Loading...
HomeMy WebLinkAboutResolution 4063, Annexation of land lying south of Valley Center Road and west of North 27th Ave. Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 COMMISSION RESOLUTION NO. 4063 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN 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 CONTIGUOUS TRACT, WHEREAS, the City of Bozeman received a request for annexation from Jerald Swenson, owner of tracts of land, requesting the City Commission to extend the boundaries of the Cite of Bozeman so as to include certain contiguous tracts of land lying south of Valley Center Road and west of North 27"'Avenue in the County of Gallatin,State of Montana;and WHEREAS, Jerald Swenson, is the current landowner of record of properties described as Lot 2A of Corrected amended PIat of Lots 1 & 2 of Minor Subdivision No. 221E, located in the SWI/a of Section 26,Township 1 South, Range 5 East, P.M.M., Gallatin Count-, 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 September 18,2006;and WHEREAS, a public hearing on said annexation petition was duly noticed and held on September 18,2006;and WHEREAS, no members of the public spoke in regards to said annexation at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed;and WHEREAS, on September 18, 2006, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with terms of annexation specified in the staff report;and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and Gerald Swenson;and �uirr 1111111011111111111111111111111111111111111111111111 Pa Pagn� I of 20 z0 10/C912007 g3.1fiP Charlotte Mills-Gatlatir, Co MTMISC 140.00 WHEREAS, said contiguous tracts are described as Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, located in the S W'/4 of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin Count}', Montana;and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these contiguous tracts 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 LO the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include a C such 53.32 acres of land, to wit: CON N Lot 2A Ne A tract of land being Lot 2A of Minor Subdivision No. 221E, located in the SW1#4 Section 26, T1S, R5E, a P.M.M., Gallatin County, Montana,and being further described as follows: o Beginning at the southeast corner of said Lot 2A; thence along the southerly line of said Lot 2A through the following 8 courses: U) S89°44'31"W a distance of 860.05 feet, N58°20'10"W a distance of 667.91 feet, ° S89 042'06"W a distance of 34.32 feet, E N80°02'28"W a distance of 92.34 Feet, S89°55'51"W a distance of 91.39 feet, N691)1 1'33"W a distance of 102.36 feet, N58 031'39"W a distance of 279.10 feet, N53°51'10"W a distance of 38.74 feet and to a point on the southerly,line of Tract A of COS 165A; thence along said southerly line N88°49'45"E a distance of 114.99 feet to the southeast corner of said Tract A; ° thence northerly along the easterly boundary of said Tract A through the followng 3 courses: 2 N01'01'01"E a distance of 597.20 feet, V N89 147'51"E a distance of 308.08 feet, N00°16'15"W a distance of 388.53 feet,to a point on the south line of Westlake Road; thence easterly,along said south line N89°43'51"E a distance of 764.77 feet to a point on the southwesterly right-of-way, of East Valley Center Road; thence along said right-of-way,S53°3233"E a distance of 1217.35 feet to an intersection point with the westerly right-of-way line of N. 27th Avenue; thence along said westerly right-of-gray line S36°27'38"W a distance of 125.35 feet; thence along an arc to the left a distance of 267.56 feet, said arc 2 hating a radius of 430.00 feet and a central angle of 35°39'04'; thence S00°48'34"W a distance of 486.43 feet to the Point of Beginning. Said tract contains 53.77 acres, more or less, and is subject to any existing easements, whether of record or apparent on the ground. Westlake Road Right-of-Way A tract of land situated in Section 26, T1S, R5E, PALM., Gallatin County, Montana, and being further described as follows: a LO t' N n Beginning at the northeast corner of said Lot 2A thence; thence S89°43'51"W a distance of 764.77 feet to a a a point on the east line of Tract A, COS 165A; thence along said boundary N00°16'15"W a distance of 60.00 co N feet to a point on the north line of the Westlake Road counter road easement; thence easterly along said north (y m line N89°43'51"E a distance of 684.36 feet to a point on the southwesterly right-of-Nvay line of East Vallee f N Center Road; thence along said right-o dray S53°32'37"E a distance of 100.34 feet to the Point of Beginning. a a r Said tract contains 1.00 acre, more or less, and is subject to any existing easements, whether of record or apparent on the ground. � U ri E Section 2 E O The effective date of this annexation is September 4,2007. