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
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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:
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. ='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
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Simmental Annexation Agreement 12
CITY OF BOZEMAN
C�� X�La-
By: Chris A. Kukulski, City Manager
130
ATTEST:
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Clerk of he mtriisston,,�`
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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
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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:
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Ap•I 19,2018
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''�,��� ° • l,'... ��'�o` Notary Public for the State of ft kL 1'llZ
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My Commission Expires:
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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
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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
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N 44'26'3 W \/\
27.69'
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LOT 1A OLK)
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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�
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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