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HomeMy WebLinkAbout10- Wenzel-Smiley Annexation Agreement t Thet City of Bozeman City Clerk P.O. Box 1230 2358882 Bozeman, MT 59771 -1230 Page: 1 of 14 04116!2010 04:05:58 PM Fee: $98.00 Charlotte Mills Gallatin County, MT 98. WEN III 1/111111 111111111111111 11111111 WENZEL SMILEY ANNEXATION ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 0 day of O(DhPJ1. 2009, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771 -0640, hereinafter referred to as "City and STEVE WENZEL and SUSAN SMILEY, 52 Stafford Avenue, Bozeman, Montana 59718, hereinafter referred to as "Landowner WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the WENZEL SMILEY ANNEXATION tract situated in Gallatin County, Montana, and more particularly described as follows: A Tract of land being Certificate of Survey 63 the plat shown on File 144 page 538, book of deeds, located in SE '4, Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, State of Montana. Said Tract of land being .4282± acres more or less along with and subject to any and all existing easements. WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and WHEREAS, the WENZEL SMILEY ANNEXATION is not within the corporate limits of the City or other municipality 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 WENZEL SMILEY 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 WHEREAS, M.C.A. Section 7 -2 -4610 provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and Wenzel Smiley Annexation Agreement 1 WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to supply reasonably adequate water and sewer service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the WENZEL SMILEY ANNEXATION will impact area streets, and that future improvements may require additional public street improvements for traffic circulation; 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 WENZEL- SMILEYANNEXATION; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service available to furnish water and wastewater collection, and provide traffic circulation for development near and within the WENZEL- SMILEYANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply, wastewater collection and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems by the City is necessary and of mutual advantage to the parties hereto. WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESETH: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the WENZEL-SMILEY ANNEXATION with the City on May 27, 2009. By execution of this Agreement, the City has manifested its intention to annex the Wenzel Smiley Annexation Agreement 2 WENZEL- SMILEY ANNEXATION 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 WENZEL SMILEY ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of the WENZEL SMILEY ANNEXATION tract to the City. 3. Services Provided The City will, upon annexation, make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the WENZEL- SMILEYANNEXATION, 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 WENZEL SMILEY 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 WENZEL SMILEY ANNEXATION to include, but not limited to, any impact fees, hook -up, connection, or development charges which have been or 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 WENZEL SMILEY 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 Wenzel Smiley Annexation Agreement 3 to or within the WENZEL SMILEY ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee may be used to acquire water rights or for improvements to the water system, which would create additional water, supply capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No. 5, Commission Resolution 3907, Adopted August 24, 2006 The Landowner understands and agrees that they must provide sufficient water rights in accordance g Y p g with the City's policy according to the following schedule: WENZEL SMILEY ANNEXATION, consisting of a total of .4282± acres, prior to annexation of said lands to the corporate limits of the City of Bozeman. The Landowner shall provide sufficient water rights or cash -in -lieu as calculated by the City Engineer in accordance with its policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City- approved development for the property at the time such calculation is made. 7. Comprehensive Water and Water Design Report Prior to future development of the property, the Landowner may be required to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. 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 infrastructure capacity is not available for full development, the report must identify necessary system improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. Wenzel Smiley Annexation Agreement 4 8. Future Development Limitations Landowner understands and agrees that substantial limitations for growth exist in the wastewater collection system for this property, which will need to be addressed in conjunction with development of the parcel. The future developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all city policies and guidelines that may be in effect at the time of development. Thus, Landowner understands and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any of the WENZEL SMILEY ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, and sewer and water capacity, are available to all or a portion of the WENZEL- SMILEY ANNEXATION. 9. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the WENZEL SMILEY ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. The master plan, if required, must depict the maximum sized retention /detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 10. Waiver of Right -to- Protest Special Improvement Districts Landowner has executed a Waiver of Right -to- Protest Creation of Special Improvement Districts for maintenance of any parks within the annexed area and /or of a City -wide Park Maintenance District, and Waivers of Right -to- Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair and equitable assessment of maintenance costs for such parks, is attached hereto as Exhibit "A and is hereby incorporated in and made a part of this Agreement. Landowner agrees that in the event an S.I.D. 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 Wenzel- Smiley Annexation Agreement 5 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. Utility Easements The Landowner understands and agrees that utility easements, a minimum of thirty (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 procedures, but in no event later than the filing of any final plat or site plan review or issuance of a building permit on the parcel(s). 12. Impact Fees Landowner hereby acknowledges that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and fire service requirements. At the time new structures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees, which are due. The Landowner and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by Chapter 3.24 of the Bozeman Municipal Code as amended. Landowner further understands and agrees that any improvements, either on- or off -site, necessary to provide connection of Annexation Tracts 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 defaults 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 the Landowner and Landowner /Developer 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 Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount 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. Wenzel- Smiley Annexation Agreement 6 13. Annexation of Adjacent Right -of -Way In order to comply with state law requirements regarding the annexation of adjacent right -of -ways, the Final Annexation Map and legal metes and bounds descriptions shall include the full width of the existing County Road easement for the Babcock Street right -of -way. Note that the metes and bounds descriptions for adjacent right -of -way must be described separately from that of each parcel. The Landowner is responsible for obtaining any required affidavits or signatures from Gallatin County for annexation of county right -of -way. 14. 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 with the WENZEL SMILEY ANNEXATION. The parties further agree that the City may file these documents at any time. 15. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 16. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in -house counsel including City Attorney. 17. 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. 18. 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. Wenzel Smiley Annexation Agreement 7 19. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 20. No Assignment It is expressly agreed that the Landowner and/or Landowner /Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 21. 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. 22. 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 Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDO ER .41141,...4161Ella C y: 'teve W STATE OF MONTANA :ss COUNTY OF GALLATIN On this f r day of je7em 2009, before me, a Notary Public for the State of Montana, personally appeared Steve Wenzel, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Wenzel Smiley Annexation Agreement 8 /0 1 0 glei4 C Z (Printed Name He C EL AT Notary Public for the State of Montana Residing at Mr SATE OF f My Commissio xpires: lil ii X0 /0 Y (Use 4 digits for expiration ye __,-/C By: Susan Smiley 7 STATE OF MONTANA :ss COUNTY OF GALLATIN On this P'' day of 444 2009, before me, a Notary Public for the State of Montana, personally appeared Susari Smiley, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t 41 P'. /z t C� (Printed Name H �Z N /NEtEL I` t Notary Public for the State of Montana L/ l Residing at r pi r y ST ATE(:) Fes;./ My Commissioi Expires:J .-p/ i (Use 4 digits for expiration y ar) Wenzel Smiley Annexation Agreement 9 CITY OF BOZEMAN cu i,L 44 By: CHRIS A. KUKULSKI, City Manager B 02. r., ATTEST* 'i Clerk of Ma 77. 