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HomeMy WebLinkAbout2281031_Resolution f Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 COMMISSION RESOLUTION NO.4071 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN 24.487 ACRES OF LAND LOCATED IN SECTION 31&SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, AND IN SECTION 5 AND SECTION 6,TOWNSHIP 2 SOUTH,RANGE 6 EAST,PRINCIPAL MERIDIAN e-� a MONTANA(P.M.M),CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA M N AND HEREIN MORE PARTICULULARLY DESCRIBED. MaM-1°a w`m N10 ^� m WHEREAS,the City of Bozeman received a request for annexation from Blue Sky Development, Inc.,6730 Tawney Brown Lane,Bozeman MT 59718,and Wake Up,Inc.,402 Bonner Lane,Bozeman MT � U E 59715 and Clifford&Sally Christie Franklin,1015 East Griffin Drive,Bozeman,MT 59715,owners of the sesein tracts of land,requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land legally described as 24.487 acres of land located in Section 31 & _ F E Section 32,Township 1 South,Range 6 East,and in Section 5 and Section 6,Township 2 South,Range 6 m East,Principal Meridian Montana(P.M.M),City of Bozeman,Gallatin County,Montana,and herein more � N � L U particularly described;and WHEREAS,an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on April 2,2007;and WHEREAS,the tracts being annexed under Title 7,Chapter 2,Part 46 MCA no resolution of intent or public hearing was required;and WHEREAS, a public meeting on the annexation was duly noticed according to the City's annexation policy and held on April 2,2007;and WHEREAS,on April 2,2007,the Commission authorized and directed staff,upon satisfaction by the applicant of the terms of approval,to prepare the necessary annexation agreement and other documents - 1 - to proceed with the annexation of the privately held portion of these tract�, m <w%:ordant c ��ith 1crn1 jo!t conditions approved by the Commission: and WHEREAS, on April 2, ?OU7, the Commission authorized and directed staff to prepare thy.: necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way. a easements, water rights or cash in lieu, waivers of protest against creation of SID's and impact tees to said 0 contiguous tracts are the subject of a written agreement between the City of Bozeman and Blue Sky 00 N Development, Inc., Wake Up, Inc. and Clifford & Sally Christie Franklin, record owners of the tracts; and Nm� � r a WHEREAS, said contiguous tracts are the subject of a certificate of survey. filed in the office of the Gallatin County Clerk and Recorder's Office; and � U fit WHEREAS,the Bozeman City Commission hereby finds that the annexation of these contiguous- tracts are in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts. Section I o Z That it is hereby declared that, pursuant to Title 7. Chapter 2, Part 46, M.C.A., the following- described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified so as to embrace and include such 24.487 acres of land. to wit, and as further described as follows: An area of land located in Section 31 & Section 32, Township I South, Range 6 East. and in Section 5 and Section 6, Township 2 South, Range 6 East, Principal Meridian Montana(P.M.M),City of Bozeman, Gallatin County, Montana being more particularly described as follows: BEGINNING at a calculated position from which the southeast corner of said Section 31, bears South 00° 47' 36" East a distance of 250.47 feet. thence South 00° 49' 32" East a distance of 35.46 feet to a calculated position; thence south a distance of 184.57 feet along a non-tangential curve concave east having a radius of 1336.24 feet, a central angle of 07° 54' 51", a chord hearing of South 16° 24' 33" East and a chord length of 184.43 feet to a calculated position: thence South 20' 25' 51" East a distance of 731.38 feet to a calculated position; thence South 20' 25' 17" East a distance of 717.78 feet to a calculated position; thence North 89' 14'48" West a distance of 107.32 feet to a calculated position; thence North 89' 17' 38" West a distance of 459.62 feet to a calculated position; thence South 00' 28' 37" West a distance of 14.00 feet to a calculated position; thence North 86' 26' 34" West a distance of 193.79 feet to a calculated position; thence South 89' 13' 59" West a distance of 34.95 feet to a calculated position; thence North 00' 04' 34" West a distance of 85.25 feet to a calculated position; thence North 51° 31' 04" West a distance of 9.17 feet to a calculated position, thence North 51° 31' 04" West a distance of 2.00 feet to a calculated position; thence North 50' 14' 37" West a distance of 50.04 feet to a calculated position; thence South 39' 45' 23" West a distance of 146.82 feet to a calculated position; thence North 13' 35' 11" East a distance of 572.24 feet to a calculated position; thence North 79' 27' 13" West a distance of 290.35 feet to a calculated position; thence North 29' 24' 40" West a distance of 609.68 feet to a calculated position; thence South 78' 49' 33" East a distance of 29.51 feet to a calculated position; thence North 70' 39' 28" East a distance of 