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HomeMy WebLinkAboutResolution 4565 Springhill Holdings LLC, Alexander Annexation 1 City of Bozeman-City Clerk 2505419 P.O. Box 1230 Page: 1 of 22 03/05/2016 10:30:26 AM Fee: $154. l3ozeman, AIT 59771-123000 IIIIIIICharII Ilitlllllllllllllllllllllllllll I IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIIII MISC w • PLATTED COMMISSION RESOLUTION NO. 4565 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 2.591 acres, lying northeast of the intersection of Frontage Road and Springhill Road; and WHEREAS, Springhill Holdings LLC, is the current landowner of record of property described as Lot IA, Block 6, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, RSE, 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 August 25,2014; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on, August 25,2014; and WHEREAS, no members of the public spoke in opposition to said annexation at the public meeting; and 1 Resolution 4565,Alexander Annexation WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on August 25, 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 November 17, 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 SID'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 IA, Block 6, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, 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 2.591 acres,to wit: Page 2 of 4 Resolution 4565, Alexander Annexation Legal Descri tp ion A area of land being Lot 1A, Block 6 of the Amended Plat of Walker Property Subdivision and portions of Reeves Road West, 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: BEGINNING at a Gaston yellow plastic cap at the southwest corner of said Lot 1A; thence North 25' 52' 30" East a distance of 30.25 feet to a Montana Department of Highways red plastic cap ; thence northeast a distance of 258.55 feet along a non-tangential curve concave northwest having a radius of 557.50 feet, a central angle of 26' 34' 19", a chord bearing of North 12' 36' 00" East and a chord length of 256.24 feet to a calculated position; thence North 03' 56' 16" West a distance of 60.00 feet to a calculated position; thence east a distance of 137.17 feet along a non-tangential curve concave south having a radius of 215.15 feet, a central angle of 36' 31' 45", a chord bearing of South 75' 53' 09" East and a chord length of 134.86 feet to a calculated position; thence South 32' 22' 43" West a distance of 60.00 feet to a calculated position ; thence southeast a distance of 9 8.10 feet along a non-tangential curve concave southwest having a radius of 155.15 feet, a central angle of 36' 13' 40", a chord bearing of South 39' 30' 27" East and a chord length of 96.47 feet to a calculated position; thence South 21° 23' 52" East a distance of 120.97 feet to a calculated position; f thence North 68' 36' 08" East a distance of 60.00 feet to a calculated position; thence South 21° 23' 52" East a distance of 211.01 feet to a calculated position; thence South 68' 36' 08" West a distance of 60.00 feet to a calculated position; thence south a distance of 121.35 feet along a non-tangential curve concave west having a radius of 120.00 feet, a central angle of 57' 56' 18", a chord bearing of South 07' 34' 25" West and a chord length of 116.24 feet to a Gaston yellow plastic cap; thence North 53' 27' 23" West a distance of 411.76 feet to the Point of Beginning containing acres 2.591 acres more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. The described parcel has an area, including adjacent road right-of-ways, of 2.591 acres, more or less as described on the Alexander Annexation Map. Section 2 The effective date of this annexation is November 18,2014 f I Page 3 of 4 Resolution 4565, Alexander Annexation Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated October 31, 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 17t" day of November, 2014. M. JE K. SS a or ATTEST: ST C '-'U N Ci C _ APPRVED AS TOORM: GREY SULLIVAN City Attorney Page 4 of 4 Inter-office Originalo_ City of Bozeman City Clerk 121 N.Rouse Avenue Bozeman MT 59715 ALEXANDER ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this / day of , �-lo 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 Springhill Holdings, LLC, 145 Jeana Lei Ct,Bozeman MT 59715-7849, hereinafter referred to as "Landowner". - f WITNESSETH: .F WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the ALEXANDER ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: A area of land being Lot IA,Block 6 of the Amended Plat of Walker Property Subdivision and portions of Reeves Road West, 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: BEGINNING at a Gaston yellow plastic cap at the southwest corner of said Lot IA; thence North 25' 52' 30"East a distance of 30.25 feet to a Montana Department of Highways red plastic cap ; thence northeast a distance of 258.55 feet along a non-tangential curve concave northwest having a radius of 557.50 feet, a central angle of 26' 34' 19", a chord bearing of North 12' 36' 00"East and a chord length of 256.24 feet to a calculated position; thence North 03' 56' 16" West a distance of 60.00 feet to a calculated position; thence east a distance of 137.17 feet