HomeMy WebLinkAboutResolution 4669 Annexation to Extend City Corporate Limits l / 2541394
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Charlotte Mills - Gallatin County, MT MISC
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COMMISSION RESOLUTION NO. 4669
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, ,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS I
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.
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WHEREAS, the City of Bozeman received a request for annexation from George A.
Smith requesting the City Commission to extend the boundaries of the City of Bozeman so as to ?
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include an area of land containing 1.1815 acres,located at 1163 Thomas Drive;and s
WHEREAS, George A. Smith is the current landowner of record of property described
as Lot 1, Baxter Lane Subdivision 1 located in the Section 35, Township 1 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 14,2015; and
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WHEREAS,A public meeting on said wn-iexation petition was duly noticed and held on
December 14, 2015; and
WHEREAS,The City did not receive any written protest from the real property owners
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of the area to be annexed;and
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Resolution 4669, George Smith Annexation
WHEREAS, On December 14, 2015, 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 February 8, 2016, 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 tract is known as Lot 1, Baxter Lane Subdivision 1 located in the
Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and adjacent
right of way for Thomas Drive as required by law; 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 I
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 1.1815 acres,to wit:
Legal Description
An area of land described as follows:
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Resolution 4669, George Smith Annexation
Lot 1, Baxter Lane Subdivision No. 1, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County,Montana,located in the East
Half of the Southwest Quarter of Section 35,Township 1 South,Range 5 East of P.M.M., and
that part of adjacent Thomas Drive, all described as follows:
Beginning at the northwest corner of Lot 1, Baxter Lane Subdivision No. 1; thence
easterly 089'18'00", assumed azimuth from north, 300.89 feet along the north line of said Lot 1
to the northeast corner of said Lot 1; thence 089°18'00" azimuth 30.00 feet along the easterly
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extension of said north line to the east line of the Southwest Quarter of said Section 35;thence
southerly 179°55'29" azimuth 395.40 feet along said east line;thence westerly 269°55'29"
azimuth 30.00 feet along the easterly extension of the south line of Lot 3, Baxter Lane
Subdivision No. 1,to the southeast corner of said Lot 3; thence northerly 359°55'29" azimuth
263.38 feet along the east line of said Lot 3 and Lot 2,Baxter Lane Subdivision No. 1; thence
westerly 269°17'46" azimuth 300.86 feet along the south line of said Lot 1;thence northerly
359°54'30" azimuth 131.70 feet along the west line of said Lot 1 to the Point of Beginning.
Area of Lot 1 =39,609 square feet, 0.9093 acres or 3,679.8 square meters. Subject to
existing easements.
Area of adjacent Thomas Drive= 11,857 square feet, 0.2722 acres or 1101.6 square
meters. Subject to existing easements.
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Total area= 51,466 square feet, 1.1815 acres or 4,781.4 square meters. Subject to
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existing easements.
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The effective date of this annexation is February 23,2016.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
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Montana, at a regular session thereof held on the 8th day of February,2016.
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Resolution 4669, George Smith Annexation.
CARSON TAYLOR
Mayor
ATTEST:
S °A MEN,
APPROVED AS TO FORM:
LIVAN
City Attorney
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Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
GEORGE SMITH
ANNEXATION AGREEMENT
TMS AGREEMENT made and entered into this �� day of
by and between the CITY OF BOZEMAN, a municipal corporation and self-gov ring political
subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-
0640, hereinafter referred to as "City", and GEORGE SMITH, 12933 Bronco Ave., Fishers IN 46037,
hereinafter referred to as "Landowner".
WITNESSETH;
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the GEORGE SMITH ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land described as follows:
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Lot 1, Baxter Lane Subdivision No. 1, according to the plat thereof, on file and of record in the office
of the Clerk and Recorder, Gallatin County,Montana, located in the East Half of the Southwest
Quarter of Section 35, Township 1 South,Range 5 East of P.M.M., and that part of adjacent Thomas
Drive, all described as follows:
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Beginning at the northwest corner of Lot 1, Baxter Lane Subdivision No. 1;thence easterly 4
0894 8'00",assumed azimuth from north, 300.89 feet along the north line of said Lot 1 to the
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northeast corner of said Lot 1;thence 089'18'00" azimuth 30.00 feet along the easterly extension of
said north line to the east line of the Southwest Quarter of said Section 35; thence southerly 179°55'29"
azimuth 395.40 feet along said east line;thence westerly 269°55'29" azimuth 30.00 feet along the
easterly extension of the south line of Lot 3, Baxter Lane Subdivision No. 1,to the southeast corner of
said Lot 3;thence northerly 359°5529" azimuth 263.38 feet along the east line of said Lot 3 and Lot 2,
Baxter Lane Subdivision No. 1; thence westerly 269°17'46" azimuth 300.86 feet along the south line of
said Lot 1;thence northerly 359°54'30" azimuth 131.70 feet along the west line of said Lot 1 to the
Point of Beginning.
