HomeMy WebLinkAboutResolution 5335 Providing for The 1919 Bridger Drive Annexation/2769862
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Inter-officeOriginalto:
CityofBozeman
CityClerk
PO Box 1230
Bozeman,MT 549771-1230
1919 BRIDGER DRIVE
ANNEXATION AGREEMENT
THIS AGREEMENT made and enteredintothis day of C_ff ,2021,
by and between the CITY OF BOZEMAN,a self-governingmunicipal corporationorganized and
existingunder itsCharterand the laws of the Stateof Montana with officesat 121 N.Rouse Avenue,
Bozeman,Montana 59771-0640,hereinafterreferredtoas "City",and Matthew and Morgan Hausauer,
3004 Meah Lane,Bozeman,MT 59718 hereinafterreferredto as "Landowner".
WITNESSETH:
WHEREAS,Landowner isowner in fee of a tractof certainrealproperty,hereinafterreferred
to as the 1919 BRIDGER DRIVE ANNEX.ATION situatedin GallatinCounty,Montana,and more
particularlydescribedas follows:
An area of land comprised describedas follows:
1919 BridgerDrive and more accuratelydescribedas Lots 34,35,and 36,Ed Vogel
SubdivisionNo.1,[PlatE-47],according totheplatthereof,on fileand of recordintheoffice
of the Clerk and Recorder,GallatinCounty Montana;and locatedinthe SoutheastQuarterof
Section32,Township 1 South,Range 6 ion 32,Township 1 South,Range 6 East,of P.M.M.,
Cityof Bozeman,GallatinCounty,Montana.
More particularlydescribedas:Beginning intheNorthwest cornerof saidLot 36;thence
Easterly091°41'11",assumed azimuth from North,74.89 feetalong theNorth lineof saidLots
34,35,and 36 tothe Northeast cornerof saidLot 34;thence Southerly 181°41'42"azimuth,
322.96 feetalong theEast lineof saidLot 34 to the Southeastcornerof saidLot 34;thence
1919 Bridger Drive Annexation Agreement 1
Westerly 271°42'55"azimuth,75.02 feetalong the South lineof saidLots 34,35,and 36 to the
Southwest comer of saidLot 36;thence Northerly001°43'05"azimuth,322.92feetalong West
lineof saidLot 36 to the pointof beginning.Area =24,206 square feet,0.5557 acresor 2,248.8
square meters.Subjectto existingeasements.
0.5557 acresor 24,206 square feet.Subjecttoexistingeasements.
All as depictedon the 1919 BRIDGER DRIVE Annexation Map.
WHEREAS,theLandowner petitionedthe City forannexation to the City of saidtractof land;
and
WHEREAS,the 1919 BRIDGER DRIVE ANNEXATION isnot withinthecorporatelimitsof
theCityor othermunicipalityand may thereforebe annexed totheCity inaccordance with theprovisions
of thisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and
WHEREAS,all parties recognize the annexation of the 1919 BRIDGER DRIVE
ANNEXATION pursuantto Section7-2-4601,etseq.,Mont.Code Ann.willallow the 1919 BRIDGER
DRIVE ANNEXATION to connect to and utilizeCity services,includingmunicipal water and sewer
service,parks and recreation,fireand policeservices,and the City'stransportationsystem;and
WHEREAS,Section 7-2-4610,Mont.Code Ann.provides thata municipalityand landowner
can agree to the provisionsof servicestothearea to be annexed;and
WHEREAS,the partiesrecognize additionaldevelopment on the 1919 BRIDGER DRIVE
ANNEXATION willimpact area parks,recreation,transportation,police,and fireservices,and that
future improvements may require additional public infrastructurestreetimprovements including
transportationfortrafficcirculationand the provisionsof parks,recreation,police,and fireservices;and
WHEREAS,the Landowner findsthisAgreement willprovide forthe most satisfactoryand
dependable water supply and sewer supply or service,and provide transportation,parks,recreation,
policeand fireservicefordevelopment of the 1919 BRIDGER DRIVE ANNEXATION;and
1919 Bridger Drive Annexation Agreement 2
WHEREAS,thepartieshave determined thatitisinthebestinterestsoftheCityand Landowner,
and infurtheranceofthepublichealth,safetyand welfareof thecommunity toenterintoand implement
thisAgreement.