along a non-tangential curve concave south having a radius of 215.15 feet, a central angle of 36' 3 P 45", a chord bearing Alexander Annexation Agreement Page 1 of 18 "' of South 75' 53' 09"East and a chord length of 134.86 feet to a calculated position; thence South 32'22'43" West a distance of 60.00 feet to a calculated position; thence southeast a distance of 98.10 feet along a non-tangential curve concave southwest having a radius of 155.15 feet, a central angle of 36' 13'40", a chord bearing of South 39' 30'27"East and a chord length of 96.47 feet to a calculated position; thence South 21'23' 52"East a distance of 120.97 feet to a calculated position; thence North 68' 36' 08"East a distance of 60.00 feet to a calculated position; thence South 21°23' 52"East a distance of 211.01 feet to a calculated position; thence South 68' 36' 08" West a distance of 60.00 feet to a calculated position; thence south a distance of 121.35 feet along a non-tangential curve concave west having a radius of 120.00 feet, a central angle of 570 56' 18", a chord bearing of South 07' 34'25" West and a chord length of 116.24 feet to a Gaston yellow plastic cap; thence North 53'27'23" West a distance of 411.76 feet to the Point of Beginning containing acres 2.591 acres more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS,the ALEXANDER ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2,Part 46,MCA; and WHEREAS, all parties recognize the annexation of the ALEXANDER ANNEXATION pursuant to Section 7-2-4601, et seq., MCA will allow the ALEXANDER ANNEXATION to connect i to and utilize City services, including municipal water and sewer service, fire service, and the City's street system; and WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and j WHEREAS, the parties recognize additional development on the ALEXANDER 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 i Alexander Annexation Agreement Page 2 of 18 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 ALEXANDER ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESETH: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the ALEXANDER ANNEXATION with the City on June 18, 2014. By execution of this Agreement, the City manifests its intent to annex the ALEXANDER ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2,Part 46,MCA the City shall,upon execution of this Agreement, adopt a Resolution of Annexation of the ALEXANDER 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 ALEXANDER ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the ALEXANDER ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. Alexander Annexation Agreement Page 3 of 18 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 ALEXANDER 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 ALEXANDER ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40,Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the ALEXANDER ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the ALEXANDER ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in- lieu of water rights shall be further provided upon development or subdivision of the property in Alexander Annexation Agreement Page 4 of 18 accordance with Section 38.23.180, BMC. The amount of water rights or cash-in-lieu thereof due at the time of 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 Landowner 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 in accordance with Section 38.23.180,BMC. 7. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the ALEXANDER ANNEXATION to complete, at Landowner's expense, the r' necessary system improvements to serve the proposed development. Alexander Annexation Agreement Page 5 of 18 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 ALEXANDER 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 ALEXANDER 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 ALEXANDER 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. At the time of future development the portion of Reeves Road fronting this property will be required to be improved to a city standard local street including curb/gutter,boulevard, and sidewalk. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the ALEXANDER ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the E runoff from the public streets may be required to be provided to and approved by the City Engineer at E c the time of any future development. Such plan, if required, must depict the maximum sized I retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and spot elevation information, flow direction arrows,typical stormwater detention/retention basin and Alexander Annexation Agreement Page 6 of 18 discharge structure details, basin sizing calculations, culvert capacity calculations, and stormwater maintenance plan. 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. 10. Waiver of Right-to-Protest Special Improvement Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit "A"and is hereby incorporated in and made a part of this Agreement. B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage facilities for 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 k 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 Alexander Annexation Agreement Page 7 of 18 Right of Way the length of the subject property; for Frontage Road as needed to provide one-half the width of a Minor Arterial Standard Right of Way the length of the subject property; and for Reeves Road as needed to provide one-half the width of a Local Street Standard Right of Way the length of the subject property. The Landowner, at its sole expense, has created such an easement in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder's Office. 13. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City's existing street,water and sewer infrastructure, and the City's fire service. The 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 ALEXANDER 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 i 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: c Alexander Annexation Agreement Page 8 of 18 i i' A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. 14. 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. 15. 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 ALEXANDER ANNEXATION. The parties further agree that the City may file these documents at any time. 16. 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. 17. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. Alexander Annexation Agreement Page 9 of 18 18. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant,term or agreement shall be deemed waived by either party unless waived in writing. 19. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 20. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. 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. 22. 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. 23. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the ALEXANDER ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. Alexander Annexation Agreement Page 10 of 18 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 Dan Alexander Springhill Holdings,LLC STATE OF s COUNTY OF ) On this day of , 2014, before me, the undersigned, a Notary Public for the State ofl>V� VI cam_ , personally appeared Dan Alexander known tome to be the person that executed the within instrument, and acknowledged to me that he executed the same as 2N, \o _ .wd.osr on behalf of Springhill Holdings,LLCA51"ima, ftn'bw. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) %Q_h (Printed Name Here) _ F____���Nc)veniber ���E� E FLATEGRAFFNotary Public for the State of�; NotaryPublicResiding atnRlq�,� for the State ofi Montan�i " r. Rosiding at: My Commission Expires: !! 1v�o�eman � QJ , Montana (Use 4 digits for expiration year) ` M CM y ommission Expires: 10,2017 Alexander Annexation Agreement Page 11 of 18 t CITY OF BOZEMAN By: Chris A. Kukulski, City Manager q ATTEST: o 3 P, u Clerk47- of t�te C 3' -dm '71$SIon�: '71a1 CO.'`S STATE OF MONTANA '` ) :ss COUNTY OF GALLATIN ) \/ On this Vday of NM V Q M 6 , 2014, before me, a Notary Public for the state of Montana,personally appeared Chris 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. I �/ 'O E HEATHER RIENVENUE � V Notary Rlabllq / -�,NpTAR�A� mi for the tato AF Mont 4a (Printed Name Here) ReinBozeman, Montana Notary Public for the State of Montana C M co mmission Expires: Residing at January 26,2018 My Commission Expires: (Use 4 digits for expiration year) is i �4 Alexander Annexation Agreement Page 12 of 18 is EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT ALEXANDER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A area of land being Lot 1 A,Block 6 of the Amended Plat of Walker Property Subdivision and portions of Reeves Road West, 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: BEGINNING at a Gaston yellow plastic cap at the southwest corner of said Lot IA; thence North 25' 52' 3 0"East a distance of 30.25 feet to a Montana Department of Highways red plastic cap ; thence northeast a distance of 258.55 feet along a non-tangential curve concave northwest having a radius of 557.50 feet, a central angle of 26' 34' 19", a chord bearing of North 12' 36' 00"East and a chord length of 256.24 feet to a calculated position; thence North 03' 56' 16" West a distance of 60.00 feet to a calculated position; thence east a distance of 137.17 feet along a non-tangential curve concave south having a radius of 215.15 feet, a central angle of 36' 3 F 45", a chord bearing of South 75' 53' 09"East and a chord length of 134.86 feet to a calculated position; thence South 32'22'43" West a distance of 60.00 feet to a calculated position ; thence southeast a distance of 9 8.10 feet along a non-tangential curve concave southwest having a radius of 155.15 feet, a central angle of 36' 13'40", a chord bearing of South 390 30'27"East and a chord length of 96.47 feet to a calculated position; thence South 210 23' 52"East a distance of 120.97 feet to a calculated position; thence North 68' 36' 08"East a distance of 60.00 feet to a calculated position; thence South 21' 23' 52"East a distance of 211.01 feet to a calculated position; thence South 68' 36' 08" West a distance of 60.00 feet to a calculated position; thence south a distance of 121.35 feet along a non-tangential curve concave west having a radius of 120.00 feet, a central angle of 57' 56' 18", a chord bearing of South 07' 34'25" West and a chord length of 116.24 feet to a Gaston yellow plastic cap; thence North 53'27'23" West a distance of 411.76 feet to the Point of Beginning containing acres 2.591 acres more or less. I" I; SUBJECT to all easements of record or apparent from a visual inspection of the property. i Alexander Annexation Agreement Page 13 of 18 IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. 