HomeMy WebLinkAboutCommission Approval of the 8th Elementary School Annexation
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Commission Approval of the 8th Elementary School Annexation
Agreement
MEETING DATE: July 23, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Review the draft final annexation agreement, consider public comment
and the information presented, and approve the 8th Elementary School Annexation Agreement
and authorize City Staff and the School District to prepare the final annexation documents and
for the parties to execute the documents.
RECOMMENDED MOTION: Having reviewed the Draft Final Annexation Agreement,
considered public comment, and considered all of the information presented, I hereby
move to approve the 8th ELEMENTARY SCHOOL ANNEXATION AGREEMENT and
authorize City Staff and the School District to prepare the final annexation documents and
for the parties to execute the documents.
BACKGROUND: On June 4, 2012, the City Commission approved the 8th Elementary School
School Annexation. Term #6 of that annexation approval stated: “These recommended terms of
annexation shall be presented to the City Commission who will review and potentially amend or
add to said terms. If authorized by the City Commission, City Staff and the School District will
negotiate the final Annexation Agreement to be presented for consideration at a City
Commission meeting. The final Annexation Agreement, as approved by the City Commission,
shall be executed and returned to the City within 60 days of distribution to the applicant, unless
another time period is specifically identified by the City Commission, or annexation approval
shall be null and void.” The School District and City Staff from the Legal, Public
Services/Engineering and Planning Departments have worked out the language of the annexation
agreement per all of the terms of annexation included in the preliminary approval granted by the
City Commission on June 4, 2012. Therefore, the Annexation Agreement is now back before the
City Commission for final approval per term of annexation #6 as required above.
As presented and evaluated at the June 4 Commission meeting, the “Improvements Phasing
Plan” is the key element within the agreement in regards to the construction of needed
infrastructure to serve the school property as it develops and this plan is attached and referenced
within the agreement.
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One of the key points of discussion by the City Commission at the June 4, 2012 meeting was the
City’s future review of a Middle School on the subject property (i.e. identified as Phase 2
development). This issue is addressed under Section 8 “Future Development
Limitations/Consultation” on page 7 of the agreement. Specifically, the language states that “The
Landowner agrees that as part of future design and/or deliberations regarding development of
Phase 2, including the construction of a Middle School, the Landowner shall consult with the
City early in the planning stages and shall complete an informal review process including City
Commission review. The purpose of the informal review process is to ascertain the City’s input
on service or design issues related to any development of Phase 2. Following this informal
review process, a Preliminary Site Plan application shall be submitted and be the subject of a
public hearing at a City Commission meeting in which any exemptions being requested can be
noticed as required by State Statute and the Bozeman Municipal Code.” Essentially, this term of
annexation will require that an early consultation/review process with the City is conducted and a
formal site plan is submitted and public hearing process for any future exemptions are conducted
(essentially, the same as has been conducted as part of the Site Plan for the elementary school
exemptions). City Staff and the School District have also been in discussions regarding
formalizing a memorandum of understanding or interlocal agreement between the parties to spell
out how future reviews and consultation on all school construction issues will be handled in the
future.
UNRESOLVED ISSUES: As identified by the City Commission.
ALTERNATIVES: 1) The City Commission can decide to modify or add to the
Annexation Agreement.
2) The City Commission could decide to not annex the property.
FISCAL EFFECTS: Annexing the property will enable future development with connection to
City sewer and water services and service by the public services (police, fire, streets, etc.) of the
City. Impact fees, water rights and other related fees as indentified in the terms of annexation
will have to be paid as part of development of the property. The City will accrue additional costs
to service the property with municipal services.
