HomeMy WebLinkAbout12- Mahar Good Medicine Way Annexation Agreement L'2434280
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Charlotte Mills - Gallatin County, MT MISC
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Inter-office Original
City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
MAHAR GOOD MEDICINE WAY
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this I S —day of OC_�o h) JK , 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 Mahar Montana Homes, 1627 West Main Street, Suite 370,
Bozeman MT 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 MAHAR GOOD MEDICINE WAY ANNEXATION situated in Gallatin County, Montana,
and more particularly described as follows:
Mahar Good Medicine Way Annexation Agreement 1
Lot 4A, Minor Subdivision 35C located in the NE '/ of Section 25, T2S, RSE, PMM,
Gallatin County, Montana. Said Tract of land being 5.01± 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 MAHAR GOOD MEDICINE WAY 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 MAHAR GOOD MEDICINE WAY
ANNEXATION pursuant to Section 7-2-4601, et seq., MCA will allow the MAHAR GOOD
MEDICINE WAY ANNEXATION to 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 MAHAR GOOD
MEDICINE WAY ANNEXATION will impact area streets and fire services, and that future
improvements may require additional public street improvements for traffic circulation and the
provisions of fire 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 MAHAR GOOD MEDICINE WAY ANNEXATION; and
Mahar Good Medicine Way Annexation Agreement 2
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 MAHAR GOOD MEDICINE WAY
ANNEXATION with the City on April 4, 2012. By execution of this Agreement, the City manifests its
intent to annex the MAHAR GOOD MEDICINE WAY 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 Agreement, adopt a Resolution of Annexation of the MAHAR
GOOD MEDICINE WAY 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 MAHAR GOOD MEDICINE WAY ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the MAHAR GOOD MEDICINE WAY
ANNEXATION existing City services only to the extent currently available, or as provided in this
Agreement.
Mahar Good Medicine Way Annexation Agreement 3
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 MAHAR GOOD MEDICINE WAY
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
MAHAR GOOD MEDICINE WAY 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 MAHAR GOOD MEDICINE WAY 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 MAHAR GOOD MEDICINE
WAY 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
Mahar Good Medicine Way Annexation Agreement 4
The Landowner shall pay cash in-lieu of water rights prior to annexation in accordance with
18.42.180 Bozeman Municipal Code. Pursuant to 18.42.180.E the calculated average annual volume
of water necessary to provide water to this annexation tract on the basis of the zoning designation at
annexation is 0.378 acre feet/year. Calculated based on a price of $6,000.00 per acre-foot as
established by Bozeman City Commission Resolution No. 4095, the cash in lieu payment required at
the time of annexation for the MAHAR GOOD MEDICINE WAY ANNEXATION is two thousand
two hundred sixty-eight dollars and twenty-nine cents ($2,268.29). The Landowner agrees to pay this
amount as cash in lieu of the water rights upon annexation of the MAHAR GOOD MEDICINE WAY
ANNEXATION. The City acknowledges receipt of said cash in lieu. Additional water rights or cash-
in-lieu of water rights will be due at time of development.
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 MAHAR GOOD MEDICINE WAY ANNEXATION to complete, at Landowner's
expense,the necessary system improvements to serve the proposed development.
8. Future Development Limitations
Mahar Good Medicine Way Annexation Agreement 5
The Landowner shall be responsible for installing all facilities required to provide full
municipal services to the property 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 granted or implied, for the
Landowner to further develop any of the MAHAR GOOD MEDICINE WAY 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 a portion of the MAHAR
GOOD MEDICINE WAY ANNEXATION. Notice is thus provided to the Landowner that prior to
additional development of the property, the Landowner will be solely responsible for installing, at
Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to
the MAHAR GOOD MEDICINE WAY 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.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the MAHAR GOOD
MEDICINE WAY 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. 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 detention/retention basin and
discharge structure details,basin sizing calculations, and stormwater maintenance plan.
Mahar Good Medicine Way Annexation Agreement 6
10. Waiver of Right-to-Protest Special Improvement Districts
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
"A" and is hereby incorporated in and made a part of this Agreement.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage
facilities for: a) South 3`d Avenue, b) Good Medicine Way, c) Blackwood Road, and d) Goldenstein
Lane; and signalization improvements for the following intersections: a) South 3`d Avenue and Graf
Street, b) South 3`d Avenue and Blackwood Road, and c) South 3`d Avenue and Goldenstein Lane. 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
"B" and is hereby incorporated in and made a part of this Agreement.
C. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for trunk water and sewer mains to serve the property. 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 `B" and is hereby incorporated in
and made a part of this Agreement.
D. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A, B, and C above, the Landowner shall participate in an
alternative financing method for the completion of said improvements on a fair share, proportionate
Mahar Good Medicine Way Annexation Agreement 7
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 Easement
The Landowner understands and agrees that a public street and utility easement shall be
provided for South 3rd Avenue along the western edge of the subject property. The easement shall be of
adequate width to complete the eastern 45 feet width from the centerline which is half of the collector
standard as shown in the Greater Bozeman Area Transportation Plan The Landowner, at its sole
expense, has created such an easement in a location and form agreeable to the City and the easement
will be filed at the Gallatin County Clerk and Recorder's Office.
12. Impact Fees
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 land owners and
their successors shall pay all fire, street, water and sewer impact fees at the time of connection; 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.
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 MAHAR GOOD MEDICINE WAY ANNEXATION
Mahar Good Medicine Way Annexation Agreement 8
municipal services and which are wholly attributable to the property as determined exclusively by the
city are 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.
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.
13. Additional Terms
The parties recognize these documents shall be filed and of record with the Gallatin County
Clerk and Recorder prior to the sale of any land with the MAHAR GOOD MEDICINE WAY
ANNEXATION. The parties further agree that the City may file these documents at any time.
14. 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
Mahar Good Medicine Way Annexation Agreement 9
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.
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 and specifically to any subsequent purchaser
of the annexed property.
Mahar Good Medicine Way Annexation Agreement 10
22. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the MAHAR GOOD
MEDICINE WAY ANNEXATION and 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.
Mahar Good Medicine Way Annexation Agreement 11
LANDOWNER
Joe Mahar
Mahar Montana Homes
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 21 day of , 2012, before me, the undersigned, a Notary
Public for the State of M;6Z A,- , personally appeared Joe Mahar, known to me to be the
�Oec of the Mahar Montana Homes, the corporation that executed the within instrument,
and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) ��
Susan Hialmarsson
N•• iq° (Printed Name Here)
s+'' Notary Public
-.j.NoYAP/.gt o for the State of Montana Notary Public for the State of MontWa
*; Residing at: Residing at Lf rl'' 4A
.ter.SIEA,L.'�_ Bozeman, Montana Resg
My commission Expires: My Commission Expires:OF M
July 16,2015 (Use 4 digits for expiration year
Mahar Good Medicine Way Annexation Agreement 12
CITY OF BOZEMAN
By: Chris A. Kukulski, City Manager
ATTEST: OF 02 .
Cler ofC ty Co issio
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of OC--�6&-r"' , 2012, b e me, a Notary Public for the
state of Montana, personally appeared Chris Kukulski and Stacy Ulm$ nown 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)
(Prii1ted Name Here)
AIMEE BRUNCKHORST Notary Public for the State of Montana
a ' a NOTARY PUBLIC for the Residing at
*..SEAL.--"'* State of Montana My Commission Ex 'res:
My Commission Expires
December 04, 2012 (Use 4 digits for expiration year)
Mahar Good Medicine Way Annexation Agreement 13
EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
MAHAR GOOD MEDICINE WAY ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana,and more particularly described as follows:
Lot 4A, Minor Subdivision 35C located in the NE '/a of Section 25, T2S, R5E, PMM,
Gallatin County, Montana. Said Tract of land being 5.01± 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.
Mahar Good Medicine Way Annexation Agreement 14
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 and1 assigns of the Landown
er,DATED this I day of �4 4/Lb(- 32012.
LANDOWNER
Joe Mahar
Mahar Montana Homes
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN ) r,
On this ��� day of , 2012, before me, the undersigned, a Notary Public
for the State of personally appeared Joe Mahar, known to me to be the
Q 10)A -,r of the Mahar Montana Homes, the corporation that executed the within instrument,
and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) /��n/ C�
Susan Hjalmarssond�
MgR<; Notary Pubiic (Printed Name Here)
s ontana
;� Notary Public for the State of Montana
for the state of a
• cTARIgt•.O
_ z= Residing
Montana Residing at ram' /A
*' S�". I,:q*`= E3ozeman,My Commission ExPTres: My Commission Expires: O 6
'ram ^•car July 16,2015
cw,. (Use 4 digits for expiration ear)
Mahar Good Medicine Way Annexation Agreement 15
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
MAHAR GOOD MEDICINE WAY ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 4A, Minor Subdivision 35C located in the NE 1/4 of Section 25, T2S, R5E, PMM,
Gallatin County, Montana. Said Tract of land being 5.01t 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
streets, intersections, and utility mains as listed below 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:
A. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities
for the following streets:
i. South 3` Avenue
ii. Good Medicine Way
iii. Blackwood Road
iv. Goldenstein Lane
B. Signalization Improvements for the following intersections:
Mahar Good Medicine Way Annexation Agreement 16
i. South 3`d Avenue/Graf Street
ii. South 3`d Avenue/Blackwood Road
iii. South 3`d Avenue/Goldenstein Lane
C. 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 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 v,l day of Sq- 4er , 2012.