1883 4� T ti0 STATE OF MN :ss COUNTY OF GALLATIN 2010 On this p99' day of "I rC..h 2'992, before me, a Notary Public for the state of Montana, personally appeared Chris Kukulski and Stacy Ulmgn, known to me to the persons described in and who executed the foregoing instrument as 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 official seal the day and year first above written. (SEAL) iTi'YYIA -�J Printe Name Here) vvv vAA K Is Notary Public for the State of Montana Residing at N o y 11R I11 L My Commission Expires: (Use 4 digits for expiration year) st AIMEE KISSEL j NOTL V NVk3 LIC FO R THE STATE OF IVIC>NTAMIA RLSIUINC+ A T dF jVI E3 C>ZEMAN, MC>NTl1N IViv CU M MISS I UN 6 XF' 113 ES 1 U U 1 Wenzel Smiley Annexation Agreement 10 e n EXHIBIT "A" WAIVER OF RIGHT -TO- PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY -WIDE PARK MAINTENANCE DISTRICT The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A Tract of land being Certificate of Survey 63 the plat shown on File 144 page 538, book of deeds, located in SE '4, Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, State of Montana. Said Tract of land being .4282± acres more or less along with and subject to any and all existing easements. 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 impact to City parks which will be caused by the development of the above described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed area and/or of a City -wide Park Maintenance District, which would 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 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. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the corporation, 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 2 day of c� f 0-� e v--- 2009. Wenzel Smiley Annexation Agreement 11 LANDO ER l ets B Ste a We el STATE OF MONTANA :ss COUNTY OF GALLATIN On this day of 1, 2009, before me, a Notary Public for the State of Montana, personally appeared Steve /Wenzel, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. A t.1 -2 (Printed Name H AlOre ?Eitel.. ;y z° 4.0 Notary Public for the State of Montana 4 Residing at m r P L O Commissior4'Expires: L7 J It 2..6.! 0 SI (Use 4 digits for expiration year) i// c f/'-' ------C—._____ By: Susan Smiley STATE OF MONTANA :ss COUNTY OF GALLATIN On this /'7" day of /,f her 2009, before me, a Notary Public for the State of Montana, personally appeared Susali Smiley, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _e 4 \.3,4 ,y (Printed Name H e ar') Cj� i H N6EL to F Notary Public for the State of Montana a' .J'� Residing at p i fi +aft SAP �.i 1 My Commissio (Expires: 3, 20)0 (Use 4 digits for expiration year) Wenzel- Smiley Annexation Agreement 12 1 WENZEL SMILEY RESIDENCE ZONE MAP AMENDMENT THREE TRACTS OF LAND SITUATED IN THE SE1 /4 SECTION 11, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA PARCEL A A parcel of land being a portion of the parcel shown on the plat in Book 144, Page 538, Records of Gallatin County, situated in the SE1 /4 Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, and being further described as follows: WEST BABCOCK STREET NOTES: Beginning at a point on the E -W mid section line of Section 11 which bears PARCEL A dimensions are derived from N89 a distance of 410.4 feet from the C1/4 corner of said Section; N89•15'E 89'15'00"E 85.00'-, the right -of -way acquisition recorded in thence along said mid section line N89 a distance of 85.0 feet; thence 410.4' (R 3I Deed of Doc. No. 2160457 and rotated to along the west line of the parcel shown on the plat in Book 144, Page 209, P.O.B. PARCEL A fi original tract of land as platted in Deed S00'08'00"W a distance of 32.50 feet; thence S89'14'40" a distance of 85.12 PARCELA M 0.064 ACRES ci Book 144, Page 538. feet to the east line of Tract VW -1 of C.O.S. No. 1227; thence along said east S89'14'40"W line N00'17'00'E a distance of 32.50 feet to the Point of Beginning. PARCEL B represents the remainder of 85.12' the original platted tract of land recorded in Said parcel contains 0.064 acres and is subject to any existing easements. P.O.B. If Deed Book 144, Page 538 Tess parcels A PARCELS '4, a9 C as described on this exhibit. PARCEL B 01 PARCEL C dimensions are based on A parcel of land being the remainder portion of the parcel shown on the plat C.O.S. No. 63. in Book 144, Page 538, Records of Gallatin County, situated in the SE1 /4 p p Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, and being further ri n 0 50 described as follows: 1 R -31 12� N o w Lc) B D N Beginning at the southwest corner of the aforementioned Parcel A; thence along PO 0 12 0.300 ACRES M 3 IN FEET r. the south line of said Parcel A N89'14'40 "E a distance of 85.12 feet to the N o Lo o west line of the parcel shown on the plat in Book 144, Page 209, Records of O (R -3I o p Gallatin County; thence along said west line S00'08'00"W a distance of 153.50 N. o0 feet; thence 589'14'57"W a distance of 85.52 feet; thence N00'17'00 "E a o o CERTIFICATE OF SURVEYOR ��1111gU�fbtj distance of 153.50 feet to the Point of Beginning. Z N I hereby certify that the dimensions, areas, easements, and Said parcel contains 0.300 acres and is subject to any existing easements. metes- and bounds description shown on this exhibit are based on recorded documents as filed with the Gallatin County Clerk Recorder. No field survey was conducted for PARCEL C the preparation of this exhibit. The 0.061 -acre parcel shown on C.O.S. No. 63 situated in the SE1 /4 Section N89'14'57 "E Dated this 9th day of July, 2009. 