Attachments: Draft Annexation Agreement
Report compiled on: July 16, 2012
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8TH Elementary School Annexation Agreement 1
Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
8th ELEMENTARY SCHOOL
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ______ day of __________________, 2012, by and
between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State
of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as
"City", and Bozeman School District No. 7, 404 W. Main Street, Bozeman, Montana 59715, hereinafter referred
to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the
8TH ELEMENTARY SCHOOL ANNEXATION situated in Gallatin County, Montana, and more particularly
described as follows:
Future COS, Part of Tr. 2, COS 2554, in SW ¼, Sec. 3, T2S, R5E, PMM, Gallatin
County, Montana. (Insert new COS # when finalized) Said Tract of land being 42.93±
acres more or less along with and subject to any and all existing easements.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and
WHEREAS, the 8TH ELEMENTARY SCHOOL 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 Title 7, Chapter 2, Part 46, MCA; and
WHEREAS, all parties recognize the annexation of the 8th ELEMENTARY SCHOOL ANNEXATION
pursuant to Section 7-2-4601, et seq., MCA will allow the 8TH ELEMENTARY SCHOOL ANNEXATION to
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8TH Elementary School Annexation Agreement 2
connect to and utilize City services, including municipal water and sewer service, fire service, and the City’s
street system; and
WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner can agree to the
provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the 8TH ELEMENTARY SCHOOL
ANNEXATION will impact area streets, fire, and other services, and that future improvements may require
additional public street improvements for traffic circulation, the provisions of fire services and other City
provided services; and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable
water supply and sewer supply or service, and provide traffic circulation and fire service for development of the
8TH ELEMENTARY SCHOOL ANNEXATION; and
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.
W I T N E S E T H:
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 8TH ELEMENTARY SCHOOL
ANNEXATION with the City on April 3, 2012. By execution of this Agreement, the City manifests its intent to
annex the 8th ELEMENTARY SCHOOL ANNEXATION tract pursuant to the terms and conditions of this
Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, MCA the City shall, upon execution of this
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8TH Elementary School Annexation Agreement 3
Agreement, adopt a Resolution of Annexation of the 8TH ELEMENTARY SCHOOL ANNEXATION. Further,
upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all
things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this
Agreement and to effect the annexation of the 8TH ELEMENTARY SCHOOL ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the 8TH ELEMENTARY SCHOOL ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement. As part of the 8th
ELEMENTARY SCHOOL ANNEXATION, the Landowner agrees to complete improvements as outlined in a
letter from their agent TD & H Engineering dated April 30, 2012 and the accompanying “Improvements
Phasing Plan” both attached as Exhibit “A” and which are hereby incorporated into and made a part of this
Agreement. Except as provided herein below, Phase 1 improvements shall be completed by the Landowner and
approved and accepted by the City prior to occupancy of the Elementary School and Phase 2 improvements
shall be completed by the Landowner and approved and accepted by the City prior to occupancy of the Middle
School or any other structure on property identified as Phase 2.
Specifically, the Landowner agrees:
a. The north half of Durston Road shall be improved to match the typical section used to construct the
south half. This shall include the entire frontage of the 8th ELEMENTARY SCHOOL ANNEXATION
including tapers meeting AASHTO standards as necessary to transition to existing asphalt on the east
end of the 8TH ELEMENTARY SCHOOL ANNEXATION and prior to occupancy as described above
as identified in attached Exhibit “A”.
b. Flanders Mill Road shall be improved to a City local street standard along the entire frontage of the 8TH
ELEMENTARY SCHOOL ANNEXATION as identified in attached Exhibit “A” and shall be centered
on an alignment approved by the City Engineer. Improvements shall include curb and gutter on both
sides of Flanders Mill Road, full width of asphalt, and sidewalk on the west side only. These
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8TH Elementary School Annexation Agreement 4
improvements shall be completed with Phase 1 from Durston Road to the northern line of Phase 1. The
improvements to Flanders Mill Road associated with Phase 2 shall be completed prior to occupancy or
use of any buildings other than accessory structure(s) on Phase 2. These Phase 2 improvements shall be
completed from the northern end of Phase 1 to the northern property line of the 8TH ELEMENTARY
SCHOOL ANNEXATION.
c. The east half of Cottonwood Road including any required utility extensions shall be constructed along
the frontage of the 8TH ELEMENTARY SCHOOL ANNEXATION as identified in attached Exhibit
“A”. The typical section shall match the existing western half and shall be completed to a City arterial
standard. All improvements to Cottonwood Road shall be completed in their entirety with Phase 2
development of the 8TH ELEMENTARY SCHOOL ANNEXATION.
d. Annie Street shall be improved to match the typical section previously constructed to the east and west
of the 8TH ELEMENTARY SCHOOL ANNEXATION. The improvements shall include curb and gutter
on both sides of Annie Street, full width of asphalt, and sidewalk on the south side only. All
improvements to Annie Street shall be completed in their entirety with Phase 2 development of the 8th
ELEMENTARY SCHOOL ANNEXATION.
e. An all weather path on the north side of Durston Road between Flanders Mill Road and Ferguson Road
shall be completed to City standards with Phase 1 development of the 8TH ELEMENTARY SCHOOL
ANNEXATION as identified in attached Exhibit “A”.
f. Building and occupancy permits may be issued prior to completion of all off-site improvements
provided the improvements are subject to an approved improvements agreement and are financially
guaranteed, and Landowner has secured an executed contract for such improvements.
g. Building and occupancy permits may be issued prior to completion of all on-site improvements,
including the elementary school building, provided the Landowner has secured an approved occupancy
phasing plan from the building official.
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8TH Elementary School Annexation Agreement 5
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 40, Article 2, Bozeman Municipal Code, as amended, as well as any other
terms and conditions which apply to the City's provision of municipal water service but does not include the
extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and
within the 8TH ELEMENTARY SCHOOL 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 8TH ELEMENTARY SCHOOL 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 40, Article 3, Bozeman Municipal Code, as amended, as well as any
other terms and conditions which apply to the City's provision of this service but does not include the extension
of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within
the 8TH ELEMENTARY SCHOOL 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 8TH ELEMENTARY SCHOOL 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 Landowner specifically recognizes and agrees that cash in-lieu of water rights shall be provided
for Phase 1 prior to building permit issuance of any structures in accordance with Section 38.23.180,
BMC. The Landowner specifically recognizes and agrees that provisions for water rights or cash in-
lieu of water rights for Phase 2 shall be provided upon further development or subdivision of the
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8TH Elementary School Annexation Agreement 6
property in accordance with Section 38.23.180, BMC. The City may, in its sole discretion, determine
whether to accept water rights submitted by the Landowner or require a cash-in-lieu payment.
7. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require the Landowner 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 the proposed
development, the report must identify necessary water or wastewater system improvements necessary for the
proposed development. If improvements to this water or wastewater system are necessary, the Landowner
agrees prior to development of the 8TH ELEMENTARY SCHOOL ANNEXATION to complete, at
Landowner’s expense, the necessary system improvements to serve the proposed development.
8.
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the 8TH ELEMENTARY SCHOOL ANNEXATION in accordance with the City’s Infrastructure
Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future
development. Thus, Landowner understands and agrees that there is no right, either express or implied, for the
Landowner to further develop any of the 8th ELEMENTARY SCHOOL ANNEXATION until it is verified by
the City that the necessary municipal services, including but not limited to police and fire protection, streets, and
sewer and water capacity, are available to all or the portion of the 8TH ELEMENTARY SCHOOL
ANNEXATION being developed. Notice is thus provided to the Landowner that prior to additional
development of the 8TH ELEMENTARY SCHOOL ANNEXATION, the Landowner will be solely
responsible for installing, at Landowner’s sole expense, any facilities or infrastructure , whether onsite
or offsite, required to provide full municipal services to the 8TH ELEMENTARY SCHOOL
Future Development Limitations/Consultation
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8TH Elementary School Annexation Agreement 7
ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth
Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect
at the time of development or as identified in the referenced “Improvements Phasing Plan” attached as
Exhibit “A” and incorporated by reference in Section 3 of this Agreement.
The Landowner agrees that as part of future design and/or deliberations regarding development of Phase
2, including the construction of a Middle School, the Landowner shall consult with the City early in the planning
stages and shall complete an informal review process including City Commission review. The purpose of the
informal review process is to ascertain the City’s input on service or design issues related to any development of
Phase 2. Following this informal review process, a Preliminary Site Plan application shall be submitted and be
the subject of a public hearing at a City Commission meeting in which any exemptions being requested can be
noticed as required by State Statute and the Bozeman Municipal Code.
