HomeMy WebLinkAbout15- Broadleaf Annexation Agreement BROADLEAF ANNEXATION MAP
0 50 100 150
NOTE.CITY OF BOZEMAN WATER AND SEWER MAINS
APPROX.230 FEET NORTH OF THE SITE. POSSIBLE LOCATION
OFPROPOSED SEWERAND WATER SERVICES FOR SITE.
2 TRACT 1A
Z N BEATTYSALDER
�W COURT SUBDIVISION
2 (PLAT REFERENCE E-46-C)
ZONED R-I
U RESIDENTIAL
POB
S 89-50-42"W
140.00'
W
LOT 5 r, M SUBJECT PROPERTY CO
REMINGTONADDITION TO THE o (14,608 SQ. FT./0.335 ac.) °oo
CITY OF BOZEMAN(I--20-B) z
ZONED R-4
RESIDENTIAL
N 89°50'42"E
140.00'
UNPLATTED
UNINCORPORATED PARCEL
LOCATED IN GALLA TIN COUNTY
GALLATIN Co.ZONING RS
RESIDENTIAL
LEGAL DESCRIPTION:
A tract of land located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South, Range 5 East, P.M.M.,
Gallatin County, Montana, more particularly described as follows:
Beginning at a point which is 208.7 feet South and 68.7 feet West of the Northeast corner of said
W1/2NW1/4SW1/4; thence S89'50'42"W a distance of 140.00 feet; thence S00'23'19"W a distance of 104.35
feet;thence N89'50'42"E a distance of 140.00 feet; thence N00'23'19"E a distance of 104.35 feet to the Point
of Beginning. Said tract containing in area 14,608 square feet.
PROJECT NUMBER RI D IAN L.�`�N D
MT-020-051-131-14
DATE
02/18/2015 SURVEYING, INC.
1970 STADIUM DRIVE, BOZEMAN, MT 59715
SCALE Phone(406) 579- 1746
e-mail: meridiansurveying@yahoo.com
1"= 50' www.meridianmontana.com
C&ty
®f Bozeman-City Clerk
p,p. Box 1230 -1230
Bozeman, MT 59771
TT�D 251867,4720,5 09:5
PLA arlotte Mills - Gallatin C2&60:4MTAM Fee: $189.00
��IIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIII�IIII�IIIIIIII�IIIII�IIIIIIIIIIIIIIIIIIIIIII�III MISC
BROADLEAF ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this w day of Ae—!L , 2015, by
and between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of
the State of Montana with offices at 121 North Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter
referred to as "City", and Broadleaf, LLC, 536 Oxford Drive, 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 BROADLEAF ANNEXATION situated in Gallatin County, Montana,and more particularly described as
follows:
A tract of land located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South, Range 5 East,
P.M.M., Gallatin County,Montana,more particularly described as follows:
Beginning at a point which is 208.7 feet South and 68.7 feet West of the Northeast corner of said
Wl/2NW1/4SW1/4; thence S89°50'42"W a distance of 140.00 feet;thence S00°23'19"W a distance of
104.35 feet; thence N89°50'42"E a distance of 140.00 feet;thence N00°23'19"E a distance of 104.35 feet to
the Point of Beginning. Said tract containing in area 14,608 square feet.
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
Broadleaf Annexation Agreement Page 1
3
r
WHEREAS, the BROADLEAF 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 BROADLEAF ANNEXATION pursuant to
Section 7-2-4601, et seq.,MCA will allow the BROADLEAF ANNEXATION to connect to and utilize City
services, including municipal water and sewer service, fire service, and the City's street system; and
WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner can agree to
the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the BROADLEAF
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 BROADLEAF 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.
Broadleaf Annexation Agreement Page 2
2. Annexation
The Landowner filed an application for annexation of the BROADLEAF ANNEXATION with
the City on September 3, 2014. By execution of this Agreement, the City manifests its intent to annex
the BROADLEAF 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 BROADLEAF 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 BROADLEAF ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the BROADLEAF 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 BROADLEAF 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 BROADLEAF 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 BROADLEAF 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 BROADLEAF 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
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 BROADLEAF 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 BROADLEAF 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 BROADLEAF 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 BROADLEAF 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.
The existing structure may continue to utilize the on-site groundwater well for domestic use
until: a) the existing well fails to the point it needs to be drilled deeper or replaced; b) the existing
structure is converted to any use other than a residence; c) the existing structure is removed or
destroyed, beyond 50 percent of the market value, or d) other habitable development occurs anywhere
on the annexed parcel.
The existing structure may continue to utilize the on-site sewer system until: a)the existing on-
site sewer system fails; b) the existing residential structure is converted to any use other than a
residence; c) the existing residential structure is removed or destroyed, by whatever means, beyond 50
percent of the market value, or d) other habitable development occurs anywhere on the annexed parcel.