Area of Lot I =39,609 square feet, 0.9093 acres or 3,679.8 square meters. Subject to existing
easements.
Area of adjacent Thomas Drive= 11,857 square feet, 0.2722 acres or 1101.6 square meters. Subject to
existing easements.
Total area=51,466 square feet, 1.1815 acres or 4,781.4 square meters. Subject to existing easements.
WHEREAS,the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the GEORGE SMITH 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 GEORGE SMITH ANNEXATION
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pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the GEORGE SMITH
ANNEXATION to connect to and utilize City services, including municipal water and sewer service,
fire service, and the City's street system;and
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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
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WHEREAS, the parties recognize additional development on the GEORGE SMITH
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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 1
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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 GEORGE SMITH 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:
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1. Recitals
The above recitals are true and correct. 4
2. Annexation
The Landowner filed an application for annexation of the GEORGE SMITH ANNEXATION p
with the City on September 16, 2015. By execution of this Agreement, the City manifests its intent to l
annex the GEORGE SMITH 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 GEORGE SMITH p
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ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things
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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
GEORGE SMITH ANNEXATION.
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3. Services Provided
The City will, upon annexation, make available to the GEORGE SMITH 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 GEORGE SMITH 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 GEORGE SMITH 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
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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 GEORGE SMITH ANNEXATION. Nothing in this Agreement
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shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs a
for the collection of sewage services to or within the GEORGE SMITH ANNEXATION to include,
but not limited to, any impact fees, hookup, connection, or development charges which may be
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established by the City.
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George Smith Annexation Agreement 4
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 annexation in the amount of$1,404 (One Thousand Four
Hundred and Four dollars) which amount has been paid. Further development or subdivision of the
property may require additional water rights or cash in-lieu of water rights 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
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rights exist, cash in lieu of water rights, in an amount determined by the Director of Public Service,
must be paid prior to development. 4
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7. Com rehensive Water and Water Design Report f
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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
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evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic
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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
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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
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improvements to this water or wastewater system are necessary, the Landowner agrees prior to
development of the GEORGE SMITH 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 GEORGE SMITH 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 GEORGE SMITH
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 GEORGE SMITH
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.
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9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the GEORGE SMITH
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
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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.
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:
a. Street improvements to Thomas Drive/N. 27th Avenue including paving, curb/gutter,
sidewalk, lighting, and storm drainage.
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b. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, lighting, and
storm drainage.
c. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, lighting, and
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storm drainage.
d. Intersection improvements to the intersection of Thomas Drive/N. 27"' Avenue and Baxter
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Lane.
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George Smith Annexation Agreement 7
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e. Intersection improvements to the intersection of N. 19`h Avenue and Baxter Lane.
f. Intersection improvements to the intersection of Thomas Drive/N. 27 h Avenue and Cattail
Street.
g. Intersection improvements to the intersection of N. 19t'Avenue and Cattail Street.
C. 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.
11. Public Street and Utility Easement
The Landowner understands and agrees that public street and utility right of way is necessary to
support future development of the GEORGE SMITH ANNEXATION. The Landowner and City
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understand and agree that the existing right of way and easement established with the Baxter Lane
Subdivision No. 1 is adequate to provide service to the GEORGE SMITH ANNEXATION and no
further dedication is required at this time.
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12. Street Improvements
A. The Landowner understands and agrees that at the time of future development the portion of
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Thomas Drive fronting this property may be required to be improved to a City standard. �
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B. The property lies within the Baxter and N. Wh Signal Payback area. The assessment rate is
$0.00215216/ft2 of total area of the property. The total due for the Payback area is$85.25. The
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applicant will be required to pay the fee for the Payback Area.
