' 1111111111111 1111 111I ~~~~~~:
Charlotte Mills-Gallatin Co MTMISC 245.00
..
plan approval, or the issuance of any building permit, whichever first occurs. The amount of
water rights or cash-in-lieu will be determined by the Director of Public Service at the time
of such development. Item #6 in the executed Annexation Agreement.
4. Applicant shall provide executed Waivers of Right to Protest Creation of SIDs for a park
maintenance district. The original executed document shall be returned to the City of
Bozeman Planning & Community Development Department with the signed and notarized
annexation agreement. Executed document is attached.
5. The Annexation shall include all of the adjacent rights-of-way of South 19th Avenue,
Blackwood Lane, Graf Road, and South 27th Avenue. The Final Annexation Map and legal
metes and bounds descriptions shall include the full width of all adjacent rights-of-way. Note
that the metes and bounds descriptions for adjacent legally defined rights-of-way must be
described separately from that of the parcel. The applicant is responsible for obtaining any
required affidavits or signatures from the Montana Department of Transportation (MDT)
and/or Gallatin County. Executed document is attached.
6. The Annexation Agreement shall contain a section that the Landowner acknowledges and
agrees that any contiguous parks, open space, and/or trails shall be extended to the annexed
property. Item #14 in the executed Annexation Agreement.
7. The Annexation Agreement shall contain a section that the Landowner acknowledges and
agrees to the donation of lands within the annexed areas to include up to two (2) acres for the
purposes of a fire station complex with the land subject to review and approval of the
Bozeman Fire Department. Item #18 in the executed Annexation Agreement. This property
has been deeded to the City by the adjacent property owner(s). Therefore, according to the
City Attorney's office, this item has been "discharged / "excused".
8. The Annexation Agreement shall contain a section that the Landowner acknowledges and
agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community
Plan, a diversity of housing types and (net) densities shall be provided. Item #15 in the
executed Annexation Agreement.
9. The Annexation Agreement shall contain a section that the Landowner acknowledges and
agrees that that future development will comply with the goals and policies of the Bozeman
2020 Community Plan, and having recognized the City's concern for implementation of
progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both
community and neighborhood design, a Master Plan of the land use patterns and types for
development of the property that addresses compatibility with, and sensitive to, the
immediate environment of the site and the adjacent neighborhoods relative to architectural
design, building mass and height, neighborhood identity, landscaping, historical character,
orientation of buildings, and visual integration shall be provided. Item #16 in the executed
Annexation Agreement.
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Charlotte Mills-Gallatin Co MTMISC 245.00
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10. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following: Executed document is
attached.
Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities
for the following streets:
a. South 19th Ave.
b. Graf Street.
c. South 27th Ave.
d. Blackwood Road.
e. Stucky Road.
f. Fowler Ave.
Signalization Im~rovements for the following intersections:
a. South 19 A ve./Kagy Blvd.
b. South 19th A ve./Stucky Road.
Trunk Sewer and Water mains to serve the property.
The documents filed shall specify that in the event an S.LD. is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
11. The owner shall provide public street and utility easements for South 19th Ave., Graf Street,
South 2ih Ave., and Blackwood Road. The easement shall be 60 feet wide from the section
line for South 19th, 90' for Graf and the portion of 2ih that is entirely within the annexation
boundary, and 45' for Blackwood and the portion of 2ih that is split by the western
boundary. The easement (right-oj-way) documents are attached.
12. The Annexation Agreement shall contain a section that the Landowner acknowledges and
agrees that at the time of connection to the City's water and sewer facilities, the landowners
shall pay all applicable water and sewer impact fees that are due. The land owners 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
therein. Item #9 in the executed Annexation Agreement.
Conditions of Approval for ZMA:
1. The applicant shall submit to the Planning Office a zone amendment map, titled "JCD Zone
Map Amendment," on: 1) a 24-inch x 36-inch mylar; 2) an 8~- inch by 11- or 14-inch paper
exhibit; and 3) a digital copy of the area to be rezoned. Said map shall contain the metes and
bounds legal description, description of the boundaries of each specific zoning designation,
total acreage of the property, acreage of each specific zoning designation, and adjoining
rights-of-way and/or street access easements, as certified by a licensed Montana surveyor and
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Charlotte Mills-Gallatin Co MTMISC 245.00
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acceptable to the Director of Public Service. The zoning map, mylar map, legal description
and digital copy were submitted.
2. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is completed and adopted by the City Commission. If the annexation is not
approved, the Zone Map Amendment application shall be void. The Resolution of
Annexation as been completed for adoption by the City Commission prior to adoption of
the ordinance for the Zone Map Amendment.
3. The property north of Graf Road shall be classified as "R-4" (Residential High Density
District), the property south of Graf Road shall be classified as "R-3" (Residential Medium
Density District), and up to two (2) acres for the purposes of a fire station complex with the
land subject to review and approval of the Bozeman Fire Department shall be classified as
"PLI" (Public Lands and Institutions). This is not intended to preclude the applicant from
applying for other residential zoning classifications at a later date. Shown as such on the
submitted zoning map. The land for the fire station complex will be zoned after the
property is subdivided and deeded to the City of Bozeman.
cc: Debbie Arkell, Director of Public Service
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Charlotte Mills-Gallatin Co MTMISC 245,00