The Landowner also acknowledges that only a portion of this property was included in the Valley West
Trunk Sewer service area. The total average daily flow for sewer service allocated to the 8TH ELEMENTARY
SCHOOL ANNEXATION is 26,142 gallons per day (gpd). Future development of the 8TH ELEMENTARY
SCHOOL ANNEXATION shall be limited to this discharge until such time as a new trunk sewer main to serve
the 8TH ELEMENTARY SCHOOL ANNEXATION is installed as shown in the City’s Wastewater Facility
Plan.
9.
Landowner understands and agrees a Stormwater Master Plan for the 8th ELEMENTARY SCHOOL
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from
the public streets and/or the property may be required to be provided to and approved by the City Engineer at the
time of any future development. Such 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 Master Plan
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8TH Elementary School Annexation Agreement 8
stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater
maintenance plan.
10.
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park
Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and equitable
assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit “B” and is hereby
incorporated in and made a part of this Agreement.
Waiver of Right-to-Protest Special Improvement Districts
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for: 1) street improvements including paving, curb and gutter, sidewalk and stormwater drainage
facilities for Durston Road, Cottonwood Road and Flanders Mill Road; 2) signalization improvements for the
following intersections: a) Durston Road/Cottonwood Road, b) Durston Road/Ferguson Avenue and c) Baxter
Lane/Cottonwood Road; and 3) trunk sewer and water mains necessary to serve the 8TH ELEMENATARY
SCHOOL ANNEXATION. The Landowner agrees such an SID will provide a mechanism for the fair and
equitable assessment of construction and maintenance costs for such improvements. The waiver is attached
hereto as Exhibit “C” and is hereby incorporated in and made a part of this Agreement.
C. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall participate in an alternative
financing method for the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
11. Public Street and Utility Easements
The Landowner understands and agrees that public street and utility easements shall be provided for
Durston Road, Cottonwood Road, Flanders Mill Road, and Annie Street. The easements shall be 50 feet wide
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8TH Elementary School Annexation Agreement 9
from the centerline for Durston Road, 60 feet wide from the centerline for Cottonwood Road, 30 feet wide from
centerline for Flanders Mill Road, and a total width of 74 feet for Annie Street. The Landowner, at its sole
expense, has created such easements in a location and form agreeable to the City and the easements will be filed
at the Gallatin County Clerk and Recorder’s Office.
12.
Landowner acknowledges that annexation and development of their property will impact the City’s
existing street, water and sewer infrastructure, and the City’s fire service. The landowner and their
successors shall pay all fire, street, water and sewer impact fees at the time of connection or creation of
impact to the applicable system(s); and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
Impact Fees
The amount of impact fee to be paid for connection to the city’s water and sewer services, if
any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect
at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if
any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect
at the time an application for development approval is deemed sufficient for review.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the 8th ELEMENARY SCHOOL ANNEXATION to municipal
services and which are wholly attributable to the 8th ELEMENTARY SCHOOL ANNEXATION as
determined exclusively by the City a re considered “project related improvements” as defined in
Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible
for impact fee credits.
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8TH Elementary School Annexation Agreement 10
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 of such default, City may its 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 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.
13. Valley West Sewer, Water and Street Paybacks/Payback Districts
Landowner acknowledges that a portion of this 8TH ELEMENATARY SCHOOL ANNEXATION is
located within the Valley West Sewer, Water and Street Payback boundaries. As such, the Landowner shall
make the required paybacks prior to the City’s execution of this Agreement. The payback rates are as follows:
Sewer: $1,482.47/gross acre
Water: $1,278.29/gross acre
Street: $2,900.04/gross acre
Landowner may petition the City of Bozeman for creation of additional payback districts for qualifying
infrastructure proposed or required of this annexation.