13. Water and Sewer Service
A. Upon annexation,the existing residence on the property must be connected to City water
and sewer utilities within 60 days. Water and sewer services must be constructed per City
requirements. The applicant shall contact the City Water and Sewer Superintendent to obtain details of
construction of services. The City Water and Sewer Superintendent shall be notified a minimum of 48
hours prior to construction of the services.
B. Upon connection to the City water and sewer system,the existing on-site sewage treatment
system must be properly abandoned and certification provided that the abandonment occurred. Any
wells presently used for domestic purpose can be retained for irrigation only with no physical
connection to domestic water piping. Certification shall be provided to the City that there is no
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physical connection between an on-site well and the domestic water piping.
13. Impact Fees
Landowner acknowledges that annexation and development of their property will impact the
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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
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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
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any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect
at the time an application for building permit is submitted.
An amount of$455.64 for a fire impact fee for the existing home shall be paid at the time of
annexation.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the GEORGE SMITH 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
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Clerk and Recorder prior to the sale of any land within the GEORGE SMITH 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.
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16. Attorne '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.
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 unonforceability 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
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unenforceable provision were omitted.
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 I
hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser
of the annexed property.
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22. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the GEORGE SMITH
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.
LAND . WNER
GtO' RGEyltft
STATE OF J41dl' )
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COUNTY OF AMI }
On this day of ' 2016 before me the undersigned, a Notary
Public for the State of , pie onally appeared George Smith known to me to be
the landowner that executed the within instrument, and acknowledged to me that he executed the same
for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
,( EAf,.)
(Printed Name He e)
' Notary Public for the State of
Residing at
My Commission Expires:
^ ;s\ S iA C Y A N N P U L S (Use 4 digits for expiration year)
Notary PLo, StstOf Indiana
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gefi "V)n greement 12
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CITY OF BOZEMAN
By: Chris A. Kukulski,City Manager
ATTEST:
Cle� o e" inisiori'
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STATE OF M T ON ANA )
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COUNTY OF GALLATIN }
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On this day of , 2016,before me, a Notary Public for the
state of Montana,personally app ared Chris Kukulski and Stacy UlmiVn,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 Ij
year first above written. #
- HEATHER BIENVEIIIIUE s
Notary Pubiic
•'NotnW�q�. �,for the State of MontarLz i
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*: : * Residing at:
.SEAL..' Bozeman, Mo,-ItUn tinted Name Here)
My Commission Gxpir:;: Notary Public for the State of Montana
January 26, 2018 Residing at a
My Commission Expires:
(Use 4 digits for expiration year)
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George Smith Annexation Agreement 13
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EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
GEORGE SMITH ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 1, Baxter Lane Subdivision No. 1, according to the plat thereof,on file and of record in the office
of the Clerk and Recorder, Gallatin County, Montana, located in the East Half of the Southwest
Quarter of Section 35, Township 1 South,Range 5 East of P.M.M.,and that part of adjacent Thomas
Drive,all described as follows:
Beginning at the northwest corner of Lot 1, Baxter Lane Subdivision No. 1; thence easterly
089°18'00", assumed azimuth from north, 300.89 feet along the north line of said Lot 1 to the
northeast corner of said Lot 1;thence 089°18'00" azimuth 30.00 feet along the easterly extension of
said north line to the east line of the Southwest Quarter of said Section 35;thence southerly 179°55'29"
azimuth 395.40 feet along said east line;thence westerly 269055'29" azimuth 30.00 feet along the
easterly extension of the south line of Lot 3, Baxter Lane Subdivision No. 1,to the southeast corner of
said Lot 3; thence northerly 359055'29" azimuth 263.38 feet along the east line of said Lot 3 and Lot 2,
Baxter Lane Subdivision No. 1; thence westerly 269°17'46" azimuth 300.86 feet along the south line of
said Lot 1;thence northerly 359054'30" azimuth 131.70 feet along the west line of said Lot 1 to the
Point of Beginning.
Area of Lot 1 =39,609 square feet, 0.9093 acres or 3,679.8 square meters. Subject to existing fi
easements.