Mahar Good Medicine Way Annexation Agreement 17
LANDOWNER
q�
Joe Mahar
Mahar Montana Homes
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN ) f,
On this—k[ da of W bey , 2012, before me, the undersigned, a Notary Public
for the State of ,personally appeared Joe Mahar, known to me to be the
1) Qi/ of the Mahar Montana Homes, the corporation that executed the within instrument,
and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my.official seal the day and
year first above written.
(SEAL)
ESusan Hjalmarsson (Printed Name Here)
-
Mahar Ngy°`, Notary Public Notary Public for the State of M�tu�gsp r for the State of Montana Residing at ZL/'1/�L* Resieino at:L ' Bozeman, MontanaMy Commission Expires:P?`` nny��iv is 2o15pires: (Use 4 digits for expiratio ear)
Good Medicine Way Annexation Agreement 18
MAHAR GOOD MEDICINE WAY ANNEXATION MAP
LOCATED IN THE NE 114 OF SEC. 25, T. 2 S, R. 5 E.
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---- DENOTES EXISTING CITY ZONING BOUNDARY LEGA DESCRIPTION (LOT 4A)
Lot 4A, Minor Subdiviision No. 35C, according to the plat thereof, on file and of record in the office of the Clerk and Recorder,
....a a. c DENOTES NEW ZONING BOUNDARY Gollotin County. Montana, and located in the Northeast Quarter of Section 25. Township 2 South, Range 5 East. Principal
Meridian, Montana, and further described as follows:
Beginning at the southeast corner of said Lot 4A thence westerly 269' 40' W, assumed azimuth from north, 630.09 feet
IV along the south line of said Lot 4A to a point on a curve with the center of circle lying westerly 285' 10' 42' azimuth
1534.89 feet from said point; thence on the following courses along the boundary of said Lot 4A;
northerly 403.85 feel along said curve, radius 1534.89 feel and central angle 015' 04. 31';
northerly 009 06' 11' azimuth 69.39 feet, tangent to said curve;
easterly 087 40. OC!' azimuth 325.29 feet:
southeasterly 151, 43. 00" azimuth 530.00 feet to the point of beginning.
Area a 218.249 square feet, 5.0103 acres or 20,276 square meters. Subject to existing easements.
LEGAL DESCRIPTION (SOUTH 3RD AVE. R/W)
That port of South Third Avenue described as follows:
Beginning at the southwest corner of Lot 4A, Minor Subdivision No. 35C (the south line of said Lot 4A has on assumed
azimuth from north of 269' 40' OO'); thence westerly 285' 10' 42'azimuth, 77.50 feet to a point on a curve with the center
of circle lying westerly 285' 10' 42' azimuth 1457.39 feet from said point; thence northerly 383.46 feet along said curve,
radius 1457.39 feet and central angle 015' 04' 31'; thence northerly 000' 06' 11' azimuth 69.29 feet, tangent to said curve;
Scale 1.Peet thence easterly 090' 06' 11' azimuth 65.00 feet; thence easterly 089' 40' OCf azimuth 12.50 feel to the northwest corner of
50�0_,90 sold Lot 4A; thence southerly 180' 06' 11" azimuth 69.39 feet along the western boundary of said Lot 4A thence southerly
403.85 feet on a tangential curve, concave to the west, radius 1534.89 feel and central angle 016 04' 31' along the west
15 0 15 line of said Lot 4A to the point of beginning.
Soak 1.Meters Arco - 35,879 square feet, 0.8237 acres or 3,333.3 square meters. Subject to existing easements,
DATE PREPARED: 9/25/12 LEGAL DESCRIPTION (GOOD MEDICINE WAY R/W)
C-5
That port of Good Medicine Way described as follows:
Beginning at the southeast corner of Lot 4A Minor Subdivision No. 35C; thence northwesterly 331' 43' 00, assumed azimuth
0-MIfrom north, 530.00 feel along the east line of said Lot 4A to the northeast corner of said Lot 4A thence northeasterly 061'
43' 00' azimuth 60.00 feet to the east right-of-way line of Good Medicine Way. thence southeosterly 151' 43' 00' azimuth
6+Dincellev end ax,eYrq Ir- 529.08' along said cast right-of-woy line; thence southwesterly 241' 36' 09' azimuth 60.00 feet to the point of beginning.
loaf sv..:e9.aa..s,e^s N'serve Arco - 31,796 square feet, 0,7299 acres or 2.953.9 square meters. Subject to existing easements.
nwx 1.os!aer,�m.rw taA1 Berates
.-.awo...um•nwa-v�Yo.� In 1489