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HomeMy WebLinkAbout12- 8th Elementary School Annexation Agreement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, NIT 59771-1230 2436533 Page. I of 22 12/3112012 11 27 53 AM Fee $154.O0 Charlotte Mills - Gallatin County, MT Misc 8th ELEMENTARY SCHOOL ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this (0-Ell day of SgZ,"&_r- 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 8"" ELEMENTARY SCHOOL ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: A parcel of land, said parcel being Tract 2A of Certificate of Survey No. 2554A, being located in the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County Montana and said parcel being further described as follows: Beginning at the southeast corner of said Tract 2A; thence North 89'38'26" West, on the south line of said Section 3, a distance of 1319.38 feet; thence North 01'07'40" East, on the west line of said section, a distance of 1314.04 feet; thence South 89'52'39" East, a distance of 149.35 feet; thence on a curve to the left with a radius of 263.00 feet, a central angle of 30'14'31", and an are length of 138.82 feet; thence North 59152150" East, a distance of 104.94 feet; thence on a curve to the right with a radius of 337.00 feet, a central angle of 30'14'31", and an are length of 177.88 feet; thence South 89152139" East, a distance of 780.85 feet; thence South 01110'34" West, oil the east line of Tract 2A, a distance of 1454.05 feet to the Point of Beginning. The described parcel has an area of 42.935 acres, more or less and is along with and subject to any existing easements. WHEREAS,the Landowner petitioned the City for annexation to the City of said tract of land; and 8TH Elementary School Annexation Agreement WHEREAS, the 8'" 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 8"' ELEMENTARY SCHOOL ANNEXATION pursuant to Section 7-2-4601, et seq., MCA will allow the 8"" ELEMENTARY SCHOOL. 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 81" 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 8"" 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. 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 8TH Elementary School Annexation Agreement 2 The Landowner filed an application for annexation of the 87" ELEMENTARY SCHOOL ANNEXATION with the City on April 3, 2012.. By execution of this Agreement, the City manifests its intent to annex the 8t" ELEMENTARY SCHOOL. ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, fart 46, MCA the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 8"" 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 tenns, 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 8`" ELEMENTARY SCHOOL ANNEXATION, the Landowner agrees to complete improvements as outlined in a letter from their agent TTY & 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 I 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 Lando-,vner 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 8°r ELEMENTARY SCHOOL ANNEXATION including tapers meeting AASHTO standards as necessary to transition to existing asphalt on the cast end of the 8TH EI.,EMENTARY SCHOOL ANNEXATION and prior to occupancy as described above as identified in attached Exhibit"A". 8 rx Elementary School Annexation Agreement. 3 b. Flanders Mill Road shall be improved to a City local street standard along the entire frontage of the 8111 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 improvements shall be completed with Phase I 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 I to the northern property line of the 8"" ELEMENTARY SCHOOL ANNEXATION. c. The cast half of Cottonwood Road including any required utility extensions shall be constructed along the frontage of the 8"", 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 8"' ELEMENTARY SCHOOL ANNEXATION. d. Annie Street shall be improved to match the typical section previously constructed to the east and west of the 8""' ELEMENTARY SCI-10OL 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 8"' ELEMENTARY SCHOOL ANNEXATION. c, 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 I development of the 8"" 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. Z� 8 T" Elementary School Annexation Agreement 4 g. Building and occupancy pennnits 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. 4. Municipal 'Water Service Defined The teen "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 tennis and conditions which apply to the City's provision of naunicipa.l 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 8111 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 8 rrr ELEMENTARY SCHOOL ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or developrnnent 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 8'" 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 8TF4 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, 8TH Elementary School Annexation Agreement 5 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 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 8T" ELEMENTARY SCHOOL ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations/Consultation 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 8"' 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 8""" 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 8TH Elementary School Annexation Agreement 6 responsible for installing. at Landowner's sole expense, any facilities or infrastructure , whether onsite or offsite, required to provide full municipal services to the 8T11 ELEMENTARY SCHOOL 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 infornal 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 inforinal 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 8"' 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 8rrr ELEMENTARY SCHOOL ANNEXATION is installed as shown in the City's Wastewater Facility Plan. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 8"` 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 8"-H Elementary School Annexation Agreement 7 time of any future development. Such plan, if required, must depict the maximum sized retentionidetention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 10. Waiver of Right-to-Protest Special Improvement Districts A. Landowner shall execute a Waives- 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 mecllanisrn 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. 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 8T" 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 park 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 8 Trr Elementary School Annexation Agreement S 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 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 Angie 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. 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 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. 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 8`°' ELEMENARY SCHOOL ANNEXATION to municipal services and which are wholly attributable to the 8`1a ELEMENTARY SCHOOL ANNEXATION 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. 8TH Elementary School Annexation Agreement 9 If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (3)0) 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 8"' 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 8""' 8TH Elementary School Annexation Agreement 10 ELEMENTARY SCHOOL. ANNEXATION. The parties further agree that the City may record these documents at any time. 16. Governin2 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. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including City Attorney. 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 liercof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 20. Modillcations or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. No Assipnrnent 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 8TH Elementary School Annexation.Agreement 1 l 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 8 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 ,&W�W I?for Bozeman School District No. 7 STATE OF MONTANA :ss COUNTY OF GALLATIN ) 8TH Elementary School Annexation Agreement 12 On this l5 day of v ySr , 2012, before nee, the undersigned, a Notary Public for the State of / m , personally appeared�Egoe ,,c,ase , known to me to be the A *f 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 band and affixed nay official seal the day and year first above written. (SEAL) (P/td me Here) Notary Public for the State of Montana MMQ,'Wi�Nsion EVEN JOHNSON Residing at Natary Pubic M Commission Ex Aires: �2 r the Stag cat Montana Y 1 Residing ar: (Use 4 digits for expiration year) Eaernan, Mr�ntana y C©rnrnission Expdres: dray 22, 2016 rn Elementary School Annexation Agreement 13 CITY OF BOZEMAN C"— .1 By: Chris A. Kukulski, City Manager ATTEST:.- Clerk th - 16 s°t" . � � 01 STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this Q'9 day of ht , 2012,before me, a Notary Public for the state of Montana,personally appeared Chris Kukulski and Stacy Ulmer,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 WHEREOI~, 1 have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Prin d Nanie here) �} � gR CKHORST Notary Public for the State of Montana ts"cr NOTARY pBU f�lf the Residing at State of Montana My Commission Npires: try Commission-x (Use 4 digits fore expiration year) DeceMber 04, 8TH Elementary School Annexation Agreement 14 EXHIBIT"A" TD&H �. Engineering April 30, 2012 ; Doug and Delivered �;�D� ��'`�'+ OF PL g Riley y( ) �f ✓UN TyE. pp 'G City of Bozeman — —___ ' n Department of Planning and Community Development 20 E. Olive Bozeman, MT 59715 RE; 8`'' Bozeman Elementary School Improvements On behalf of the Bozeman School District 47,we submit this letter to clarify the District's plan for improvements associated with development of the subject property at Flanders Mill Road and Durston Road. This letter supplements our application for"Informal Advice and Direction" and our application for annexation and zone map amendment for the proposed 8'°'Bozeman. Elementary School. I have attached an exhibit showing the District's improvements phasing plan. The project will be completed in two phases, as shown. Phase I involves the construction of the new 8'r elementary school on approximately 10 acres in the southeast corner of the property. Phase 2 would include the construction of a future middle school on the remaining approximately 30 acres. The following describes the City street improvements to be provided in each phase, assuming the middle school is built before other adjacent development to Annie Street and Flanders Mill Road. (No improvements to the City water or sewer system are anticipated in either phase, other than those required on site to extend services to the school buildings.) Phase I I. Widen the north side of Durston Road, including curb, gutter, and paving, from Flanders Mill Road to Cottonwood Road to match the improved section to the west of Cottonwood Road (approximately 1350 feet). Sidewalk would be constructed outside of the right-of- way on the school's property. 