11 ,oT2S, R5E, P.M.M., Gallatin County, Montana and being further described as P.O.B 85.52' 3 °o Vii. ONTAN� PARCEL C `f' PARCEL C Beginning at the southwest corner of the aforementioned Parcel B; thence along 0.061 ACRES STEVEN the south line of said Parcel B N89'14'57 "E a distance of 85.52 feet to the RUDE west line of the parcel shown on the plat in Book 144, Page 209; thence along 89'15 85.60 said west line S00'08 00 W a distance of 31.00 feet to the north line of Tract 2 Steven Rude, PLS p No.15276LS -E. z.- VW -2 of C.O.S. No. 1227; thence along said north line S89'15'00 "W a distance C 12 Mt. Reg. No. 15276LS of 85.60 feet to the east line of Tract VW -1 of C.O.S. No. 1227; thence along sas. •90eNS.V said east line N00'17'00 E a distance of 31.00 feet to the Point of Beginning. B faN• t0 Said tract contains 0.061 acres and is subject to any existing easements. MORRISON 901 Technology BNd. DRAWN BY: JCH PROJECT N0. lv Bozeman MT 59718 WENZEL SMILEY RESIDENCE ZONE MAP AMENDMENT Sun�•yors CHK'D. BV: SMR 9089 1! MAIERLE INC. Phone: (406) 587 -0721 APPR. Bn BOZEMAN MONTANA �•�•B Fax: (406) 587 -1176 FIGURE NUMBER AnY DATE: 07/07/09 COPYRIGHT MORMON WIMP INC ..2 9 ZONE MAP AMENDMENT F Tr '2 N: \9089 \Wenzel- Smiley Annex Map\ANNEX.dwg Plotted by ton hockaday on JuU8 /2009 1 V J r WENZEL SMILEY RESIDENCE ANNEXATION o THREE TRACTS OF LAND SITUATED IN THE SE1 /4 SECTION 11, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA PARCEL A A parcel of land being a portion of the parcel shown on the plat in Book 144, Page 538, Records of Gallatin County, situated in the SE1 /4 Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, and being further described as follows: WEST BABCOCK STREET NOTES: Beginning at a point on the E —W mid section line of Section 11 which bears PARCEL A dimensions are derived from N89'15'E a distance of 410.4 feet from the C1/4 corner of said Section; N89'15'E .,,.N89'15 00 E 85.00 the right —of —way acquisition recorded in thence along said mid section line N89'15'E a distance of 85.0 feet; thence 410.4' Deed of Doc. No. 2160457 and rotated to along the west line of the parcel shown on the plat in Book 144, Page 209, P.O.B. o PARCEL A fit original tract of land as platted in Deed Ln S00'08'00 "W a distance of 32.50 feet; thence S89 a distance of 85.12 PARCELA M 0.064 ACRES M Book 144, Page 538. feet to the east line of Tract VW -1 of C.O.S. No. 1227; thence along said east S89'14'40"W line N00'17'00 "E a distance of 32.50 feet to the Point of Beginning. PARCEL B represents the remainder of 85.12' the original platted tract of land recorded in Said parcel contains 0.064 acres and is subject to any existing easements. P.O.B. O Deed Book 144, Page 538 less parcels A 2 PARCELS 0 9 C as described on this exhibit. PARCEL B \)`1 PARCEL C dimensions are based on A parcel of land being the remainder portion of the parcel shown on the plat in Book 144, Page 538, Records of Gallatin County, situated in the SE1 /4 p o Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, and being further ri ri 0 50 described as follows: \I N N 2 N o PARCEL B b cV h e I ne said Pa cel N89 of 14'40"E d sta 85.12 toetheong �RPO� 1 O 0.300 ACRES M 0 IN FEET west line of the parcel shown on the plat in Book 144, Page 209, Records of 00 o o Gallatin County; thence along said west line SO0'08'00"W a distance of 153.50 n co feet; thence S89'14'57"W a distance of 85.52 feet; thence N00'17'00 "E a o o CERTIFICATE OF SURVEYOR distance of 153.50 feet to the Point of Beginning. Z N I hereby certify that the dimensions, areas, easements, and Said parcel contains 0.300 acres and is subject to any existing easements. metes and bounds description shown on this exhibit are based on recorded documents as filed with the Gallatin County Clerk Recorder. No field survey was conducted for PARCEL C the preparation of this exhibit. The 0.061 —acre parcel shown on C.O.S. No. 63 situated in the SE1 /4 Section N89'14'57 'E �1111iU�f /n/ Dated this 9th day of July, 2009. 11, T2S, R5E, P.M.M., Gallatin County, Montana and being further described as 85.52' NT 4 follows: P.O.B. o PARCEL C o �1 4 1 PARCEL C r7 0 ACRES Beginning at the southwest corner of the aforementioned Parcel B; thence alon g STEVEN the south line of said Parcel B N89'14'57 E a distance of 85.52 feet to the RUDE west line of the parcel shown on the plat in Book 144, Page 209; thence along �89 15 00 W 85.60 N0. 5L7 o said west line SO0'08 00 W a distance of 31.00 feet to the north line of Tract J� 2 Steven Rude, PLS 1 O 6LS VW -2 of C.O.S. No. 1227; thence along said north line S89'15'00 "W a distance 0 Mt. Reg. No. 15276LS y am of 85.60 feet to the east line of Tract VW -1 of C.O.S. No. 1227; thence along 'Os tf' g t� said east line N00'17 00 E a distance of 31.00 feet to the Point of Beginning. 00' 'i' 44 A�QSt Said tract contains 0.061 acres and is subject to any existing easements. 411 MORR SO 901 Technology Blvd. DRAWN BY JCH PROJECT NO Bozeman MT 59718 WENZEL SMILEY RESIDENCE ANNEXATION wail SuneW,s CHK'D. BY SMR 9089 Atilli M AIERLE INC. Phone (406) 587 -0721 APPR. BY BOZEMAN MONTANA Fax (406) 587 -1176 FIGURE NUMBER An Emplya-Ow Company DATE: 07/09/09 COPYRIGHT O MORRI00N .MAIERIE, INO.. 20(19 ANNEXATION MAP FIG. 1 N:19089 \Wenzel Smiley Annex Map 6NNEX.dwg Plotted by ton hockaday on Jul /8/2009 j1 1