WI T NESS E T H:
IN CONSIDERATION of the mutual covenants and agreements hereincontained,the parties
heretoagree as follows:
1.Recitals
The above recitalsare trueand correct.
2.Annexation
The Landowner filed an application for annexation of the 1919 BRIDGER DRIVE
ANNEXATION with theCity on March 24,2021.By execution ofthisAgreement,the City manifests
itsintentto annex the 1919 BRIDGER DRIVE ANNEXATION tractpursuant to the terms and
conditionsof thisAgreement.Subjectto theprovisionsof Title7,Chapter 2,Part46,Mont.Code Ann.
the City shall,upon execution of this Agreement,adopt a Resolution of Annexation of the 1919
BRIDGER DRIVE ANNEXATION.Further,upon the execution of thisAgreement,the Landowner
shalldo allthingsrequiredby thisAgreement and allthingsnecessaryand proper to aid and assistthe
City incarryingout theterms,conditionsand provisionsof thisAgreement and to effecttheannexation
of the 1919 BRIDGER DRIVE ANNEXATION.
3.Services Provided
The City will,upon annexation,make availableto the 1919 BRIDGER DRIVE ANNEXATION
existingCity servicesonly totheextentcurrentlyavailable,or as provided inthisAgreement.
1919 Bridger Drive Annexation Agreement 3
4.Municipal Water Service Defined
The term "municipal water service"as isused in thisagreement shallbe the servicewhich is
suppliedby theCity in accordance with Chapter 40,Article2,Bozeman Municipal Code,as amended,
as wellas any otherterms and conditionswhich apply to theCity'sprovisionof municipal water service
but does not includethe extensionof linesor constructionof necessaryimprovements atany costto the
City for deliveryof water to and withinthe 1919 BRIDGER DRIVE ANNEXATION.Nothing inthis
Agreement shallobligatethe City to pay forright-of-wayacquisition,engineering,construction,and
othercostsforthedeliveryof water toorwithinthe 1919 BRIDGER DRIVE ANNEXATION toinclude,
but not limitedto,any impact fees,hook-up,connection,or development charges which have been or
may be establishedby the City.
5.Municipal Sewer Service Defmed
The term "municipal sewer service"as isused in thisAgreement shallbe the servicewhich is
suppliedby the City in accordance with Chapter 40,Article3,Bozeman Municipal Code,as amended,
as wellas any otherterms and conditionswhich apply totheCity'sprovisionofthisservicebut does not
include the extension of linesor constructionof necessary improvements at any cost to the City for
collectionof sewage at and within the 1919 BRIDGER DRIVE ANNEXATION.Nothing in this
Agreement shallobligatethe City to pay forright-of-wayacquisition,engineering,construction,and
other costs for the collectionof sewage services to or within the 1919 BRIDGER DRIVE
ANNEX.ATION to include,but not limitedto,any impact fees,hookup,connection,or development
charges which may be establishedby theCity.
6.Water and Sewer Connections
Landowner understands and agrees that nine (9)months of City Commission approval of the
Annexation Agreement,the existingresidenceon the property must be connected to City water and
1919 BridgerDrive Annexation Agreement 4
sewer utilities.Water and sewer services must be constructed in accordance with design and
specificationsapproved by the City priorto the installationof the water and sewer lines.Landowner
must contactthe City Water and Sewer Superintendentto obtaindetailsof constructionrequirements.