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 / day of , 2014. I f r • i r Alexander Annexation Agreement Page 14 of 18 i LANDOWNER if Dan Alexander ,( Springhill Holdings,LI.0 STATE OF ) :ss COUNTY OF � ) On this —& day of , 2014before me, the undersigned, a Notary Public for the State of A���Vt� , personally appeared Dan Alexander known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same as ,(�v\- ).-2 on behalf of Springhill Holdings, LLC03.4y Mpmpauo 1,Wb 1Z. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed ame Here) Notary ublic for the State of =,,on E FLATEGRAFFResiding at>> oToca M Commission Ex Tres:tate®/Mgntana Use 4 di its for ex hration earoff. t: srdino t: ( g p Y ) 1 `�, Ivtontanart�ission Expires:1ber 10, '011 i j Alexander Annexation Agreement Page 15 of 18 EXHIBIT"B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS ALEXANDER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A area of land being Lot IA,Block 6 of the Amended Plat of Walker Property Subdivision and portions of Reeves Road West, 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: BEGINNING at a Gaston yellow plastic cap at the southwest corner of said Lot IA; thence North 25' 52' 30"East a distance of 30.25 feet to a Montana Department of Highways red plastic cap ; thence northeast a distance of 258.55 feet along a non-tangential curve concave northwest having a radius of 557.50 feet, a central angle of 26' 34' 19", a chord bearing of North 12' 36' 00"East and a chord length of 256.24 feet to a calculated position; thence North 03' 56' 16" West a distance of 60.00 feet to a calculated position; thence east a distance of 137.17 feet along a non-tangential curve concave south having a radius of 215.15 feet, a central angle of 36' 31'45", a chord bearing of South 75' 53' 09"East and a chord length of 134.86 feet to a calculated position; thence South 320 22'43" West a distance of 60.00 feet to a calculated position ; thence southeast a distance of 9 8.10 feet along a non-tangential curve concave southwest having a radius of 155.15 feet, a central angle of 36' 13'40", a chord bearing of South 39' 30'27"East and a chord length of 96.47 feet to a calculated position; thence South 21'23'52"East a distance of 120.97 feet to a calculated position; thence North 68' 36' 08"East a distance of 60.00 feet to a calculated position; thence South 21°23' 52"East a distance of 211.01 feet to a calculated position; thence South 68' 36' 08" West a distance of 60.00 feet to a calculated position; thence south a distance of 121.35 feet along a non-tangential curve concave west having a radius of 120.00 feet, a central angle of 57' 56' 18", a chord bearing of South 07' 34'25" West and a chord length of 116.24 feet to a Gaston yellow plastic cap; thence North 53'27'23" West a distance of 411.76 feet to the Point of Beginning containing acres 2.591 acres more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. 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 Alexander Annexation Agreement Page 16 of 18 consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to Springhill Road, Frontage Road, and Reeves 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 drainage facilities for Springhill Road and Reeves Road, and improvements to the intersections of 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 3%r day of CcZ 61e; ,2014. Alexander Annexation Agreement Page 17 of 18 LANDOWNER e�- Dan Alexander h Springhill Holdings,LLC,Vey N( l(�� STATE OF AAOyjp, :SS COUNTY OF L-J�J ` ) On this day of ® , 2014, before me, the undersigned, a Notary Public for the State of �Vl�yi'c2v�.;b_ , personally appeared Dan Alexander known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same as l ive 2 V��0 on behalf of Springhill Holdings,LLCO,3 t�l'IQ, H� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed ame Here) AfVGELA E FLATRArp Notary Public for the State of A o 1AR144�y for tl?e"ary lUblic na State of Mont, Residing at n yL Rosiding at, My Commission Expires: 1\ 11011-7 ��; i�ozonian, motttarta Or MU My CommissieTj xgire s (Use 4 digits for expiration year) tvovemt7er 90,20f7 I I I i I r I[' C' Alexander Annexation Agreement Page 18 of 18 I' Stacy Ulmen From: Angie Flategraff[angief@storydist.com] jent: Wednesday, January 07, 2015 10:18 AM To: Stacy Ulmen Subject: Spring Holdings LLC Stacey, I spoke with Dan Alexander about the Spring Holdings LLC document that I had notorized, and his capacity in that company is a Managing Member. I give you my consent to fill in all spaces pertaining to that. Please let me know if you have any further questions. Thank you! Angela Flategraff Accounts Receivable Story Distributing Company 406-587-0702 ext. 204 AngieF@storydist.com Story Distributing Company is a unulti-branded quality full line petroleum and lubricants marketing company with an emphasis in company operated convenience store operations. i I i 4 C t: 1 f 1 I