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated + September 4,2007,by and between the CirS,of Bozeman and Gerald Swenson, owner of said tracts of land. � o PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a s v regular session thereof held on the 4th day of September,2007. ��• I SS,Mayor BLS ATTE ST- CY,AT HIA DE 1 NFY Acting City .Clem APP AT ORM: PAUL,J. L City Atto ey 3 Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street CATTAIL NORTH ANNEXATION AGREEMENT ft\ THIS AGREEMENT is made and entered into this day of Sj-WA m L pr 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,and mailing address at P.O. Box 1230, Bozeman, Montana, 59771-1230, hereinafter referred to as "City," and Jerald Swenson, 6071 Jackrabbit Road,Belgrade,MT,59714,hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the"CATTAIL NORTH ANNEXATION,"situated in Gallatin County,Montana,and more particularly described as follows: A tract of land being Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, located in the SWV4 of Section 26, Township 1 South, Range 5 Lo a East, P.M.M., Gallatin County, Montana. N© WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; G. tea ® co and IN a o WHEREAS, the CATTAIL NORTH ANNEXATION is not within the corporate limits of the C City of Bozeman or other municipality but is contiguous to the City and may therefore be annexed to e �.e the City in accordance with the provisions of this Agreement and MCA Title 7,Chapter 2,Part 46;and WHEREAS,all parties recognize that the annexation of the CATTAIL NORTH ANNEXATION pursuant to Section 7-2-4601, et seq., MCA, will entitle the said property to City services, including a C municipal water and sewer service,upon their availability;and WHEREAS,MCA Section 7-2-4610 provides that a municipality and landowner can agree to y the provision of services to the area to be annexed;and V 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 G L 0 � � L -- U Cattail North Annexation Agreement: Page 1 of 16 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 CATTAIL NORTH ANNEXATION; and WHEREAS, all parties recognize that the development of the CATTAIL NORTH ANNEXATION will impact Valley Center Road,Davis Lane,North 271h Avenue and Catamount Street, and will require additional public street improvements;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 CATTAIL NORTH ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge;and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner,and in furtherance of the public health,safety,and welfare of the community to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agreements herein contained,the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. L 2. Annexation oCO3 w ° The Landowner filed an application for annexation of the CATTAIL NORTH ANNEXATION Ct] ' with the City on June 27,2006. By execution of this Agreement,the City has manifes ted its intention to 04 N a annex the subject property pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, fart 46, the City shall, upon execution of this Agreement, adopt a T Resolution of Annexation of the CATTAIL NORTH ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to aid and assist - E 0 the City in carrying out the germs, conditions, and provisions of this Agreement and effectuate the �IIr U annexation of the CATTAIL NORTH ANNEXATION tracts to the City. � R U 1 AM �S O - L Cattail North Annexation Agreement: Page 2 of 16 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 CATTAIL NORTH 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 CATTAIL NORTH 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 CATTAIL NORTH ANNEXATION to include,but not limited to,any impact fees,hook-up,connection,or development charges which may be established by the City. Upon annexation and availability of services,any existing residences or businesses on the subject property must be connected to City water and sewer utilities. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to a_ domestic water piping. r 5. Municipal Sewer Service Defined C4 0 The term "municipal sewer service" as is used in this agreement shall be the service which is co supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be g amended,as well as any other terms and conditions which apply to the City's provision of this service. e The ten-n 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 CATTAIL NORTH ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,engineering,construction, E and other costs for the collection of sewage services to or within the CATTAIL NORTH ANNEXATION to include but not lirr�ited to an impact fees hookup, or development charges which may y p p, a be established by the City.Upon annexation and availability of services,any existing residences or N businesses on the subject property must be connected to City water and sewer utilities. The y existing on-site treatment systems must be properly abandoned and certification provided o L indicating that the abandonment has occurred. U 6. Water Rights The parties acknowledge the following City policy: Cattail North Annexation Agreement: Page 3 of 16 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 CATTAIL NORTH ANNEXATION consists of approximately 53.32 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: CATTAIL NORTH ANNEXATION, consisting of a total of 53.32 acres, shall provide water rights or cash-in-lieu prior to final subdivision plat approval,final site plan approval,or issuance of building permits,whichever comes first. The Landowner shall provide sufficient cash-in-lieu as calculated by the Director of Public Service in accordance with its policy at the time of calculation.The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. ft#N a 7. Comprehensive Water and Sewer Design Resort co The applicant is advised that substantial limitations for growth exist in the wastewater collection N m o system for this property,which will need to be addressed in conjunction with development of the parcel. 