256.48 feet to a calculated position; thence North 70' 42' 15" East a distance of 126.80 feet to a calculated position; thence North 70' 40' 32" East a distance of 66.59 feet to a calculated position; thence South 88' 06' 19" East a distance of 347.31 feet to a calculated position; thence North 20' 26' 31" West a distance of 37.47 feet to a calculated position; thence north a distance of 153.77 feet along a non-tangential curve concave east having a radius of 1582.50 feet, a central angle of 05' 34' 03", a chord bearing of North 17' 27' 52" West and a chord length of 153.71 feet to a calculated position; thence north a distance of 102.40 feet along a non-tangential curve concave east having a radius of 1482.50 feet, a central angle of 03' 57' 27", a chord bearing of North 12' 35' 21" West and a chord length of 102.38 feet to a calculated position; thence North 89' 40' 26" East a distance of 109.59 feet to the Point of Beginning containing 24.487 acres, more or less. Section 2 The effective date of this annexation is September 17, 2007. ��III IIIII III IIIIII IIIII HI IIIII I11 III I111�I�I Page:8 023 1P Charlotte Mills-Gallatin Co MTMISC 161.00 - 3 - 2281031 Page 4 (IIIII 11111 111 111111 Iffll 1111 1111111 111 111 1111 11 10i09i200 Section 3 The annexation of the above-described ii-act is subject 1,,flicien-i'is dated Apra i ,% 2007.. by and between the City of Bozeman and Panache Properlic,, mviict- -1 said tracts of land. PASSED AND ADOPTED by the City Commission of the. City ot' Bozeman, Montana- at regular session thereof held on the 17"' day September- 210071 .1 E R 0 or 1' ATTEST. T, c J. LANEY cting Ci APPROVED AS TO FORM: P A U t .1. 1.. City Attorn� - 4 - Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 STORY MILL NEIGHBORHOOD ANNEXATION AGREEMENT TI IIS AGREEMENT is made and entered into this_�. day of ,2007,by and between the CITY OF BOZEMAN,a municipal corporation and political subdivision of the State of Montana,with offices at 411 East Main Street,Bozeman,Montana,and mailing address at P.O.Box 1230,Bozeman,Montana,59771-1230, hereinafter referred to as"City,"and BLUE SKY DEVELOPMENT,INC.,6730 Tawney Brown Lane,Bozeman MT 59718 and WAKE UP INC., 402 Bonner Lane, Bozeman MT 59715 and "CLIFFORD & SALLY CHRISTIE, 1015 East Griffin Drive,Bozeman,MT 59715, hereinafter referred to as "Landowners." WITNESSETH: WHEREAS,the Landowners are owners in fee of tracts of certain real property,hereinafter referred to a q-4 r as the"STORY MILL NEIGHBORHOOD ANNEXATION,"situated in Gallatin County,Montana,and more (�m m 19 C4 o particularly described as follows: a••� o a CO 5.682 acres of Tract 1 of C.O.S.2503 according to C.O.S of 2547,1.707 acres of Tract A of C.O.S �J 2505,14.0994 acres of Tract 18 of the Northeast Annexation according to C.O.S 1147,0.6008 acres N a of subject tract of DOC.#2197610 of record at the Gallatin County Clerk and Recorder's Office, 0.02761 acres of Parcel II,DOC.#2197608 of record at the Gallatin County Clerk and Recorder's .o Office, 0.0336 acres of Parcel 1, DOC. #2197608 of record at the Gallatin County Clerk r and Recorder's Office, 0.20 acres of Tract 20 of the Northeast Annexation,0.931 acres of Tracts C1 and C2 of C.O.S 1877A, and 0.229 acres of Parcel II,according to Deed Film 175, Page 2596 of record at the Gallatin County Clerk and Recorder's Office, and the adjacent portions of the Story Mill spur railroad right-of-way, and abandoned railroad mo"'m right-of-way; all which are located in NW'/4 of Section 5, and NEl/4 of Section 6, ••••� Township 2 South, Range 5 East and the SE '/4 of Section 31 and the SW 1/4 of Section 32,Township 1 South, Range 6 East P.M.M., Gallatin County, Montana. ■ WHEREAS, the Landowners have petitioned the City for annexation of the contiguous tracts;and WHEREAS, the STORY MILL NEIGHBORHOOD ANNEXATION is not within the corporate m o limits of the City of Bozeman or other municipality but is contiguous to the City and may therefore be annexed to U the City in accordance with the provisions of this Agreement and MCA Title 7,Chapter 2, Part 46;and WHEREAS, all parties recognize that the annexation of the STORY MILL NEIGI IBORHOOD ANNEXATION pursuant to Section 7-2-4601, et seq., MCA, will entitle the said property to City services, including municipal water and sewer service,upon their availability;and WHEREAS, MCA Section 7-2-4610 provides that a municipality and landowner can agree to the STORY MILL NEIGHBORHOOD ANNEXATION Agreement: Page I of 16 provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries;and WHEREAS, the Landowners wish to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the STORY MILL NEIGHBORHOOD ANNEXATION; and WHEREAS, all parties recognize that the development of the STORY MILL, NEIGHBORHOOD ANNEXATION will impact Rouse Avenue, Story Mill Road,Bridger Drive, Griffin Drive, L Street and Oak Street and will require additional public street improvements,and WHEREAS, the Landowners find that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the STORY MILL NEIGHBORHOOD ANNEXATION; and WHEREAS,the making and performance of this Agreement is desirable to promote the development of a the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably e♦ T C40 expected to enlarge;and w e WHEREAS,the securing of an adequate water supply and traffic system by the City is necessary and of rr1 °a Cmutual advantage to the parties hereto;and N a WHEREAS,the parties have determined that it is in the best interests of the City and the Landowners, a o and in furtherance of the public health, safety, and welfare of the community to enter into and implement this T Agreement. IN CONSIDERATION of the mutual covenants and agreements herein contained,the parties hereto agree as follows: ■� o _ C 1. Recitals The above recitals are true and correct. 2. Annexation _ E The Landowners filed an application for annexation of the STORY MILL NEIGHBORHOOD m ANNEXATION with the City on January 17,2007. By execution of this Agreement,the City*has manifested its 0 C = intention to annex the subject property pursuant to the terms and conditions of this Agreement. Subject to the U provisions of Title 7,Chapter 2,Part 46,the City shall,upon execution of this Agreement,adopt a Resolution of Annexation of the STORY MILD NEIGHBORHOOD ANNEXATION to the City. Further, upon the execution of this Agreement,the Landowners shall do all things necessary and proper to aid and assist the City in carrying out the terms,conditions,and provisions of this Agreement and effectuate the annexation of the STORY MILL NEIGHBORHOOD ANNEXATION tracts to the City. STORY MILL NEIGHBORHOOD ANNEXATION Agreement: Page 2 of 16 3. Services Provided The City will,upon annexation,make available only existing City services to the extent currently available, including municipal water service,municipal sewer service,police protection,and fire protection,to the STORY MILL NEIGHBORHOOD ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined The term"municipal water service"as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.12,Bozeman Municipal Code,or as may be amended,as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the STORY MILL.NEIGHBORHOOD ANNEXATION. Nothing in this Agreement shall obligate the a City to pay for right-oE way acquisition,engineering,construction,and other costs for the delivery of water to or a� N a within the STORY MILL NEIGHBORHOOD ANNEXATION to include,but not limited to,any impact fees, r-� o a hook-up, connection, or development charges which may be established by the City. Upon annexation and co 0 availability of services, any existing residences or businesses on the subject property must be connected to City IN a o water and sewer utilities. Any wells presently used for domestic purpose can be retained for irrigation only with no !� physical connection to domestic water piping. 5. Municipal Sewer Service Defined � U The term"municipal sewer service"as is used in this Agreement shall be the service which is supplied by E the City in accordance with Chapter 13.24,Bozeman Municipal Code,or as may be amended,as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the STORY MILL NEIGHBORHOOD ANNEXATION. Nothing in this Agreement shall obligate T� E the City to pay for right-of-way acquisition,engineering,construction,and other costs for the collection of sewage � m i o services to or within the STORY MILL NEIGHBORHOOD ANNEXATION to include,but not limited to,any r impact fees, hookup,connection,or development charges which may be established by the City. U 6. Water Rights The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights,or an appropriate fee in lieu thereof,equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except,however,that for any annexation in excess often(10)acres,this policy shall be carried out prior to final plat approval of each development phase. -Section 2,No. 5, Commission Resolution 3907,Adopted August 24,2006 The STORY MILL NEIGHBORHOOD ANNEXATION consists of approximately 23.513 acres.The Landowners understand and agree that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: STORY MILL NEIGHBORHOOD ANNEXATION Agreement: Page 3 of 16 STORY MILL NEIGHBORHOOD ANNEXATION,consisting of a total of 23.513 acres,shall provide water rights or cash-in-lieu with the annexation of the subject property. The Landowners shall provide sufficient cash-in-lieu as calculated by the City Engineer in accordance with its policy at the time of calculation.The Landowners further understand that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City--approved development for the property at the time such calculation is made. 7. Comprehensive Water and„Sewer Design Report Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report a findings must demonstrate that adequate capacity is available to serve full development of the annexation area. CN If adequate water and/or sewer capacity is not available for the full development,the report must identify r Co m n the water and sewer system improvements required to provide the necessary capacity. Any improvements (4 m necessary to serve the full development must be in place prior to further development of the site. L 0 8. Future Development and/or Subdivision iO Landowners understand and agree that there is no right, either granted or implied by the City, for the Landowners to develop any of the STORY MILL NEIGHBORHOOD ANNEXATION until it is verified by the City that necessary municipal services,including but not limited to police and fire protection,are available to all or 0 a portion of the STORY MILL NEIGHBORHOOD ANNEXATION. The Landowners are hereby on notice of m the following requirements upon further development or subdivision of the STORY MILL NEIGHBORHOOD R ANNEXATION: a) Prior to future development,the applicant will be responsible for installing any facilities required E to provide full municipal services to the property in accordance with the City of Bozeman's oinfrastructure master plans and all city policies that may be in effect at the time of development. m 9. Non-Conforming Uses U The Landowners understand and agree that whenever a lawful nonconforming use of a building,structure, or land is discontinued for a period of 90 days, any future use of the building, structure, or land shall be in conformity with the provisions of this title. 10. Impact Fees Landowners hereby acknowledge that annexation and development of their property will impact the City's existing street,water,and sewer infrastructure,and fire service capacities.At the time of connection to the City's water and sewer facilities, the Landowners shall pay all applicable water and sewer impact fees. The applicants should be made aware that at the time of any further development on the properties, the Landowners and their successors shall pay all additional impact fees required by Chapter 3.24,Bozeman Municipal Code. STORE'IIII.I.NEIGI IBORTTOOD ANNEXATION Agreement: Page 4 of 16 If Landowners shall default on this condition at the time such is to be performed,and should default not be remedied or corrected within thirty(30) days after written notice by City to Landowners 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 sums, including the entry of any judgment. In addition,the City may,at its option,enforce payment of such amounts by levying an assessment on the premises. b) Elect any other remedy available to City under the laws of the State of Montana. c) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of the STORY MILL NEIGHBORHOOD ANNEXATION tract to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code,or as amended, and as such,are not eligible for impact fee credits. a Landowners hereby acknowledge and agree that it shall be no defense to the enforcement of this provision e-r Cq N m by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently �wr-- 41-1 N voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be (V a bound by such a declaration or judgment and,therefore,notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts,or prohibiting any such payment,Landowners will m pay such fees as specified above,in the amounts calculated for all such fees based upon the rates established at the date of this agreement. � U E11. Stormwater Master Plan oLandowners understand and agree that prior to development of the STORY MILL NEIGHBORHOOD ANNEXATION,a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows,detention and/or retention basin details (including E basin sizing calculations and basin typical sections),outlet structure details,and culvert capacity calculations. The o plan must also locate and provide casements for adequate drainage ways within the annexation area to transport Ztreated runoff to the stormwater receiving channel. 12. Traffic Analysis Report If required by the Engineering Department, the Iandowners shall provide a detailed "Traffic Impact Analysis Report(s)prior to future development of any portion of the annexed property. 13. Waiver of Right-to-Protest Special Improvement Districts Landowners have executed, at the Gallatin County Clerk & Recorder's Office, a Waiver of Right-to- Protest Creation of Special Improvement Districts for street,sewer and water improvements,including but not limited to the following improvements: paving, curb/gutter, sidewalk and storm drainage facilities for Rouse Avenue, Story Mill Road,Bridger Drive, Griffin Drive,L Street andOak Street,and signalization STORY MILL NEIGHBORHOOI)ANNEXATION Agreement: Page 5 of 16 improvements for the Rouse Avenue/Oak Street,Griffin Drive/Bridger Drive/Rouse Avenue,and Story Mill Road/Bridget Drive intersections and trunk sewer and water mains to serve the property. Further, the Landowners have executed, at the Gallatin County Clerk Recorder's Office, a Waiver of Right-to-Protest Creation of Special Improvements Districts for a City-wide Park Maintenance District,which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. Said Waivers are attached hereto as Exhibits A and B. The filed documents specify that 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. 14. Parks, Open Space and Trails The Landowners understand and agree that to achieve the goals and objectives set forth in the Bozeman a 2020 Community Plan,any contiguous parks,open space, and/or trails shall be extended to and through to the annexed property, at time of development. is. Right-of-Way asement for Future Roadways m m Landowners have dedicated, by written easement, the following land to the City of Bozeman, which IN, m represents the Landowners'proportionate share of the necessary right-of-way: m �~ a) The owner shall provide a public street and utility easement for Story Mill Road. The easement shall be as wide as necessary to provide for a total width of 90 feet, which is the collector standard as shown in the Greater Bozeman Transportation �. Plan. E Said easements will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. 16. Utility Easements � N Landowners understand and agree that utility easements,a minimum of 30 feet in width,will be necessary i m for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowners � y shall create such easements in locations agreeable to the City during the appropriate development procedure,but � L in no event later than the filing of any final plat or site plan or issuance of a building permit on any of the parcels. 17. Cultural Resources The Landowners acknowledge and agree that a cultural and historic resource inventory or a letter from the State Historic Preservation Office indicating a cultural and historic resource inventoryis not necessary shall be provided to City Planning Department with the next formal application for development. 18. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the STORY MILL NEIGHBORHOOD ANNEXATION. The parties further agree that the City may file these documents at any time. STORY MILL NEIGHBORHOOD ANNEXATION Agreement: Page 6 of 16 19. 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 concerning this Agreement,venue is in the Eighteenth Judicial District Court,Gallatin County,State of Montana. 20. 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. 21. 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. 22. Invalid Provision r,r The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions 49 o r hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were N m omitted. � ma a a 23. Modifications or Alterations 0 a No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. N 24. No Assignment Ir rz It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part without a V � c prior written consent of the City. 25. 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. �rrr m 0 26. Covenants to Run with the Land r The parties intend that the terms of this Agreement shall be covenants running with the land and shall not V expire at their deaths or upon transfer of ownership of the property. The undersigned Landowners affirm that they have authority to enter into this Agreement on behalf of their partnership,and to bind the partnership to this Agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. STORY MILL NI71GHBORI IOOD ANNEXATION Agreement: Rage 7 of 16 II ii ff ++II ff II IIII 281031 Page: f 23 0/09/200703:i iP Charlotte Mills-Gallatin Co MTMISC 161.00 LANDOWNER 6 Blue Sky Development, Inc. STATE OF ��,������ } s s. County of On this day of_ G»�, _,2007qq before me,the undersigned,a Notary Public for the State of Montana,personally appeared lea env v, bl K� ,known to me to be the of Blue Sky Development,Inc.,the company that executed the within instrument,and ackno ed ed to me that he executed the same for and on behalf of said company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. -c (Print Name Here) Notary Public for the State of Montana (Seal) Residing at My Commission Expires: a6�r (Use 4 digits for expiration year) LANDOWNER / Wake Up I . STATE OF s s. County of On this ;N day of ,L12e ,2007,before me,the undersigned,a Notary Public for the State of Montana,personally appeared ,known to me to be the of Wake Up Inc., the company that e ecuted the within instrument, and ackno edged to me that he executed the same for and on behalf of said company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Print Name I{ere) Notary Public for the State of Montana Seal Residing at My Commission Expires: .,� (Use 4 digits for expiration year) ••a STORY NULL NEIGHBORHOOD ANNEXATION Agreement: Page 8 of 16 a i �Nm a on H"a LANDOWNER 00— Nmm C4 � a G Cliff d hristie U) LANDOWNER s � O Sally Fxa in Christie E STATE OF ) •� m ss. � o County of ) � U On this i day of ,2007,before me,the undersigned,a Notary Public for the State of Montana, personally a geared Clifford and Sally Franklin Christie, known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and of ed my Notarial Seal the day and year first above written. (P t Name Here) Ca ~, Notary Public or the State of Montana _ • �=i (Seal) Residing at W My Commission Expires: a ! 1 y ry (Use 4 digits for expiration year) 'X4- ' STORY Z41LL NEIGHBORHOOD ANNEXATI0N Agreement: Page 9 of 16 i CITY OF BOZEMAN d. fy M .,rN,,si1 Chris A. Kukulski lip City Manager 9 Cil �lerk STATE OF MONTANA ) Ss. County of Gallatin ) r On this day of L l/ 20�Qf me,a Notary Public for the state of Montana,personally appeared Chris A.Kulkulski and to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman,whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF,I have hereunto set m*cdland ffixed ray Notarial Seal the day and year first abov`wMLMe Here) r the State of Montana al) esngat • My Commission Expires: Wise 4 digits for ex iration year) q o n 00 Sao —IN N �V ..m ro� a� � a a� � U � O U �r U E L J STORY MILL,NEIGHBORHOOD ANNEXATION Agreement Page 10 of 16 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS STORY MILL NEIGHBORHOOD ANNEXATION The undersigned owners of the real property situated in the County of Gallatin,State of Montana,and more particularly described as follows: 5.682 acres of Tract 1 of C.O.S.2503 according to C.O.S of 2547,1.707 acres of Tract A of C.O.S 2505,14.0994 acres of Tract 18 of the Northeast Annexation according to C.O.S 1147,0.6008 acres of subject tract of DOC.#2197610 of record at the Gallatin County Clerk and Recorder's Office, 0.02761 acres of Parcel II,DOC.#2197608 of record at the Gallatin County Clerk and Recorder's Office,0.0336 acres of Parcel I, DOC. #2197608 of record at the Gallatin County Clerk and Recorder's Office, 0.20 acres of Tract 20 of the Northeast Annexation,0.931 acres of Tracts C1 and C2 of C.O.S 1877A, and 0.229 acres of Parcel II, according to Deed Film 175, Page 2596 of record at the Gallatin County Clerk and Recorder's Office, and the adjacent portions of the Story Mill spur railroad right-of-way, and abandoned railroad right-of-way; all which are located in NW'/4 of Section 5, and NE1/4 of Section 6, Township 2 South, Range 5 East and the SE '/4 of Section 31 and the SW'/4 of Section 32,Township 1 South, Range 6 East P.M.M., Gallatin County,Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman,along with accompanying rights and privileges and for other and valuable consideration,the receipt of e-� a which is hereby acknowledged,and in recognition of the impacts to Rouse Avenue,Story Mill Road,Bridget 19 N Q m Drive,Griffin Drive,L Street and Oak Street,which will be caused by the development of the above-described or 0 1°N property, the owner has waived and do hereby waive for itself,its successors and assigns,the right to protest the 4 a01i a creation of one or more special improvement districts including but not limited to the following improvements: a r a paving,curb/gutter,sidewalk and storm drainage facilities for Rouse Avenue,Story Mill Road,Bridget Drive,Griffin Drive,L Street and Oak Street,and signalization improvements for the Rouse Avenue/Oak Street,Griffin Drive/Bridget Drive/Rouse Avenue,and Story Mill Road/BridgerDrive intersections and E trunk sewer and water mains to serve the property. U 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, �r proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 0 LThis waiver shall be a covenant nznning with the land and shall not expire with the dissolution of the U limited partnership,provided however this waiver shall apply to the lands herein described. The terms,covenants and provisions of the Waiver shall extend to,and be binding upon the successors- in-interest and assigns of the parties hereto. DATED this 7 day of Z4_ 12007. STORY MILL NEIGHBORHOOD ANNEN_-�TION Agreement: Page 11 of 16 I`II IIIIII I` '� a I! IIIIII Illll IIIII 1111 lll�l�����������III Illlll III���� ?zs6i f 2 Charlotte Mills-Gallatin Co MTMISC 161.00 LANDOWNER Blue Sky Development,Inc. STATE OF ss. County off\� ) On this ti day of , 2007r before me,the undersigned,a Notary Public for the State of Montana,personally appeared 1 la �.� �c�(' fj, ,known to me to be the of Blue Sky Development,Inc.,the company that executed the within instrument,and acknowl dg to me that he executed the same for and on behalf of said company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 44-Z .K ;' (Print Name Here) Notary Public for the State of Montana (Seal) Residing at ea r,�/_yeAey r My Commission Expires: (Use 4 digits for expiration year) r LANDOWNER Wa e p In STATE OF ss. County of 4., On this e2 day of 4.17_e, 2007,before me,the undersigned,a Notary Public for the State of Montano,personally appeared � known to me to be the of Wake Up Inc., the company that e ecuted the within instrument, and acknow d d to me that he executed the same for and on behalf of said company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Print Name Here) Notary Public for the State of Montana (Seal) Residing at �irlair . I-lev?A,,e& My Commission Expires:���z�er/,��7a/n (Use 4 digits for expiration year) STORY:MILL NEIGHBORHOOD ANNEXATTON Agreement: Page 12 of 16 STORY MILL NEIGHBORHOOD ANNEXATION Agreement: Page 13 of 16 a M T Cq N M o r-- LANDOWNER /y1 r N IN INro m a= m r Christie LANDOWNER N_ JE � E JE a •,� U Sally iqkhn Christie c� STATE OF ) �. ss. . ■ m County of ) On this day of ,2007,before me,the undersigned,a Notary Public U for the State of Montana,personally 4ppred Clifford and Sally Christie,known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand an affixed my Notarial Seal the day and year first above written. (Print Name Here) Notary Public4or the State of Montana (Seal) Residing at My Commission ..,xpires: an (Use 4 digits for expiration year) STORY MILL NI3IGHBORHOOD ANNEXATION Agreement: Page 43 of 16 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS STORY MILL NEIGHBORHOOD ANNEXATION The undersigned owners of the real property situated in the County of Gallatin,State of Montana,and more particularly described as follows: 5.682 acres of Tract I of C.O.S. 2503 according to C.O.S of 2547, 1.707 acres of Tract A of C.O.S 2505,14.0994 acres of Tract 18 of the Northeast Annexation according to C.O.S 1147,0.6008 acres 6 subject tract of DOC.#2197610 of record at the Gallatin County Clerk and Recorder's Office, 0.02761 acres of Parcel II,DOC. #2197608 of record at the Gallatin County Clerk and Recorder's Office,0.0336 acres of Parcel I,DOC.#2197608 of record at the Gallatin County CIerk and Recorder's Office,0.20 acres of Tract 20 of the Northeast Annexation,0.931 acres of Tracts Cl and C2 of C.O.S 1877A,and 0.229 acres of Parcel II,according to Deed Film 175, Page 2596 of record at the Gallatin County Clerk and Recorder's Office,and the adjacent portions of the Story Mill spur railroad right-of-way,and abandoned railroad right-of-way;all which are located in NW'/a of Section 5,and NE'/a of Section 6,Township 2 South,Range 5 East and the SE'/a of Section 31 and the SW'/4 of Section 32,Township 1 South,Range 6 East P.M.M., Gallatin County,Montana. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman,along a with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby a CO acknowledged,and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal o r- a W N co— park areas to serve City residents,the owners have waived and do hereby waive for themselves,their successors and assigns, � ro� w� N a s the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks m �� o m Maintenance District,or to make any written protest against the size or area or creation of the district to be assessed in rw�l� response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. � U UI In the event City-wide harks Maintenance or Special Improvement Districts are not utilized for the City-wide park E � O maintenance,we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property,linear front footage of the property,taxable valuation of � R U I q the property,or a combination thereof. E This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited i y O partnership,provided however this waiver shall apply to the lands herein described. v The terms,covenants and provisions of the Waiver shall extend to,and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this�' dad of 2007. STORY MILL NFUGHBORi IOOD ANNEXATION Agreement: Page 14 of 16 i LANDOWNER Blue Sky Development,Inc. STATE OF S5. County of On this 7 01\ day of 2007,before me,the undersigned,a Notary Public for the State of Montana,personally appeared per Ve-x- ,known to me to be the 1-\AM'130 t _of Blue Sky Development,Inc.,the company that executed the within instrument,anw acknowledged to me that he executed the same for and on behalf of said company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ef (Print Name Here) otary Public for the State of Mon//��ana (Seal) Residing at / �tmw7; ��rtfnil`c My Commission Expires: 01. (Use 4 digits for expiration year) LANDOWNER a Wake Up I c. Cq a� N© STATE OF o r ss. a �me 00— County of IN O. On this ZOO _day of " ,2007,before me,the undersigned,a Notary Public for the State of Montana, personally appearedQ known to me to be the of Wake Up Inc., the company that exe uted the within instrument, and acknow dg d to me that he executed the same for and on behalf of said company. � U E IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year € first above written. (Print Name Here) Notary Public for the State of Montana y 06 Residing at E My Commission Expires: (nc-lam>� (Use 4 digits for expiration year) r STORY MILL NFIGHBORI1OOD ANNEXATION Agreement: Page 15 of 16 F _ a N m MNm °a LANDOWNER �aa N�a a- 0 � a ChfAjh Christie LANDOWNER E - F E � rrrrII M1, V � y w Sally Fra n Christie STATE OF ) � .. ss. County of On this day of 2007,before me,the undersigned,a Notary Public for the State of Montana,personally ap eared Clifford and Sally Christie,known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand an £fixed my Notarial Seal the day and year first above written. (Print Name Here) Notary Public or the State of Montana Residing at My Commission Apires. (Use 4 digits for expiration yeas) 3` STORY MILL NEIGHBORHOOD ANNEXATION Agreement: Page 16 of 16 exation of Adjacent Right of Way Affidavit I 4 tin County, administrative head or owner, and holder of beneficial terest�in the street rights of way described on Exhibit A attached hereto and made part h of, do hereby acknowledge and agree to the annexation of these street rights of way by the City of Bozeman. Dated this day of , 2007 By: Title: 28 0023 iP Charlotte Mills-Gallatin CO MTMISC 161.00 I EXHIBIT STORY MILL ROAD EASEMENT STORY MILL ROAD EASEMENT OVER CERTAIN TRACTS OF LAND