If the existing on-site sewer system fails, the existing structure must connect to the public sanitary
sewer main. A replacement on-site sanitary sewer system cannot be utilized. At the time the existing
on-site sewer system is disconnected,the on-site system must be properly vacated and removed, which
at a minimum entails the septic to be pumped and filled in with gravel/dirt, or the tank totally removed,
as required by the Gallatin County Health Department.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the BROADLEAF
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from adjacent public streets and the area of the BROADLEAF ANNEXATION may be required
to be provided to and approved by the City Engineer at the time of any future development. Such plan,
if required, must depict the maximum sized 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 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: Kagy Boulevard, Lincoln Street, and Maple Lane, and improvements to the intersections
of Lincoln Street and I Ich Avenue. 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 shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for: trunk sewer and water mains to serve the property. The Landowner agrees such an SID
will provide a mechanism for the fair and equitable assessment of construction and maintenance costs
for such improvements. The waiver is attached hereto as Exhibit "C" and is hereby incorporated in
and made a part of this Agreement.
D. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A, B, and C 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 U_(ility Easement
The Landowner understands and agrees that a public street and utility easement shall be
provided for Maple Lane across the entire length of the subject property that matches the existing right
of way width of Maple Lane to the north. 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 BROADLEAF 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,
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 BROADLEAF 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.
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 BROADLEAF
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
i
Name
Broadleaf.LLC ri 151" "
(On behalf qfi (Capacity)
STATE OF )
:ss
COUNTY OF
,u-
On this 14112 " day of 4,01.z z: , 2015, before me,the undersigned, a Notary
Public for the State of —.._, , personally appeared 1is known to
me to be the person that executed the within instrument, and acknowledged to me that he executed the
same as on behalf of Broadleaf, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
'SELF
)tjOTAR of LIC for the
statef Montana
Residing at
SEAL g man Montana • �
My Commission Expires (Prin e Here)
September 15,2u__---6---_ Notary Public f9r the Sta e of
Residing at - lw,
My Commission Expires: g5� -/Si-
(Use 4 digits for expiration year)
CITY OF BOZEMAN
� x
By: Chris A. Kukulski, City Manager
ATTEST:
4�ti t I -j i
Clerk of ilie Ci mmisslon
�r
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of , 2015,before me, a Notary Public for the
state of Montana,personally appe ed Wis 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.
f\1
I
HEATHER BIENVENU[
• F Notary Pubilc ,
T. 0-VA8/,q4'•ti,,-:for the State of Mont na ( rinted Name Here)
* SEA� ;.* Residing at: Notary Public for the State of Montana
=�9 Q: Bozeman, Monta a
OF dAO P MY Commission Expires: Residing at
January 26,2oi a _j My Commission Expires:
(Use 4 digits for expiration year)
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
BROADLEAF 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 located in the W1/2NW1/4SWl/4 of Section 13, Township 2 South,Range 5
East,P.M.M., Gallatin County,Montana,more particularly described as follows:
Beginning at a point which is 208.7 feet South and 68.7 feet West of the Northeast corner of said
W1/2NW1/4SW1/4; thence S89°50'42"W a distance of 140.00 feet; thence S00°23'19"W a distance of
104.35 feet; thence N89°50'42"E a distance of 140.00 feet; thence N00°23'19"E a distance of 104.35
feet to the Point of Beginning. Said tract containing in area 14,608 square feet.
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
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 /y day of jr?'"L- ,2015.
I
LANDOWNER
Name
Broadleaf LLC i-1Eh
(On behalf qfl (Capacity)
STATE OF a )
:ss
COUNTY O $ - )
On this day of z , 2015, befo e me, the undersigned, a Notary
Public for the State of , ' 9 , personally appeared known to
me to be the person that executed the within instrument, and acknowledged to me that he executed the
same as on behalf of Broadleaf,LLC.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and
year first above written.
----' VIRGIPIIA L SELF
RY PUBLIC for the
AR(q �`'- fate of Montana
a
- Residing at
SEAL - Bozeman,Montana (Pri .e N e Here)
Commission Expires ® s
Ay eon' �� Notary PZZ
the Sta of
` September 95,20
Residing
My Commission Expires:gP9 -/S`
(Use 4 digits for expiration year)
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BROADLEAF 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 located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South,Range 5 East,
P.M.M., Gallatin County, Montana,more particularly described as follows:
Beginning at a point which is 208.7 feet South and 68.7 feet West of the Northeast corner of said
W1/2NW1/4SW1/4; thence S89°50'42"W a distance of 140.00 feet;thence S00°23'19"W a distance of
104.35 feet; thence N89°50'42"E a distance of 140.00 feet;thence N00°23'19"E a distance of 104.35
feet to the Point of Beginning. Said tract containing in area 14,608 square feet.
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
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to Kagy
Boulevard, Lincoln Street, and Maple Lane 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 Kagy Boulevard, Lincoln Street and Maple Lane, and improvements to the
intersections of Lincoln Street and 11th Avenue, 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 /® day of ,o4cP94 iL ,2015.