04 CL ar 0 Prior to development of the subject annexation, the applicant's engineer will be required to r prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post E development demands. The report findings must demonstrate that adequate capacity is available to .� u serve full development of the annexation area. � C If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any � N improvements necessary to serve the full development must be in place prior to further development of m i the site. 0 s 8. Future Development and/or Subdivision U Landowner understands and agrees that there is no right,either granted or implied by the City, for the Landowner to develop any of the CATTAIL NORTH ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are Cattail North Annexation Agreement: Page 4 of 16 available to all or a portion of the CATTAIL NORTH ANNEXATION. The Landowner is hereby on notice of the following requirements upon further development or subdivision of the CATTAIL NORTH ANNEXATION: a) Prior to future development,the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. 9. Existing Non-Conforming Uses The Landowner understands and agrees that whenever a lawful nonconforming use of a building, structure, or land is discontinued for a period of 90 days, any future use of the building, structure, or land shall be in conformity with the provisions of this title. r 10. Impact Fees C Landowner(s) hereby acknowledge that annexation and development of their property will CQ a,� impact the City's existing street,water,and sewer infrastructure,and fire service capacities.At the time � ma Nall ° of annexation,the landowners shall pay all street and fire impact fees that are attributable for the existing residence unless the structure is removed. At the time of connection to the City's water and sewer r r � I facilities, the landowners shall pay all applicable water and sewer impact fees.The applicants should be € � U i made aware that at the time of any further development on the properties, the land owners and their successors shall pay all additional impact fees required by Chapter 3.24,Bozeman Municipal Code. Ed= U 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 �^ o have the right and privilege to take legal action against Landowner for the collection of ssuch 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 Cattail North Annexation Agreement: Page 5 of 16 specified amounts,or prohibiting any such payment,landowner will pay such fees as specified above,in the amounts calculated for all such fees based upon the rates established at the date of this agreement. 11. Stormwater Master Plan Landowner understands and agrees that prior to development of the CATTAIL NORTH ANNEXATION,a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details,and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage waS s within the annexation area to transport treated runoff to the stormwater receiving channel. 12. Traffic Analysis Report If required by the Engineering Department, the landowner shall provide a detailed Traffic Impact Analysis Report(s) prior to future development of any portion of the annexed property. 13. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed,at the Gallatin County Clerk&Recorder's Office,a Waiver of Right- kG co to-Protest Creation of Special Improvement Districts for street improvements, including but not %_4 °0 limited to the following improvements:paving,curb/gutter,sidewalk,storm drainage facilities for Co M N [y W E� Valley Center Road, Davis Lane and North 27`''Avenue; signalization of the intersections of Valley Center Road and Davis Lane,Valley Center Road and North 27`t'Avenue, Davis Lane and Catamount Street,and North 27`''Avenue and Catamount Street;and trunk sewer and water main to serve the property. Further, the landowner has executed, at the Gallatin County Clerk Ln Recorder's Office,a Waiver of Right-to-Protest Creation of Special Improvements Districts for a City- wide Park Maintenance District,which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement, Said Waivers are attached hereto as Exhibits A and B. The filed documents specify that' the event an SID is not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method for the completion Q of said improvements on a fair share,proportionate basis as determined by square footage of property, U taxable valuation of the property,traffic contribution from the development,or a combination thereof. Cattail North Annexation Agreement: Page 6 of 16 14. Parks, Open Space,and Trails The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community flan,any contiguous parks,open space,and/or trails shall be extended to the annexed property,and a master plan of said parks,open space and trails shall be provided with the signed annexation agreement. 