Landowner must notifythe City Water and Sewer Superintendenta minimum of 48 hours priorto
constructionof theservicesand disconnectionof the well and septicsystem abandonment.Landowner
furtherunderstandsand agreesthatpriorto connectionto the City water and sewer system,the existing
on-sitesewage treatmentsystem must be properly abandoned and certificationprovided to the City
Water and Sewer Superintendent that the abandonment occurred.The applicantmust report the
abandonment to the GallatinCity County Health Department.In additionto abandonment of the septic
tank and leachfield,theapplicantmust demonstrate thatthesanitarysewer serviceto theseptictank has
been completely disconnected from theold septicsystem priorto connectionto the City sanitarysewer
system.
Any wells presentlyused for domestic purposes may be retainedfor irrigationonly,with no
physicalconnectiontodomestic water piping.Certificationthatthereisno physicalconnectionbetween
an on-site well and the domestic water piping must be provided.The City Water and Sewer
Superintendentmay perform an inspectionof the propertyand certifythatthedisconnectionofthe well
and septicsystem abandonment are properly completed.Landowner understands and agrees that if
Landowner failstoproperlyabandon the existingsystem and/orfailstodisconnecttheexistingwellfrom
thedomestic water pipingas requiredhereintheCity may upon tenday'swrittennoticetotheLandowner
terminate water and/or sewer servicesto the property.Costs of alldisconnects and/or subsequent
reconnectsshallbe borne by Landowner.
1919 Bridger Drive Annexation Agreement 5
7.Water Rights
The Landowner specificallyrecognizesand agreesthatprovisionsforwater rightsor cash in-lieu
of water rightsshallbe provided upon furtherdevelopment or subdivisionof thepropertyinaccordance
with Section38.410.130,Bozeman Municipal Code and as may be amended.The amount of water rights
or cash-in-lieuthereofdue at the time of furtherdevelopment or subdivisionof the property willbe
calculatedbased on theannual demand forvolume of water thedevelopment willrequiremultipliedby
themost currentannual unitpriceineffecton thedatethewater rightsaretransferredor payment-in-lieu
of water rightsistobe made to the City.As such,the Landowner acknowledges thatthe ratesforcash
in-lieuof water rightsmay increaseover time as establishedby Resolution of the City Commission.
Payment of $660.00 forcash-in-lieuof water rightsforthe existinghome on the propertyisdue at the
time ofannexation and continuestousetheonsitewellforallirrigationdemand.Ifthewell isabandoned
and not used foronsiteirrigationthe Payment of $1,404.00 forcash-in-lieuof water rightsisdue at the
time of annexation.
8.Comprehensive Water and Water Design Report
Priorto futuredevelopment of thepropertytheCity may requirethe Landowner tohave prepared
by a ProfessionalEngineer,at Landowner's sole expense,a comprehensive design reportevaluating
existingcapacityof sewer and water utilitiesin the area.The reportmust includehydraulicevaluations
ofeach utilityforboth existingand post-development demands,and thereportfindingsmust demonstrate
adequate capacityto servethe fulldevelopment of the land.Ifadequate infrastructurecapacityisnot
availablefortheproposed development,the reportmust identifynecessary water or wastewater system
improvements necessary forthe proposed development.If improvements to thiswater or wastewater
system are necessary,the Landowner agrees priorto development of the 1919 BRIDGER DRIVE
1919 Bridger Drive Annexation Agreement 6
ANNEXATION tocomplete,atLandowner's expense,the necessarysystem improvements toservethe
proposed development.