2. Reconstruct both sides of Flanders Mill Road in the standard location, including curb, gutter, sidewalk on the west side, paving and ditch relocation, from Durston Road north to the proposed Phase I access drive to a local standard (approximately 600 feet).Build a transition to connect to the existing road to the north. 3. Construct anew pedestrian and bicycle path from Flanders Mill Road to Ferguson Road (approximately 1300 feet). 108 West Bahcock o Bozenian, A11T 59715 a (406) 586-0277 a FAX(406) 586-4951 4/3A/20l2 Page 2 Phase 2 4. Construct the east half of Cottonwood Road in the standard location to complete the four |uoe arterial section, including curb, gmTk:r and paving oo both sides, sidewalk onthe cast side only, from Dura1om Road toAnnie Street(approximately |]00teet). 5. Construct Annie Street io the standard location, including curb, gutter and paving mzboth sides, sidewalk oothe xnotb side only, from Cottonwood Road to F}uodcra Mill Road to a lmouJ standard (approximately l]5O ±eet). 6. Reconstruct both sides of Flanders Mill Road in the standard location, including curb, gutter, sidewalk on the west side, paving and ditch relocation, from,1ooie Street south 10 the proposed Phase l access drive to o }ucol standard(approximately 800 8:ot). In our letter April lO, 2012 with the /\p9[ioa1ioo for Informal Advice and Direction, we talked about the exemptions the District anticipated requesting during the ncvicvv. We want toclarify that the District still intends to comply with the intent of the code 10 the maximum extent feasible, vv6i|e ntN| protecting the interests n[their primary mission of safely educating kids. So while the site plan may not meet all the landscaping rules in the City code, or may not exactly every section of the lighting rules,their intent is to Provide ample landscaping, lighting and plenty of open space. For example, they will design their lighting to direct light down to limit light pollution, and provide x safe environment for the school functions. They may not have us ruumy landscaped islands as the code vvoo|d require, as another example. But the District xbmrcm the City's desire to be good neighbors. We will show all the proposed improvements in detail at the time the fh000\ site plan is submitted, after the bond m[o(dioo. lwmuted to thank you and all the City staff again for such u cooperative effort tm move this project through the rcviervprocess. Please let me know if you have any questions. Sincerely, Thomas, Dean 6bHoskins, Inc. David J. Craw"ford, P.E. Project Manager J\2012\8 12-003 Bozeman Elementary School HNDOCUMENTS\Annexation Docs\Subi-nitualUmprovements Lettev.doc /% oars/ i H/ ff11 z / /a /1&,!o t f r Al rf�rri/ i of/i/ ���/ p '' 100 200 300 CY o i �p t,a/i r %i �;�!r/�� / r� cc � /� �/r rr r r / r 0/�� � u y LEGEND PROPOSED EXI STING DESCRIPTION M �,... ,. .._.,.. 5uRVEYEO PP(rPERPr UNE, � UR6F'FRiY LiNE N PwrsF Lir+. b' .,.......,.. iNAUL /UO / /�iIrV4��1//�r /g "F CL / fig m i J/m r/i rr9l rJf / C o � DRAWN BY..... KLs = PH vSE..l. f ./ '' ` (`G/f119 ocsscHeaBY: asc QUALITY CHECK . Rood, i 4150)12 7 Vden the r©r+h s,ee of Cl urston including gr /9 PklA9E1 r r a curd, gutter, and povinq, 'fr'om Flanders gall Rood r/i� rwxwsmaH / ar JOB NO B zags FIEiLaBOOK 755942 � Cottonwood Road to rrlcltrh the Improved sectlan ✓ � �%'%/� '�%'/i� ��'//// fir rr�/ ��.. U the west of Cottonwood Rood pproxlrnalely 1350 �+ feat} S�dcwalk would be r',ons+ructed outside of tfr9� Q rlghi..-of Vw'a r on the school's o erf y r p Y 9 2. Recan.strucr oath sides of Flanders Mill Road in k _ o g utter, oewolk sanorIo , n the west side, cand d tc locaton, from F 1% d / ri r/yrir/ Durston Rood north to the proposed Phase aoces drive to o JOCat slerrdord (appraxin7©tely 6 feet), Build a tran5itlrn to connect to the exls.,n E read to the Werth. 4: iyy 3.Lo�r,struci, a new pedestrian ar,d b,cyc e path fron 1 r d Wily Road to Ferguson Rand a roxu,nat / Flanders g Fp , z " E 1 MID 'feet � 4 o fLl m f �-- 4SE_..? //"�fa 1 /2/q� %f/� V x Construct the east half of Cottonwood Road n ib LLX standard location to complete: the four lone arte � i� � rr / �%rrrr / � S section, includir'y curb, cutte+- end pnuln on dot; ` " m%l; / "r` ' " yarn /'//o/ a F_ M- Z n g ` �i/ / CIO coy 4 C slides, sidewalk on the east side or1ly, from Curs :Z P %o lr'i r;r' „!iir/9 1rauraniiv/ o/.. W Road to Annie `street o proximately 1300 feet). '.Construct Annie Street In the standard 9acavlorr, r/ /'" � Z i c 9 n curb, sotutFj bide only, frorrb Ccttonwoc r , „r r LL1 LU CL �nclud,r c g P 9 o s�aew�olk o. - Y, „ „ ..