15. Master Plan The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for MC implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Tian 0 for both community and neighborhood design, a Master Plan of the land use patterns and types For ICO— development of the property that addresses compatibility with and sensitivity to the immediate mo a o environment of the site and the adjacent neighborhoods relative to architectural design,building mass �. 7! and height,neighborhood identity,landscaping,historical character,orientation of buildings,and visual integration shall be provided with the signed annexation agreement. Special attention to the provision � U of adequate buffering, between the subject property and the residential uses to the west, will be of utmost importance. 16. Right-of-Way Easement for Future Roadwa ss Landowner has dedicated, by written easement, the following land to the City of Bozeman, N which represents the Landowner's proportionate share of the necessary right-of-way: a) Public street and utility easements shall be provided for Valley Center Road in the amount necessary to provide for a total width of 120 feet,and for North 2711,Avenue of v 45 feet from the centerline of North 271h Avenue. Said easements will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. 17. Utility Easements Landowner understands and agrees that utility easements,a minimum of 30 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. Cattail North Annexation Agreement: Page 7 of 16 18. Wetlands Landowner understands and agrees that a detailed wetlands map and summary report shall be submitted for the subject propertywith the signed annexation agreement. The map must be depicted on an 18-inch x 24-inch paper copy and a compact disk in accordance with Section 18.56.050 "Wetlands Mapping." 19. Cultural Resources The Landowner acknowledges and agrees that a cultural resource inventory or a letter from the State Historic Preservation Office indicating a cultural resource inventory is not necessary shall be submitted to the City Planning Department Nvith the signed Annexation Agreement. 20. 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 CATTAIL NORTH ANNEXATION. The parties further agree that the City may File these documents at any time. 21. Governing Law and Venue M ©n This Agreement shall be construed under and governed by the laws of the state of Montana.In 4 . d the event of litigation concerning this Agreement,venue is in the Eighteenth judicial District Court, N m0 IN a ° Gallatin County, State of Montana. 0 22. 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 0 �r Attorney. 23. Waiver " No waiver by either party of any breach of any term,covenant,or agreement shall be deemed a m waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. ° No covenant,term or agreement shall be deemed waived by either party unless waived in writing. 24. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 1 Cattail North Annexation Agreement: Page 8 of 16 25. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 26. No Assignment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part -without prior written consent of the City. 27. Successors This Agreement shall be binding upon,inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. 28. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowners affirms that they have authority to enter into this Agreement on behalf of their partnership,and to bind the partnership to this Agreement. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and year first above written. @T N(9 - 0 o P- Co N m[7 Nro @ a r a � c3 � o �r r s 0 � U � y � R i ro U I � N .1 .N 0 r- V U Cattail North Annexation Agreement: Page 9 of 16 LANDOWNER Ei-' J ald Swenson STATE OF ss. County of� v ) On this _,_- day of L ,2007,before me,a Notary Public for the State of Montana, personally appeared]erI ld Swenson, known to me to the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Print Name Here} Notary Public or the State of Montana (Seal) Residing at Al My Commission Expires: f `z�. 4s (Use d digits for expiration y=ear) 4 O h! � Q f+ O r�[O 0 co N N �a �1 �* mom l a 0 s �r o c Zn 0 � U c i � L �_ U Cattail North?�nnexation agreement: Page 10 of 16 CITY OF BOZEMAN r Chris A. Kukulski City Manager .y4tlia]7e nest ' c n Ci `Cierli• STATE OF MONTANA } ss. County of Gallatin On this 1 r'� day of '2007,before me,a Notary Public for the state of Montana,personally appeared Chris A. Kulkulski and Cynthia Delaney,known to me to the persons described in and who executed the foregoing instrument as City Manager and 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 hand and affixed my Notarial Seal the day and year first above wr 0e�����i�a��l�gar pp {7 {3i � f �Whef is (r 1�"t� ame Here) ' • otary Public for the State of Montana LQ r W+ (Seal] Residing at N * , �" �A,�g' • �r L My Commission Expires: } ¢ •• ■ +� �.