9.Future Development Limitations
The Landowner shallbe responsibleforinstallingallfacilitiesrequiredto provide fullmunicipal
servicestothepropertyinaccordance with theCity'sInfrastructureMaster Plans and allCityregulations,
policiesand guidelinesthatmay be ineffectatthe time of any futuredevelopment.Thus,Landowner
understandsand agrees Landowner has no right,eithergrantedor implied,foritto furtherdevelop any
of the 1919 BRIDGER DRIVE ANNEXATION untilit is verifiedby the City that the necessary
municipal services,including but not limited to police and fireprotection,parks and recreation,
transportation,and sewer and water capacity,are availableto allor a portionof the 1919 BRIDGER
DRIVE ANNEXATION.Notice isthus provided totheLandowner thatpriortoadditionaldevelopment
of the property,the Landowner willbe solelyresponsibleforinstalling,atLandowner's soleexpense,
any facilitiesor infrastructurerequiredto provide fullmunicipal servicesto the 1919 BRIDGER DRIVE
ANNEXATION inaccordance with theCity'sinfrastructureplans,adopted Growth Policies/Community
Plans,and all other city regulations,policiesand guidelinesthat may be in effectat the time of
development.
10.Stormwater Master Plan
Landowner understandsand agrees a Stormwater Master Plan forthe 1919 BRIDGER DRIVE
ANNEXATION fora system designed to remove solids,oils,grease,and otherpollutantsfrom therunoff
from publicstreetsand otherimpermeable surfacesmay be requiredtobe provided to and approved by
the City Engineer at the time of any futuredevelopment.The plan must demonstrate thatadequate
treatmentof runofffrom publicstreets,otherimpermeable surfaces,and allfuturelotswillbe achieved
by providing spot elevations,flow directionarrows,detentionand/orretentionbasindetails(including
1919 Bridger Drive Annexation Agreement 7
basin sizing calculationsand basin typicalsections),outletstructuredetails,and culvertcapacity
calculations.The plan must also locateand provide easements foradequate drainageways within the
1919 BRIDGER DRIVE ANNEXATION to transporttreatedrunoff to the stormwater receiving
channel.The plan shall include site grading and elevation information,typical stormwater
detention/retentionbasin and discharge structuredetails,basin sizing calculations,and stormwater
maintenance plan.Landowner recognizes the City may requiresuch Stormwater Master Plan to be
implemented in allor partas a conditionof approval of development of the 1919 BRIDGER DRIVE
ANNEXATION.
11.Waiver of Right-to-ProtestSpecial Districts
A.Landowner shallexecute a Waiver of Right-to-ProtestCreationof SpecialImprovement
Districtsor Special Districtsfor streetand transportationimprovements including design and
engineering,paving and subsurface improvements,curb and gutter,sidewalk,stormwater drainage
facilitiesfor a)Bridger Drive from Story Mill to Boylan Road.The Landowner agrees such SID or
specialdistrictswill provide a mechanism for the fairand equitableassessment of constructionand
maintenance costsforsuch improvements.The waiver isattachedheretoas Exhibit"A"and ishereby
incorporatedinand made a partof thisAgreement.
B.Landowner shallexecute a Waiver of Right-to-ProtestCreation of Special Improvement
Districtsor Special Districtsfor Intersectionimprovements including lighting,signalization/
channelization,paving,curb/gutter,sidewalk,and storm drainage fora)Bridger Drive and Story Mill
Road,and b)BridgerDrive and Boylan Road.The Landowner agreessuch SID or specialdistrictswill
provide a mechanism forthe fairand equitableassessment of constructionand maintenance costsfor
such improvements.The waiver isattachedhereto as Exhibit "B"and ishereby incorporatedin and
made a partof thisAgreement.
1919 Bridger Drive Annexation Agreement 8
C.Landowner agrees thatin the event an SID isnot utilizedfor the completion of these
improvements as described in subsections A and B above,the Landowner shallparticipatein an
alternativefinancingmethod forthecompletion of saidimprovements on a fairshare,proportionatebasis
as determined by theCityon thebasisof thesquarefootageof property,taxablevaluationof theproperty,
trafficcontributionfrom thedevelopment or a combination thereof.
12.Public Streetand UtilityEasements
The Landowner understandsand agreesthata publicstreetand utilityeasement must be provided
atthe time Landowner returnsthesigned annexation agreement foran additional10 feetof Right-of-
Way must be provided along Bridger Drive property frontage as depicted in the Bozeman
TransportationMaster Plan,and thirtyfeet(30 feet)of right-of-way along the rear of the property
(north side)priortothe adoption of Resolutionof Annexation.The Right-of-Way must be executed
using the City's standard language.