Area of adjacent Thomas Drive= 11,857 square feet,0.2722 acres or 1101.6 square meters. Subject to
existing easements.
Total area= 51,466 square feet, 1.1815 acres or 4,781.4 square meters. Subject to existing easements.
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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 .
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parks which will be caused by the development of the above-described property, the Landowner has �
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waived and does hereby waive for itself, its successors and assigns forever the right to protest the
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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 2016.
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George Smith Annexation Agreement 15 Y
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Georg mith
STATE OF
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COUNTY OF [ }
On this da of iww , 2016, befo a me,the dersi ed, a Notary Public
for the State of ,p rsonally appeared -
known to me to be the landowner that executed the within instrume6f, and acknowledged to me that he
executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set any hand and affixed my official seal the day and
year first above written.
ted Name He e)
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George Smith Annexation Agreement 16
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EXHIBIT"B"
'WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
GEORGE SMITH ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 1, Baxter Lane Subdivision No. 1, according to the plat thereof, on file and of record in the office
of the Clerk and Recorder, Gallatin County, Montana, located in the East Half of the Southwest
Quarter of Section 35, Township 1 South,Range 5 East of P.M.M., and that part of adjacent Thomas
Drive, all described as follows:
Beginning at the northwest corner of Lot 1, Baxter Lane Subdivision No. 1; thence easterly
089°18'00",assumed azimuth from north, 300.89 feet along the north line of said Lot I to the
northeast corner of said Lot 1; thence 089'18'00" azimuth 30.00 feet along the easterly extension of
said north line to the east line of the Southwest Quarter of said Section 35;thence southerly 179°55'29"
azimuth 395.40 feet along said east line;thence westerly 269°55'29" azimuth 30.00 feet along the
easterly extension of the south line of Lot 3, Baxter Lane Subdivision No. 1,to the southeast corner of
said Lot 3; thence northerly 359°5529" azimuth 263.38 feet along the east line of said Lot 3 and Lot 2,
Baxter Lane Subdivision No. 1;thence westerly 269°1 T46" azimuth 300.86 feet along the south line of
said Lot l;thence northerly 359°54'30" azimuth 131.70 feet along the west line of said Lot 1 to the
Point of Beginning.
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Area of Lot 1 = 39,609 square feet, 0.9093 acres or 3,679.8 square meters. Subject to existing '
easements. n
Area of adjacent Thomas Drive= 11,857 square feet, 0.2722 acres or 1101.6 square meters. Subject to
existing easements.
Total area=51,466 square feet, 1.1815 acres or 4,781.4 square meters. Subject to existing easements.
,S
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 Thomas Drive, Cattail
Street, Baxter Lane,the intersection of Thomas Drive/N. 27d'Avenue and Baxter Lane,the intersection
of N. 19th Avenue and Baxter Lane, the intersection of Thomas Drive/N. 27'h Avenue and Cattail
Street, intersection of N. 19th Avenue and Cattail Street which will be caused by the development of
George Smith Annexation Agreement 17
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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:
a. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, lighting, and
storm drainage.
b. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, lighting, and
storm drainage.
c. Intersection improvements to the intersection of Thomas Drive/N. 27th Avenue and Baxter
Lane.
d. Intersection improvements to the intersection of N. 19'h Avenue and Baxter Lane.
e. Intersection improvements to the intersection of Thomas Drive/N. 27`" Avenue and Cattail
Street.
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f. Intersection improvements to the intersection of N. 19"'Avenue and Cattail Street,
or to make any written protest against the size or area or creation of the district be assessed in
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response to a duly passed resolution of intention to create one or more special improvement districts
which would include the above-described ro e
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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
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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.
is
George Smith Annexation Agreement 18
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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 d , 2016.
LANDO R
eorgc ith
i
STATE OF � )
��,, " :ss
COUNTY OF �!G(.111(Ul-yl )
On this T day of\t r,UMA= ,2016,before me,the dersi ed, a Notary Public
for the State of� �QJ ,personally appeared o ,known
to me to be the landowner that executed the within instrument, and arcknowledged to me that he
executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL} STACY ANN PULS
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Public,
o _ Hamilton County
< , Commission 8 624028
FebCommission 2Qi
ruary ed Name Here} w
a otary Public for the State of � ,
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Residing at
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George Smith Annexation Agreement 19
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