14. Annual Street and Tree Maintenance Assessments
Landowner acknowledges this 8TH ELEMENTARY SCHOOL ANNEXATION will be subject to
annual City street and tree maintenance assessments.
15. Additional Terms
The parties recognize this Agreement and all attachments shall be filed and of record with the Gallatin
County Clerk and Recorder prior to the commencement of construction on any land within the 8TH
ELEMENTARY SCHOOL ANNEXATION. The parties further agree that the City may record these
documents at any time.
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8TH Elementary School Annexation Agreement 11
16. 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.
17.
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.
Attorney’s Fees
18. 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.
19. 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.
20. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed
by the parties hereto.
21. 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.
22. Successors
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8TH Elementary School Annexation Agreement 12
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 and specifically to any subsequent purchaser of the annexed
property.
23. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the 8TH ELEMENTARY SCHOOL
ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon
transfer of ownership of all or any portion of the 8TH ELEMENTARY SCHOOL ANNEXATION.
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.
LANDOWNER
______________________________________________
______________ for Bozeman School District No. 7
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2012, before me, the undersigned, a Notary
Public for the State of , personally appeared _____________, known to me to be
the __________ of Bozeman School District No. 7, the trust that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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8TH Elementary School Annexation Agreement 13
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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8TH Elementary School Annexation Agreement 14
CITY OF BOZEMAN
____________________________________
By: Chris A. Kukulski, City Manager
ATTEST:
________________________________
Clerk of the City Commission
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _____ day of , 2012, before me, a Notary Public for the state of
Montana, personally appeared Chris Kukulski and Stacy Ulman, 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)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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8TH Elementary School Annexation Agreement 15
EXHIBIT “B”
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
8th ELEMENTARY SCHOOL ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
Future COS, Part of Tr. 2, COS 2554, in SW ¼, Sec. 3, T2S, R5E, PMM, Gallatin
County, Montana. (Insert new COS # when finalized) Said Tract of land being 42.93±
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 Landowner has waived and does hereby waive for itself, its
successors and assigns forever 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 is made for the benefit of the property described above and shall be a covenant running with
the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-
in-interest and assigns of the Landowner.
DATED this day of , 2012.
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8TH Elementary School Annexation Agreement 16
LANDOWNER
______________________________________________ ,
________________ for Bozeman School District No. 7
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2012, before me, the undersigned, a Notary Public
for the State of , personally appeared ______________, known to me to be the
______________ of Bozeman School District No. 7, that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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8TH Elementary School Annexation Agreement 17
EXHIBIT “C”
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
8TH ELEMENATARY SCHOOL ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Future COS, Part of Tr. 2, COS 2554, in SW ¼, Sec. 3, T2S, R5E, PMM, Gallatin
County, Montana. (Insert new COS # when finalized) Said Tract of land being 42.93±
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 impacts to
Durston Road, Cottonwood Road and Flanders Mill Road and the intersections of Durston
Road/Cottonwood Road, Durston Road/Ferguson Avenue and Baxter Lane/Cottonwood Road
and trunk sewer and water mains which will be caused by the development of the above-described
property, the owner has waived and does hereby waive for itself, its successors and assigns forever the
right to protest the creation of one or more special improvement districts for the construction and
maintenance of following improvements: 1) street improvements including paving, curb/gutter,
sidewalk and storm drainage facilities for Durston Road, Cottonwood Road and Flanders Mill
Road; 2) signalization improvements for the following intersections: a) Durston
Road/Cottonwood Road, b) Durston Road/Ferguson Avenue and c) Baxter Lane/Cottonwood
Road, and 3) trunk sewer and water mains to serve the 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
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8TH Elementary School Annexation Agreement 18
intention to create one or more special improvement districts which would include the above-described
property.
In the event an SID is not utilized for the completion 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 is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this _____ day of __________________, 2012.
LANDOWNER
________________________________
_______________ for Bozeman School District No. 7
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2012, before me, the undersigned, a Notary Public
for the State of , personally appeared ____________, known to me to be the
__________ of Bozeman School District No. 7, the trust that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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8TH Elementary School Annexation Agreement 19
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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