A ten foot private utilityeasement must be provided along the property'sBridger Drive
frontage as well as along the future local streetlocated at the back of the property priorto the
adoption of Resolution of Annexation.The executed easement must be delivered to the City
Engineering Department.The easement must be executed on the City's standard easement form.
The Landowner,atitssoleexpense,has createdsuch easements ina locationand form agreeable
to the City and the easements willbe filedatthe GallatinCounty Clerk and Recorder's Office.The
Landowner furtherunderstandsand agrees thatadditionalpublicstreetand utilityeasements may be
requiredfordeliveryofmunicipal serviceswith futuredevelopment and such easement shallbe provided
at theLandowner's soleexpense.
13.Street Improvements
The Landowner understands and agrees thatat the time of futuredevelopment the portionof
1919 Bridger Drive Annexation Agreement 9
Bridger Drive and its relatedtransportationinfrastructurefrontingthe 1919 BRIDGER DRIVE
ANNEXATION must be improved to a City standard.
14.Impact Fees
Landowner acknowledges thatannexation and development of theirpropertywill impact the
City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved by the
City,the Landowner and itssuccessorsmust pay:
A)Fire impact feesequal to theamount per Chpt.2,Art.6.Div.9 BMC,or as amended,at
time of issuanceof a buildingpermit.
B)Transportationimpact feesequal to the amount per Chpt.2,Art.6.Div.9 BMC,or as
amended,attime of issuanceof a buildingpermit.
C)Water impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,atthetime
of connection tocitywater services.
D)Sewer impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,atthetime
of connection tocitysewer services.
The amount of impact feethe Landowner or itssuccessorspay forconnectiontothecity'swater
and sewer services,ifany,shallbe calculatedbased on the provisionsof the Bozeman Municipal Code,
as amended,in effectat the time of applicationfora permit to connect.The amount of streetor fire
impact feesto be paid,ifany,shallbe calculatedbased on the provisionsof the Bozeman Municipal
Code,as amended,ineffectatthe time an applicationforbuildingpermit issubmitted.
Landowner furtherunderstands and agrees thatany improvements,eitheron-siteor off-site,
necessaryto provideconnectionofthe 1919 BRIDGER DRIVE ANNEXATION municipal servicesand
which are wholly attributableto the property as determined exclusivelyby the cityare considered
"projectrelatedimprovements"asdefinedinChapter 2,Article6,Division9,Bozeman Municipal Code,
as amended,and as such,are not eligiblefor impact feecredits.
IfLandowner defaultson thisconditionatthe time such isto be performed,and should default
not be remedied or correctedwithin thirty(30)days afterwrittennoticeby City to the Landowner and
Landowner/Developer of such default,City may at itsoption:
1919 Bridger Drive Annexation Agreement 10
A)Declare theamounts owing forimpact feesimmediately due and payable and City shall
have the rightand privilegetotake legalactionagainstLandowners forthe collection
of such sum,includingthe entry of any judgment.In addition,the City may,at its
option,enforcepayment of such amount by levyingan assessment on the property.
B)Electany otherremedy availableto City under the laws of theStateof Montana.
15.Charges and Assessments
Landowner understandsand agreesthatafterthisAgreement isrecorded the 1919 BRIDGER
DRIVE ANNEXATION willbe subjectto City charges and assessments forarterialand collector
streets,streetmaintenance,and treemaintenance on thesame basisas allotherpropertiesinthe City.
16.Additional Terms
The partiesrecognizethesedocuments must be filedand of recordwith theGallatinCounty Clerk
and Recorder priorto the saleof any land within the1919 BRIDGER DRIVE ANNEXATION.The
partiesfurtheragree thatthe City may filethesedocuments atany time.