� f2aoci to Flanders Mih Rood to a local standard r� �v� N ILt>✓ �I (epproxlrnately 1350 feet). /,/ ## 0. Reaansiruct both sides of Flanders IJ�B6 Rood in ✓�// ° Md standord locator Including curb, gutter, svde "N'w 9 r .,.,. 2 the 'west side, pavin and ditch reVaco'tlan, ,ronw ��� r rL Annie Street south t� the proposed Phase 1 ac r' drive to a local stcndcrd (opnroximotely 500 fe 0 e� N f"' !"1N N Y CD N PHASE MAP'A)WG sMe T I OF 1 i EXHIBIT "B" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT 81' 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: A parcel of land, said parcel being Tract 2A of Certificate of Survey No. 2554A, being located in the Southwest(quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County Montana and said parcel being further described as follows. Beginning at the southeast corner of said Tract 2A; thence North 89°38'26" West, on the south line of said Section 3, a distance of 1319.38 feet; thence North 01 107'40" East, on the west line of said section, a distance of 131.4.04 feet; thence South 89'°52'39" East, a distance of 1.49.35 feet; thence on a curve to the left with a radius of 263.00 feet, a central angle of 30'14'31", and an are length of 138.82 feet; thence North 59 1521501" East, a distance of 104.94 feet, thence on a curve to the right with a radius of 337.00 feet, a central angle of 30 114'31", and an are length of 177.88 feet; thence South 89152391' East, a distance of 780.85 feet; thence South 01°10'34" 'West, on the east Iine of Tract 2A, a distance of 1454.05 feet to the Point of Beginning. The described parcel has an area of 42.935 acres, more or less and is along with and subject to any existing easements. IN CONSIDERATION of receiving approval for annexation of the subject property fl•om 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-describcd property. 8TH Elementary School Annexation Agreement 1 This waiver is made for the benefit of the property described above and shall be a covenant running with the land, The terns, covenants and provisions of this waiver shall extend to, and be binding upon the successors- in-interest and assigns of the Landowner. DATED this 13 day of Wo&vsr 2011 LANDONNINER for Bozeman School District No. 7 STATE OF MONTANA :ss COUNTY OF GALLATIN ) On this 13 day of Aae;VSr- 2012, before me, the undersigned, a Notary Public for the State Of 1-110,4JrAW-d personally appeared&",#/ze lv-sl � , 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 any hand and affixed my official sea] the day and year first above written. (SEAL) (Prints Name Here) "Job STEVEN D JOH�NSON Notary Public for the State of Montana 11 No�tary Public fb C, Montana for tne�tate A FRI�1'''P tana Residingat f Man `40 A4-0 forge state o Residing at'. My Commission Expires: SEA L.',q*- [3ozemar, Montana (Use 4 digits for expiration year) My commission Expires: May 22, 2016 1 8 TH Elementary School Annexation Agreement 16 EXHIBIT "C" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 8 T" 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: A parcel of land, said parcel being Tract 2A of Certificate of Survey No. 2554A, being located in the Southwest Quarter of Section 3, Township 2 ,South, Range 5 East, Principal Meridian Montana, Gallatin County Montana and said parcel being further described as follows: Beginning at the southeast corner of said Tract 2A; thence North 8913826" West, on the south line of said Section 3, a distance of 1319.38 feet; thence North 01'07'40" East, on the west line of said section, a distance of 1314.04 feet; thence South 89152'39" East, a distance of 149.35 feet; thence on a curve to the left with a radius of 263.00 feet, a central angle of 30'14'31", and an are length of 138.82 feet; thence North 59'52'50" East, a distance of 104.94 feet; thence on a curve to the right with a radius of 337.00 feet, a central angle of 30114'31", and an are length of 177.88 feet; thence South 89152139" East, a distance of 780.85 feet; thence South 01'1013411 West, on the east line of Tract 2A, a distance of 1,454.05 feet to the Point of Beginning. The described parcel has an area of 42.935 acres, more or less and is along with and subject to any 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, 8'TH Elementary School Annexation Agreement 17 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 (toad/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 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 su ecessors-i n-interest and assigns of the Landowner. DATED this day of IIS 7' 2012. LANDOWNER 12 for Bozeman School District No, 7 STATE OF MONTANA :ss COUNTY OF GALLATIN ) 8T'-' Elementary School Annexation Agreement 18 'I undersigned, a Notary Public On this Z_y day of &q e/sr 2012, before me, the for the State of personally appeared W,4qsllj , known to me to be the Apeof 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. (SEAL) (Printed aine Here) STEVEN 0 JOHNSON Notary Public for the State of Montana g at Notary Public Residin k.',�401AR/,14%C z for the State of Montana eo: — � My Commission Expires: Res�cjjng at: Zv 16, *�*,.S EA L _,= Bozeman, Montana (Use 4 digits for expiration year) My Comrnis&on Expires: May 22,2016 8TH Elementary School Annexation Agreement 19