€l.a .' (U 4 digits for expira n year) NN cy �f�fj '+47Ft11R�a'�� 0 tl1 �� 00 ca a U N E Q r � c� r - r � m r� p _ L r � U Cattail North Annexation Agreement: Page 11 of 16 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS CATTAIL NORTH ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, located in the SW'/4 of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,the receipt of which is hereby acknowledged,and in recognition of the impacts to Valley Center Road, Davis Lane,North 27`h Avenue and Catamount Street,which will be caused by the a M N o development of the above-described property,the owner has waived and do hereby waive for itself,its O R 6 �r N successors and assigns, the right to protest the creation of one or more special improvement districts m v a a including but not limited to the following improvements: paving, curb/gutter, sidewalk, storm drainage facilities for Valley Center Road,Davis Lane and North 27'''Avenue;signalization of in the intersections of Valley Center Road and Davis Lane, Valley Centex Road and North 27`'' Avenue,Davis Lane and Catamount Street, and North 27``'Avenue and Catamount Street;and C H trunk sewer and water main to serve the property,or to snake 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. o Further,in recognition of the impacts to the City's wastewater collection system,which will L U be caused by the development of the above-described property,the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts including but not limited to the following improvements: trunk sewer and } Cattail North Annexation Agreement: Page 12 of 16 water main improvements to serve the subject property,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. In the event an STD 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. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership,provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to,and be binding upon the successors-in-interest and assigns of the parties hereto. DATED thi. - day of , 2007. L �y +y ro o M a o� CO-N m Na° 0 a �r ti 0 �� cs c� i � w � m o r�r L Cattail North Annexation Agreement: Page 13 of 16 LANDOWNER jrald Swenson STATE OF ss. County of �, ) On this — day of a.e¢ ,2007,before me,a Notary Public for the State of Montana,personally appeared JeAd Swenson, known to me to the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first_above written. / (Print Name Here) Notary Public or the State of Montana (Seal) Residing a ! My Commission Expires: ` y. (Use 4 digits for expiration year) r. a La N Q o n ono co- !q N v o a 0 � s 0 v 0 rw � R 0 Cattail North:annexation Agreement: Page 14 of 16 U EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS CATTAIL NORTH ANNEXATION The undersigned owners of the real property situated in the County-of Gallatin,State of Montana, and more particularly described as follows: A tract of land being Lot 2A of Corrected Amended PIat of Lots 1 & 2 of Minor Subdivision No. 221E, located in the SW A of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman,along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City.residents,the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks L Maintenance District,or to make any written protest against the size or area or creation of the district N 0 to be assessed in response to a duly passed resolution of intention to create one or more special parks co T Nb maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the City-wide park maintenance,the agree to participate in an alternate financing method for completion of LO said improvements on a fair share,proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. �� ro ~ 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 4 L successors-in-interest and assigns of the parties hereto. Cattail North Annexation Agreement: Page 15 of 16 DATED this_day of O ,2007. LANDOWNER e S J rald Swenson STATE OF } ss. County of.-) On this(L--�l day of �e ,2007,before me,a Notary Public for the State of Montana, personally appeared Jeri d Swenson, known to me to the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ' eLACnyVrint Name Here) Notary Public for the State of Montana r'. (Seal) Residing a My Commission Expires: 7 (Use 4 digits for expiration year) t a Lo co o n co0 N rn N G1 0 Y �` O1� i m F � C3 0 V H O � ro � N H Cattail North Annexation Agreement: Page 16 of 16 �� ro t U CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning @bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net September 17, 2007 NOTICE OF IMPACT FEES PAID WITH ANNE-,X7ATION To All Interested Parties: In accordance with the annexation agreement for the Cattail North Annexation, impact fees were paid for the existing barn structure at the time of annexation. Only fire impact fees have been paid, no street, water, or sewer impact fees have been received. In accordance with Chapter 3.24 BMC and the annexation agreement impact fees will be charged at the time of reuse or development/redevelopment of the property. Sincerely, Chris Saunders Assistant Director c: file L 0. 0 T C N M 0-0 Or, CO CN N Gl © 81+ IN @ � o � s err � N E a � U �A _y U � O � N L U planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination