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HomeMy WebLinkAbout14- Simmental Annexation Agreement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 2493953 Page: 1 of 24 10/07/2014 02:51:54 PM Fee $168,00 Charlotte Mills - Gallatin County, MT MISC 11111111111111 III 11111 IIII IIII111111111111111111111111111111111111111111111111111 IIII IIII SIMMENTAL ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 5 `day of n/(a 2014, 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 American Simmental Association, 1 Simmental Way, 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 SLMNIENTAL ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised of two tracts described as follows: Campbell Road Right-of-Way A tract of land being a portion of the Campbell Road Right-of-Way adjacent to the northern boundary of Lot 1, Block 2 of the Amended Plat of Walker property Subdivision, located in Southeast One-Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Simmental Annexation Agreement I BEGINNING at a Gaston yellow plastic cap at the northwest corner of said Lot 1, from which a Gaston yellow plastic cap bears North 89' 59' 52" West a distance of 3.60 feet; thence North 01' 39' 19" West a distance of 60.03 feet to a calculated position; thence South 89' 59' 52" East a distance of 73.08 feet to a calculated position; thence east a distance of 226.56 feet along a tangential curve concave south having a radius of 767.73 feet, a central angle of 16' 54' 30", a chord bearing of South 81' 32' 38" East and a chord length of 225.74 feet to a calculated position to a calculated position; thence South 16' 54' 37" West a distance of 60.00 feet to a Gaston yellow plastic cap; thence west a distance of 208.86 feet along a non-tangential curve concave south having a radius of 707.77 feet, a central angle of 16' 54' 27", a chord bearing of North 810 32' 39" West and a chord length of 208.10 feet to a calculated position; thence North 890 59' 52" West a distance of 71.34 feet to the Point of Beginning containing acres 0.4000 acres more or less. A tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1A of Section 26, TIS, RSE, PMM, Gallatin County, Montana and being further described as follows: Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE corner of the intersection of Springhill Road and Campbell Road;thence from said point of beginning along the southerly right-of- way of Campbell Road the following two courses, (1) S89059'52"E 74.94 feet and (2) along a curve to the right with a radius of 707.77 feet 208.86 feet to a point on the westerly line of the Common Open Space Tract in said Block 2; thence along said line the following two courses, (1) S41°15'21"E 598.12 feet, and (2) S39°54'20"W 121.62 feet to a point on the northerly right-of-way line of North 191'Avenue; thence along said line the following three courses, (1) along a non-tangent curve to the left having a radial bearing of N37°25'00"E, a radius of 1094.93 feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and distance ofN70°25'33W 268.10 feet, and (3) N73°01'05"W 112.20 feet to a point on the easterly right-of-way line of Springhill Road; thence along said line the following three courses, (1) along a non-tangent curve to the right having a radial bearing of S87°21'38"W, a radius of 7579.40 feet 177.41 feet, (2)N44°26'32"W 27.69 feet, (3) NOI046'48"E 125.23 feet to the point of beginning. Said Tract being 4.318 acres. All as depicted on the Simmental Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and Simmental Annexation Agreement 2 WHEREAS, the SIMMENTAL 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, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the SIMMENTAL ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the SLVIlVIENTAL 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, Mont. Code Ann. 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 SEVIMENTAL 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 SIMMENTAL 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. WITNESSETH- 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. Simmental Annexation Agreement ; 2. Annexation The Landowner filed an application for annexation of the SIMIMIENTAL ANNEXATION with the City on October 30, 2013. By execution of this Agreement, the City manifests its intent to annex the SWOENTAL ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the SIIV MENTAL 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 SIMMENTAL ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the SIMMENTAL ANNEXATION existing City services only to the extent currently available, or 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 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 SIMIVIENTAL 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 SUV[MENTAL 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 Simmental Annexation Agreement 4 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 SIMMENTAL ANNEXATION. Nothing in this Agreement shall obligate the City to pay for fight-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the SUVIMENTAL ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. b. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in- lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.23.180, Bozeman Municipal Code. The amount of water rights or cash-in- lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in- lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perform a water rights search to determine if any exist for this property. Any water rights that exist for this property must be transferred to the City of Bozeman prior to development. If insufficient water rights exist, cash in lieu of water rights, in an amount determined by the Director of Public Service, must be paid prior to development. 7. Comprehensive Water and Water Design Report Simmental Annexation Agreement 5 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 SIMMENTAL ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations 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 SIMIVIENTAL 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 SINEVIENTAL 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 SIMIVIENTAL 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. Simmental Annexation Agreement 6 9. Solvent Site Water Main Payback District At the time of connection to the improvements paid for by the District, the City shall calculate the financial contribution to the payback district as set forth in Resolution 3519 dated May 28, 2002. The contribution cost shall be calculated by the City at a rate of$0.082 per square foot plus the cost of the consumer price index adjustment. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the SMIMENTAL 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. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 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. 11. 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. Simmental Annexation Agreement 7 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 Springhill Road and Campbell Road and signalization improvements for the following intersections: a) Springhill Road and N. 191h Avenue and b) Springhill Road and Frontage Road. 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 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. 12. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement shall be provided for Springhill Road as needed to provide one-half the width of a Minor Arterial Standard Right of Way the length of the subject property, The Landowner, at its sole expense, has created such an easement in a Iocation and form agreeable to the City and the casement will be filed at the Gallatin County Clerk and Recorder's Office, 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of Campbell Road fronting this property will be required to be improved to a City standard local street including curb/gutter, boulevard, and sidewalk or as specified in the Walker Property PUD. 13. Impact Fees Simmental Annexation Agreement 8 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. As approved by the City, the land owners and their successors shall pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water. D) Sewer impact fees as required by Chpt. 2, Art, 6. Div. 9 BMC, or as amended, at the time of connection to city sewer. 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 SINIl\IENTAL ANNEXATION 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, Simmental Annexation Agreement 9 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. 14. 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 SIMMENTAL ANNEXATION. The parties further agree that the City may file these documents at any time. 15. 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. Attorneys 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. 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. Simmental Annexation Agreement 10 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. 22. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the SINM ENTAL 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. LANDOWNER H r 0-4' t y f at' Simmental Annexation Agreement 11 American Simmental Association By: Lt.Wbf* �C�sl+� G►=c� STATE OF Q VLa } :ss COUNTY OF Q�� ) On this i ;� day ofApr-, I , 2014, before me, t e undersigned, a Notary mublic for the State'of YK.O K-t ct.nk , personally appeared L'IrLda es e.r own to me cVohAlandowner that executed the within instrument, and acknowledged to e that he executed the same for and on behalf of landowner. �`y� „•_ICan O In en+ C& IN WITNESS WHEREOF, I have hereunto s in and and affixed my official 1 eal the day and year first above written. o; MARILYN G ROTH P r , Notary Public DIAR1g4?=for the Stale of Montana i' Residing at: G. p�� :(P. Bozeman, Montana Q 9�F P. My commission Expires: �.'NpTARlq�.•S= r(' ' a 18 ,2 _ a n • C (Printed Name H re) . ='T- Notary Public for the State of myit Q yt_c� %.4T• . • • • • . Residin at C r1 1 -F /,//���� ,Cilllti������``;1` My Commission Expires: I a0 I (Use 4 digits for expiration yea ) Simmental Annexation Agreement 12 CITY OF BOZEMAN C�� X�La- By: Chris A. Kukulski, City Manager 130 ATTEST: � . . 9 U r `,' • - r - t Clerk of he mtriisston,,�` _ s . STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this (34day of "am , 2014, before me, a Notary Public for the state of Montana, personally appeared dhris Kukulski and Stacy Ulman, known to me to the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Am Prin ed Name Here ePUNC AIMEE BRUNCKHORST ( ) a� ao��A%k.a9N� NOTARY PUBLIC for the Notary Public for the State of Montana Stat -f�Anntana Residing at N. SEAL.r Residing at 3eigraoe,Montana "9 = My Commission Expires My Commission Expires: ogod December 04,2016 (Use 4 digits for expiration year) Simmental Annexation Agreement 13 EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT SIMMENTAL ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SEi/4 of Section 26, T1S, RSE, PMM, Gallatin County, Montana and being further described as follows: Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE corner of the intersection of Springhill Road and Campbell Road; thence from said point of beginning along the southerly right-of- way of Campbell Road the following two courses, (1) S89°59'52"E 74.94 feet and (2) along a curve to the right with a radius of 707.77 feet 208.86 feet to a point on the westerly line of the Common Open Space Tract in said Block 2; thence along said line the following two courses, (1) S41°15'21"E 598.12 feet, and (2) S39°54'20"W 121.62 feet to a point on the northerly right-of-way line of North 19`b Avenue; thence along said line the following three courses, (1) along a non-tangent curve to the left having a radial bearing of N37°25'00"E, a radius of 1094.93 feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and distance ofN70°25'33W 268.10 feet, and (3) N73°O1'05"W 112.20 feet to a point on the easterly right-of-way line of Springhill Road; thence along said line the following three courses, (1) along a non-tangent curve to the right having a radial bearing of S87°21'38"W, a radius of 7579.40 feet 177.41 feet, (2)N44026'32"W 27.69 feet, (3) NO 1°46'48"E 125.23 feet to the point of beginning. Said Tract being 4.318 acres. 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 Simmental Annexation Agreement 14 and equitable assessment of maintenance costs for City parks, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property, This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this �I-day of� 52014. LANDOWNER C�" A er'can Simmental Association By: i✓ K[ V. A K,Es�i_ STATE OF I& a rt ) :ss COUNTY OF a� ) On this day of Aflrl 2014, before me the undersigned, a Notary Public for the State of rt'ta-rip` , personally appeared 4:tK a f{�s kr. e,Fp DQ�_ known to me to be the landowner that executed the within instrument, and acknowledged o� me that he executed the same for and on behalf of landowner. *- 1Co-f\ 5I(`I'(1me1't&t tcho IN WITNESS WHEREOF, I have hereunto set my hand and affixed m eal the day and year first above written. MARILYN G ROTH Pe 0j Notary Public for the State of Montana la • , 1 �i —— - Residing at: O �� * SEA[..=.,= Bozeman, Montana (SE �'r i A^j r , y'y ? ? My Commission Expires: OF ' uF Ap•I 19,2018 "`'"'` '"-' • (Printed Nam6 Here) ''�,��� ° • l,'... ��'�o` Notary Public for the State of ft kL 1'llZ `` Residing at 30ze r1 T My Commission Expires: (Use 4 digits for expiration ye ) Simmental Annexation Agreement 15 EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL tMPROVEMENT DISTRICTS SIMMENTAL ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE 1/4 of Section 26, T 1 S, RSE, PMM, Gallatin County, Montana and being further described as follows: Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE corner of the intersection of Springhill Road and Campbell Road; thence from said point of beginning along the southerly right-of- way of Campbell Road the following two courses, (1) S89°59'52"E 74.94 feet and (2) along a curve to the right with a radius of 707.77 feet 208.86 feet to a point on the westerly line of the Common Open Space Tract in said Block 2; thence along said line the following two courses, (1) S41°15'21"E 598.12 feet, and (2) S39°54'20"W 121.62 feet to a point on the northerly right-of-way line of North 19t' Avenue; thence along said line the following three courses, (1) along a non-tangent curve to the left having a radial bearing of N37°25'00"E, a radius of 1094.93 feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and distance of N70°25'33W 268.10 feet, and (3) N73°01'05"W 112.20 feet to a point on the easterly right-of-way line of Springhill Road; thence along said line the following three courses, (1) along a non-tangent curve to the right having a radial bearing of S87°21'38"W, a radius of 7579.40 feet 177.41 feet, (2)N44°26'32"W 27.69 feet, (3) NO 1 046'48"E 125.23 feet to the point of beginning. Said Tract being 4.318 acres. 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 Springhill Road and Campbell Road and the intersections of Springhill Road and N. 191h Avenue and Springhill Road and Frontage Road 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: paving, curb/gutter, sidewalk, storm Simmental Annexation Agreement 16 drainage facilities for Springhill Road and Campbell Road and the intersections of Springhill Road and N. I9'h Avenue and Springhill Road and Frontage Road, 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_q� day of I , 2014. Simmental Annexation Agreement 17 LANDOWNER a Ai2�� I can Simmental Association By: 0"t KEs/_ErL_ STATE OF ! 6 r+L 4 r1Q ) :ss COUNTY OF Go, On this day of r t 2014, before me, th undeisigned, a Notary Public for the State of D Etta , personally appeared L i as Wee (P_r (NU�known to me to be the landowner that executed the within instrument, and acknowledged to me that h executed the same for and on behalf of landowner. �Y j�(��1 (m rtl�(l�IaQ _ lc7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. fKC,r P1 TAR/q4 y c (Printed Name Here) Notary Public for the State of MD K_6_X.0' NSEAL.-., Residingat Oze n A17�� My Commission Expires: ,FpF�Mp `�\`` (Use 4 digits for expiration yea MARILYN G ROTH �,• Notary Public for the State of Montana Residing at: Boz cP�. Vic; eman, Montana •.•..e' My Commission Expires: OF Mo April 19,2018 Simmental Annexation Agreement 18 N ALKRk PRIIPERIY I yI7i1)1\'1 IIl\ CY)\1\1UV I1PF.X SP.AC'F. ' S(AI.I? N 1'39'19"W I I R-787 WALKER PRPPRM " L-32e.7J I SI'OI)II'M N' 11.0h- 111 60.03' S 89.59'52"E Xa�1e'i�o� I I.UI':61.K I S 89 3.60' 'E ( O6' \ S 16'54'35"W .60 J� /` EXHIBIT A SIMMENTAL ANNEXATION MAP < �` n } x/ ,�/ \�` / / 1" �L,. to BOZEMAN, MONTANA /\� k A TRACT OF LAND SITUATED IN THE TK)f:.1RT 5['k I h X \ \ h \ \ \ /� \\ \ / / SE 1/4 OF OF SECTION 26 `/)_ Z x \/\ n/\ \� T1S) R5E P.M.M. (�ALLATIN COUNT .. N 44'26'3 W \/\ 27.69' R= 5 .40 I -,�x4, x ys N'.\I.KF.R PRf1P1:kn e / \/�\ \/ 21LtOa 14K \�/ /\'P-`'/, cnafafo�ur[a; P.0 n ^ PROY m /x ySUiZDWSI'"U , /\ / \ / 72,A 'RES/ 20. RIGI N()kTH T OF aTA} v /A \/h \ WALKER PROPERTY \ \ \\ - LOT 1A OLK) \\\ \\ 2 SI\IJIIE TAT.AN E%ATION NIAP �fADiSON ENGINEERINGEMIT RIT A LOT I F3LK z .o.vru.ou><a wsr.=nor�o. DRAWN BY:CGO WALKER PROPERTY SUBDIVISION PUD r='7�> < 1*a. DATE: 4/08/14 BOZI-AIAh Nrr PROJECT 13-142 C.t`y of Bozeman-City Clerk 2484594 P.O. Box 1230 Page- 1 of 5 06/27/2014 02 33:37 PM Fee $35 00 Charlotte Mills - Gallatin County, MT M1SC Bozeman, MT 59771-1230 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111111111111111111111 soz� 0. J=712 COMMISSION RESOLUTION NO. 4525 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS,the City of Bozeman received a request for annexation from First Montana Bank requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 4.718 acres, lying southeast of the intersection of Campbell Road and Springhill Road; and WHEREAS, American Simmental Association, is the current landowner of record of property described as Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SEl/4 of Section 26, TIS, R5E, PMM, Gallatin County, Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; 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 January 13,2014; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on January 13,2014; and WHEREAS, no members of the public spoke in opposition to said annexation at the public meeting; and Page 1 of 4 Resolution 4525, Simmental Annexation The described parcel has an area, including adjacent road right-of-ways, of 4.719 acres, more or less and is along with and subject to any existing easements as described on the Simmental Annexation Map. Section 2 The effective date of this annexation is April 21,2014. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated April 21, 2014, by and between the City of Bozeman and American Simmental Association owner of said tract of land. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,at a regular session thereof held on the 21 st day of April,2014. JEF USS g,0 ZEA? Ma r ATT S3 7 • ' " �`.� . r`r y STA City lJr' c-`. . APPROVED AS TO FORM: GREG ULLIVAN City Attorney Page 4 of 4 Resolution 4525, Simmental Annexation WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on January 13, 2014, the Commission preliminarily approved the annexation and authorized City Staff and Vision Development to prepare and execute the final annexation agreement to be presented for consideration at a future City Commission meeting; and WHEREAS, on April 21, 2014, the Commission reviewed and approved the final annexation agreement and authorized City Staff and the Landowner to execute the documents; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of S1D's, reimbursement of the Bozeman Solvent Site Payback District, and water and sewer hookup fees,to said contiguous tract as described is the subject of a written agreement between the City and the Landowner: and WHEREAS, said contiguous tract is known as Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE 1/4 of Section 26, T1 S, RSE, PMM, Gallatin County, Montana; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 4.718 acres,to wit: Page 2 of 4 Resolution 4525, Simmenlal Annexation Lee,al Description An area of land comprised of two tracts described as follows: Campbell Road Right-of-Way A tract of land being a portion of the Campbell Road Right-of-Way adjacent to the northern boundary of Lot 1,Block 2 of the Amended Plat of Walker property Subdivision, located in Southeast One-Quarter of Section 26, To\Nmslup 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: BEGINNING at a Gaston yellow plastic cap at the northwest corner of said Lot 1, from which a Gaston yellow plastic cap bears North 89' 59' 52" West a distance of 3.60 feet; thence North Ol° 39' 19" West a distance of 60.03 feet to a calculated position; thence South 89' 59' 52" East a distance of 73.08 feet to a calculated position; thence east a distance of 226.56 feet along a tangential curve concave south having a radius of 767.73 feet, a central angle of 16' 54' 30", a chord bearing of South 81° 32' 38" East and a chord length of 225.74 feet to a calculated position to a calculated position; thence South 16' 54' 37" West a distance of 60.00 feet to a Gaston yellow plastic cap; thence west a distance of 208.86 feet along a non-tangential curve concave south having a radius of 707.77 feet, a central angle of 16' 54' 27", a chord bearing of North 81° 32' 39" West and a chord length of 208.10 feet to a calculated position; thence North 89' 59' 52" West a distance of 71.34 feet to the Point of Beginning containing acres 0.4000 acres more or less. A tract of land being Lot 1, Block 2, Walker Property Subdivision,a Planned Unit Development, situated in the SEI/4 of Section 26, T1S, RSE,PMM, Gallatin County, Montana and being further described as follows: Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE corner of the intersection of Springhill Road and Campbell Road; thence from said point of beginning along the southerly right-of- way of Campbell Road the following two courses, (1) S89059'52"E 74.94 feet and (2) along a curve to the right with a radius of 707.77 feet 208.86 feet to a point on the westerly line of the Common Open Space Tract in said Block 2;thence along said line the following two courses, (1) S41°15'21"E 598.12 feet, and (2) S39°54'20"W 121.62 feet to a point on the northerly right-of-way line of North 19`h Avenue; thence along said line the following three courses, (1) along a non-tangent curve to the left having a radial bearing of N37°25'00"E, a radius of 1094.93 feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and distance of N70°25'33W 268.10 feet, and (3)N73°01'05"W 112.20 feet to a point on the easterly right-of-way line of Springhill Road; thence along said line the following three courses, (1) along a non-tangent curve to the right having a radial bearing of S87°21'38"W, a radius of 7579.40 feet 177.41 feet, (2)N44026'32"W 27.69 feet, (3) NO1°46'48"E 125.23 feet to the point of beginning. Said Tract being 4.318 acres. Page 3 of 4 i W.U.KRN SUBDIISR)N VISMNCIY i .. 1 COMMON OPEN SPACE j' SCALE n 1'3999'w I I A 7 7j WALKER PROPERTY n r �_ SUBDIVISION 14—h- 60 60.03' S 89'S9'S2'E v�dd g' � / ' LOT,., S 8959'57'E 1 \ x f` ��•`_ S 16.54'.35'w j 3.60' B0.00' B9'59'5 �e,; EXHIBIT A 1 74 ' / SIMMENTAL ANNEXATION MAP 1 : x/ /'/ \ / / -- `'�'��,, to BOZEMAN MONTANA x > '�i i, >` A TRACT OF LAND SITUATED IN THE BO4'.uTBLB x T x /�\ �. /\/\ �: ` ` ` SE 1/4 OF OF SECTION 26 '� TIS, RSE P.M.M. GALLATIN COUNTY 17.69' a / WALKER PROPERII DIVISION 's ON OPEN SPACE SU DI�S101,)VVD\ V/ RIGHTOFWAY %V.%LKER PROPERTY \ \ 1 sUBU1Vl610a; SINIMENTAL,ANAEXArIONMAP hIADISONENGINEERING EIiHIBITA LOT 1 BLK 2 w.na°.wlcYm)o.>iT.tau oRAWN BY:CCR AVALKL'R PROPERTY SUBDIVISIOVPUD eazauxRl»n. DaTE:4/06J14 BOZEMAN,INIT ""y""'�" "« PROJECT 13-142