17.Governing Law and Venue
This agreement shallbe construed under and governed by the laws of the stateof Montana.In
the event of litigation,venue isinthe EighteenthJudicialDistrictCourt,inand forCounty of Gallatin,
Stateof Montana.
18.Attorney's Fees
In the event itbecomes necessary for eitherparty to thisAgreement to retainan attorneyto
enforce any of the terms or conditionsof thisAgreement,then the prevailingpartyshallbe entitledto
reasonableattorney'sfeesand costs,to includethe salaryand costsof in-housecounsel includingCity
Attorney.
1919 Bridger Drive Annexation Agreement 11
19.Waiver
No waiver by eitherpartyof any breach of any term,covenant or agreement shallbe deemed a
waiver of the same orany subsequent breach of thissame or any otherterm,covenant or agreement.No
covenant,term or agreement shallbe deemed waived by eitherpartyunlesswaived inwriting.
20.Invalid Provision
The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe other
provisions hereof,and this Agreement shall be construed in all respectsas if such invalid or
unenforceableprovisionwere omitted.
21.Modifications or Alterations
No modificationsor amendment of thisAgreement shallbe validunlessevidenced by a writing
signed by the partieshereto.
22.No Assignment
It is expressly agreed thatthe Landowner and/or Landowner/Developer shallnot assign this
Agreement inwhole or in partwithout priorwrittenconsentof the City.
23.Successors
This Agreement shallbe binding upon,inuretothebenefitof and be enforceableby the parties
heretoand theirrespectiveheirs,successorsand assignsand specificallytoany subsequent purchaserof
theannexed property.
24.Covenants to Run with the Land
The partiesintendthatthe terms of thisAgreement shallbenefitthe 1919 BRIDGER DRIVE
ANNEXATION and shallbe covenants running with the land and shallnotexpireattheirdeathsor upon
transferof ownership of theproperty.
1919 Bridger Drive Annexation Agreement 12
The undersigned Landowner affirmsthatthey have authoritytoenterintothisAgreement and to
bind themselves to thisAgreement.
1919 Bridger Drive Annexation Agreement 13
IN WITNESS WHEREOF,thepartiesheretohave caused thisagreement to be executed the day and
year firstabove written.
DATED this ay of 6ALÆdX ,2022.
LAN OWNER
Mn JPatW
By:Mghew &Morgan Hausauer
Title:Owners
STATE OF tY\¼A )
COUNTY OF Gaun
On this day of ¼W F ,2022,before me,the undersigned,a Not Public
forthe Stateof Ro½Ln A ,persona appeared Q w and Monaaq /g fauW
known to me to be the landowner thatexecuted the within instrument,and acknowledged to me that
they executed the same forand on behalfof landowner.
IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealtheday
and year firstabove written.
(SEAL)
Name He
SHElLA LARSEN otag PuW h k h d
NotaryPubHc Residing at#o forthestateorMontana
My Commission Expires:.SEAL Boze do tana (Use 4 digitsforexpirationyear)My CommissionExpires:'>,o,m*August3,2023
CITY OF BOZEMAN
1919 Bridger Drive Annexation Agreement 14
:fMi elich,City Manager
ATTEST:
SOZ
Mike Maas,ityClerk o
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this \l day of M Grch ,2022,beforeme,a Notary Publicforthe state
of Montana,personallyappeared JeffMihelich and Mike Maas,known to me tothe personsdescribed
in and who executed the foregoinginstrumentas InterimCityManager and City Clerk respectively,of
the City of Bozeman,whose names are subscribedtothe withininstrumentand acknowledged to me
thatthey executed thesame forand on behalfof saidCity.
IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealtheday and year
firstabove written.