W SECTIONS 5&6, TOWNSHIP 2 SOUTH,RANGE 6 EAST,P.M.M.,AND IN SECTIONS 31&32, TOWNSHP 1 SOUTH,RANGE 6 EAST,CITY OF BOZEMAN,MONTANA LEGAL DESCRIPTON-EASEMENT AREA An area of land located in Section 31 and Section 32,Township 1 South,Range 6 East, and in Section 5 and Section 6,Township 2 South,Range 6 East,Principal Meridian Montana(P.M.M),City of Bozeman,Gallatin County,Montana being more particularly described as follows- BEGINNING at a calculated position from which the southeast corner of said Section 31,bears South 00°48'33"East a distance of 494.64 feet; thence South 89°10'05"East a distance of 29.94 feet to a calculated position; thence South 89°24'27"East a distance of 15.11 feet to a calculated position; thence South 00'48'17"East a distance of 344.55 feet to a calculated position; thence south a distance of 224.27 feet along a tangential curve concave east having a radius of 655.00 feet,a central angle of 19`37'06",a chord bearing of South 10'36'50"East and a chord length of 223-18 feet to a calculated position; thence South 20"25'23"East a distance of 100.18 feet to a calculated position; thence south a distance of 244.32 feet along a tangential curve concave east having a radius of 465.00 feet,a central angle of 30'45'56",a chord bearing of South 35'48'21"East and a chord length of 241.39 feet to a calculated position; thence South 51°11'19"East a distance of 105.87 feet to a calculated position; thence southeast a distance of 163.65 feet along a tangential curve concave southwest having a radius of 105.00 feet,a central angle of 48'05'06",a chord bearing of South 27'08'46"East and a chord length of 158.89 feet to a calculated position; thence South 03'06'13"East a distance of 80.18 feet to a calculated position; thence North 89'58'17"West a distance of 90.13 feet to a calculated position; thence North 03"06'13"West a distance of 75.26 feet to a calculated position; thence north a distance of 88.12 feet along a tangential curve concave west having a radius of 105.00 feel,a central angle of 48'05'06",a chord bearing of North 27'08'46"West and a chord length of 85.56 feet to a calculated position; thence North 51'11'19"West a distance of 105.87 feet to a calculated position; thence northwest a distance of 292.64 feet along a tangential curve concave northeast having a radius of 545.00 feet,a central angle of 30'45 56",a chord bearing of North 35'48'21"West and a chord length of 289.14 feet to a calculated position; thence North 20'25'23"West a distance of 100.18 feet to a calculated position; thence north a distance of 255.09 feet along a tangential curve concave east having a radius of 745-00 feet,a central angle of 19'37'06",a chord bearing of North 10"36'50"West and a chord length of 253.85 feet to a calculated position; thence North 00`48'17"West a distance of 101.98 feet to a calculated position; thence North 89'40'26"East a distance of 45.05 feet to a calculated position; thence North 00"49'32"West a distance of 244.17 feet to the Point of Beginning containing 2.358 acres,more or less. 31 ,7 e Ile x •�„'.� , i7 iT4766AE� -...._ -.� ■ - FCL VICINTY MAP SCALE 1"=2000' N DRAWN 6Y' TO ALPINE 1970 SfeGium Dtive. HYALITE DATE: 4-24-01 se PROJECT No. 001-07 eoro"�e ,Mr s9"5 PAGE 1 OF 2 586,5599 011im FILE NAME: SUN SMR 586."90 III II IIIII IIIII IIIIII II II IIII IIIIIII III FIaI IIIII I III z2s 1 07 1P Charlotte Mills-Gallatin Co MTMISC 161.00 71 EXHIBIT STORY MILL ROAD EASEMENT AREA STORY MILL ROAD EASEMENT OVER CERTAIN TRACTS OF LAND IN SECTIONS S S 6,TOWNSHIP 2 SOUTH,RANGE 6 EAST,P.M.M., AND IN SECTIONS 31 8 32,TOWNSHIP 1 SOUTH,RANGE 6 EAST,CITY OF BOZEMAN,MONTANA P.O.B _———— S 69°19 05"E-29.94' S89°24'27"E-15.11' 45'STORY MILL ROAD EASEMENT -----—-- (PER THIS EXHIBIT) _ EXISTING 45'STORY MILL ROAD EASEMENT EXISTING 30'STORY MILL Go ROAD EASEMENT r N N 89°40' 6"E-45.00' 45'STORY MILL ROAD EASEMENT � (PER THIS EXHIBIT) EXISTING 60'STORY MILL 3: ROAD EASEMENT 1 � � CLIFFORD 8 SALLY CHRISTIE PARCEL II a DEED FM 175,P.2596 0 z 90'STORY MILL ROAD EASEMENT (PER THIS EXHIBIT) CURVE R=745.00' 6=19°3T6" L=255.09' WAKE-UP INC. PARCEL I SE 31 SEC.32 DOC.#2197606 I BLUE SKY DEVELOPMENT n.naeaewar TRACT 1T WAKE-UP INC. PARCEL II SEC. SEC.5 CURVE C.O.S.1977A ooc.#2197608 GRIFFIN DRIVE R=655.00' A=19°3T 6" L=2242T 1q t WAKE-UP INC. TRACT 18 NORTHEAST ANNEXATION CURVE C.O.S 1147 R=455.00' d=30°45'56" 1 L=244.32' 90'STORY MILL ROAD EASEMENT (PER THIS EXHIBIT) CURVE R=545.00' A=30°45'56" L=292.64' F CURVE R=195.00' A=48°5'6" L=163,65' 81, LEGEND Property Boundary Line ------- Easement Boundary Line Existing Easement Boundary Line N CURVE ————— Section/Interior Section Line R=105,00' ens s of aena cwaeeo Norm® A=48"5 6" O Calauiated Position > o s vosnron L=88.12' 1 s s4es3^ � Lort9,W1114"91 274848J- Area Of Easement M 0 DRAWN 81: TG 1870 5ladum Drne, LI�II\I� 5u1 B PAGE 2 OF 2 HYALITE DATE: 4-24A7 Bozeman,MT 59715 e w c 1 w e e n s PROJECT NO. 001�7 586.5599 off FILE NAME: sMN sMR 5 .4 W Fax IIIIII IIIII IIIII Illlll IIIII IIII IIIIIII III IIII II II III 22$1 1 Charlotte Mills-Gallatin Co MTMISC 161.00