1
LANDOWNER
Name
Broadleaf LLC
(On behalf q) (Capacity)
STATE OF ° )
:ss
COUNTY OF )
On this day of� ® 1v n, 2015, before me, the undersigned, a Notary
Public for the State of a ,� , personally appeare ! /; known to
me to be the person that executed the within instrument, and acknowledged to me that he executed the
same as g on behalf of Broadleaf, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
'....... VIRGINIA L SELF
NOTARY PUBLIC for the
State of Montana
Residing at f"
Bozeman,Montana
-,9,� ,.• My Commission Expires �
September 15,2016 (Prin a Here) /�
rram�.
Notary Public for the Statleof
Residing a
My Commission Expires: 1,S-
(Use 4 digits for expiration year)
(Use 4 digits for expiration year)
EXHIBIT "C"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BROADLEAF 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 located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South,Range 5 East,
P.M.M., Gallatin County, Montana,more particularly described as follows:
Beginning at a point which is 208.7 feet South and 68.7 feet West of the Northeast corner of said
W1/2NW1/4SW1/4; thence S89°50'42"W a distance of 140.00 feet;thence S00°23'19"W a distance of
104.35 feet; thence N89°50'42"E a distance of 140.00 feet;thence N00°23'19"E a distance of 104.35
feet to the Point of Beginning. Said tract containing in area 14,608 square feet.
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
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to City
water and sewer systems 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: trunk sewer and water mains to serve the property, or to make any written
protest against the size or area or creation of the district be assessed in response to a duly passed
resolution of intention to create one or more special improvement districts which would include the
above-described property.
In the event an SID is not utilized for the completion of these improvements, the developer
agrees to participate in an alternate financing method for the completion of said improvements on a fair
share, proportionate basis as determined by square footage of property, taxable valuation of the
property,traffic contribution from the development or a combination thereof.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this l®day of A-r 44 t.— ,2015.
a
LANDOWNER
Name
Broadleaf,LLC
(On behalf qj) (Capacity)
STATE OFy )
:ss
COUNTY OF )
On this day of iz 6 , 2015, before me,the undersigned, a Notary
Public for the State of , personally appeared j.. 4--/ known to
me to be the person that xecuted the within instrument, and acknowledged to me that he executed the
same as on behalf of Broadleaf,LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
VIRG►NIA L SELF
` Y PUBLIC For the
State of Montana
Residing et
; �L ; Bozeman,Montanaision Ies e`
My Comm 1A5 25� (Prin d ame Here) e ®_ '
SeptemberNotary Public r the of
Residing at 4-4— /"%
My Commission Expires: -/ . .2 E
(Use 4 digits for expiration year)
City of,Bozeman-City Clerk
P.O. Box 1230
®ze An, MT 59771-1230
x
COMMISSION RESOLUTION NO. 4600
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 Broadleaf
LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include an area of land containing 0.335 acres, lying south of Lincoln Road and east of Maple
Lane; and
WHEREAS, Broadleaf LLC, is the current landowner of record of property described as
a tract of land located in the Wl/2NW1/4SWt/4 of Section 13, Township 2 South, Range 5 East,
P.M.M., 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
December 15, 2014; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
December 15, 2014; and
WHEREAS, five members of the public spoke in regards to said annexation at the
public meeting; and
Page 1 of 4
Resolution 4600, Broadleaf Annexation
WHEREAS, the City did not receive any written protest from the real property owners
of the area to be annexed; and
WHEREAS, on December 15, 2014, the Commission preliminarily approved the
annexation and authorized City Staff and the Landowner to prepare and execute the final
annexation agreement to be presented for consideration at a future City Commission meeting; and
WHEREAS, on May 4, 2015, 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,
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 a tract of land located in the
Wl/2NW1/4SW1/4 of Section 13, Township 2 South, Range 5 East, P.M.M., 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 0.335 acres,to wit:
Page 2 of 4
Resolution 4600, Broadleaf Annexation
Legal Description
A tract of land located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana, more particularly described as follows:
Beginning at a point which is 208.7 feet South and 68.7 feet West of the Northeast corner of said
W1/2NW1/4SW1/4; thence S89°50'42"W a distance of 140.00 feet; thence S00°23'19"W a
distance of 104.35 feet; thence N89°50'42"E a distance of 140.00 feet; thence N00°23'19"E a
distance of 104.35 feet to the Point of Beginning. Said tract containing in area 14,608 square
feet.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
The described parcel has an area of 0.335 acres, more or less as described on the
Broadleaf Annexation Map.
Section 2
The effective date of this annexation is May 5, 2015.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated April 10, 2015, by and between the City of Bozeman and Broadleaf LLC owner of said tract
of land.
Page 3 of 4
Resolution 4600, Broadleaf Annexation
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 4th day of May, 2015.
FF USS
'Mayor
ATTESTS r
ST Y UI.MEN.
�pCJ
City,Clerk
F
APPROVED AS TO FORM:
41<'Z/
��kE4�LLIVAN
City Attorney
Page 4 of 4