(SEAL)
(Prmted Name Here)
.Notary Public forthe Stateof Montana
TAYLOR CHAMBERS Residing at 69 e
°fortheStat antana My Commission Expires:m ·n.20 25
SEAL soze a
n at.(Use 4 digitsforexpirationyear)
My CommissonExpirés:January12,2025
1919 Bridger Drive Annexation Agreement 15
EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
1919 BRIDGER DRIVE ANNEXATION
The undersignedowner of the realpropertysituatedintheCounty of Gallatin,Stateof Montana,
and more particularlydescribedas follows:
1919 Bridger Drive and more accuratelydescribedas Lots 34,35,and 36,Ed Vogel
SubdivisionNo.1,[PlatE-47],accordingto the platthereof,on fileand of recordinthe office
of theClerk and Recorder,GallatinCounty Montana;and locatedinthe SoutheastQuarterof
Section32,Township 1 South,Range 6 ion 32,Township 1 South,Range 6 East,of P.M.M.,
City of Bozeman,GallatinCounty,Montana.
More particularlydescribedas:
Beginning intheNorthwest cornerof saidLot 36;thence Easterly091°4 l'11",assumed
azimuth from North,74.89 feetalong the North lineof saidLots 34,35,and 36 tothe Northeast
corner of saidLot 34;thence Southerly 181°4 l'42"azimuth,322.96 feetalong theEast lineof
saidLot 34 tothe Southeastcornerof saidLot 34;thence Westerly 271°42'55"azimuth,75.02
feetalong theSouth lineof saidLots 34,35,and 36 tothe Southwest corner of saidLot 36;
thence Northerly001°43'05"azimuth,322.92feetalong West lineof saidLot 36 to thepointof
beginning.Area =24,206 square feet,0.5557 acresor 2,248.8 square meters.Subjectto
existingeasements.
0.5557 acresor 24,206 square feet.Subjectto existingeasements.
IN CONSIDERATION of receivingapproval for annexation of the subjectpropertyfrom the
City of Bozeman,along with accompanying rights and privilegesand for other and valuable
consideration,the receiptof which ishereby acknowledged,and in recognitionof the transportation
impacts toBridger Drive from StoryMillRoad toBoylan Road which willbe caused by thedevelopment
of the above-describedproperty,the owner has waived and does hereby waive foritself,itssuccessors
and assignsforeverthe rightto protestthecreationof one or more specialimprovement districtsforthe
design and engineering,constructionand maintenance of following improvements:for streetand
transportation improvements including design and engineering,paving and subsurface
1919 Bridger Drive Annexation Agreement 16
improvements,curb and gutter,sidewalk,stormwater drainage facilitiesfora)Bridger Drive from
Story Mill to Boylan Road.
Landowner agrees the City has the sole rightto controlthe design and constructionof such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructureplans and requirements.Further,the
Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the
districtbe assessed in response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includethe above-describedproperty.
In the event a SID isnot utilizedforthe completion of theseimprovements,thedeveloperagrees
to participateinan alternatefinancingmethod forthe completion of saidimprovements on a fairshare,
proportionatebasis as determined by the City on the basisof the square footage of property,taxable
valuationof theproperty,trafficcontributionfrom the development or a combination thereof.
This waiver ismade forthe benefitof thepropertydescribedhereinshallbe a covenant running
with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the
successors-in-interestand assignsof the Landowner.
1919 Bridger Drive Annexation Agreement 17
DATED this day of ,2022.
LANDOWNER
By:.thew &Morgan Hausauer
Title:Owners
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this day of ,2022,before me,the undersigned,a Notary Public
forthe Stateof Movikn o ,personall appeared IViaf hpot)4µ/My¶Æa Ngg In
known to me to be the landowner thatexecuted thewithin instrument,and acknowledged to me that
they executed thesame forand on behalfof landowner.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day
and year firstabove written.
(SEAL)
(Rraded Name H'ere)
SH A LAR EN
Notary Public forthe Stateof
OTAR4 .ifOrtheStateofMontana Residing at
sÃÃL.Ñ Bozem o tana My Commission Expires:
$4....//My CommissionExpires:(Use 4 digitsforexpirationyear)
August3,2023
1919 BridgerDrive Annexation Agreement 18
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
1919 BRIDGER DRIVE ANNEXATION
The undersignedowner of the realpropertysituatedintheCounty of Gallatin,Stateof Montana,
and more particularlydescribedas follows:
1919 Bridger Drive and more accuratelydescribedas Lots 34,35,and 36,Ed Vogel
SubdivisionNo.1,[PlatE-47],accordingto the platthereof,on fileand of record intheoffice
of the Clerk and Recorder,GallatinCounty Montana;and locatedinthe SoutheastQuarter of
Section 32,Township 1 South,Range 6 ion32,Township 1 South,Range 6 East,of P.M.M.,
City of Bozeman,GallatinCounty,Montana.
More particularlydescribedas:
Beginning intheNorthwest corner of saidLot 36;thence Easterly091°41'11",assumed
azimuth from North,74.89 feetalong theNorth lineof saidLots 34,35,and 36 to theNortheast
cornerof saidLot 34;thence Southerly 181°41'42"azimuth,322.96 feetalong the East lineof
saidLot 34 to theSoutheastcornerof saidLot 34;thence Westerly 271°42'55"azimuth,75.02
feetalong the South lineof saidLots 34,35,and 36 tothe Southwest corner of saidLot 36;
thence Northerly001°43'05"azimuth,322.92feetalong West lineof saidLot 36 tothe pointof
beginning.Area =24,206 square feet,0.5557 acresor 2,248.8 square meters.Subjectto
existingeasements.
0.5557 acresor 24,206 square feet.Subjectto existingeasements.
IN CONSIDERATION of receivingapproval for annexation of the subjectpropertyfrom the
City of Bozeman,along with accompanying rights and privilegesand for other and valuable
consideration,the receiptof which is hereby acknowledged,and in recognitionof the intersection
impacts to a)BridgerDrive and Story Mill Road,and b)Bridger Drive and Boylan Road which willbe
caused by the development of the above-described property,the owner has waived and does hereby
waive foritself,itssuccessorsand assignsforevertherighttoprotestthe creationof one or more special
improvement districtsforthe includinglighting,signalization/channelization,paving,curb/gutter,
4
1919 Bridger Drive Annexation Agreement 19
sidewalk,and storm drainage fora)Bridger Drive and Story Mill Road,and b)Bridger Drive and
Boylan Road.
Landowner agrees the City has the sole rightto controlthe design and constructionof such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructureplans and requirements.Further,the
Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the
districtbe assessed in response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includethe above-describedproperty.
In the eventa SID isnot utilizedforthecompletion of theseimprovements,thedeveloperagrees
to participateinan altematefinancingmethod forthe completion of saidimprovements on a fairshare,
proportionatebasisas determined by the City on the basisof the square footage of property,taxable
valuationof the property,trafficcontributionfrom thedevelopment or a combination thereof.
This waiver ismade forthebenefitof the propertydescribedhereinshallbe a covenant running
with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the
successors-in-interestand assignsof the Landowner.
1919 Bridger Drive Annexation Agreement 20
DATED this ay of ,2022
LANDOWNER
By:tthew &Morgan Hausauer
Title:Owners
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this day of ,2022,beforeme,the undersigned,a Notary Public
forthe Stateof fontum A ,personallyappeared ¾//Norça a M<ef or
known to me tobe thelandowner thatexecuted the within instrument,and acknowredged tome that
they executed the same forand on behalfof landowner.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealtheday and
year firstabove written.
(SEAL)
(ÉrliitedName ITere)
,,,,,Notary Publicforthe Stateof
A ARSEN Residing at
oov^a fortheStateofMontana My Commission Expires:*
SEÃL soze °n*N"00ªana (Use 4 digitsforexpirationyear)
My CommissionExpires:o,,no August3,2023
1919 Bridger Drive Annexation Agreement 21