HomeMy WebLinkAbout18- Annexation Agreement - Bellwether Renovations, LLC - Lot 3, Tract 7 Smith Annexation PLATTED
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City of Bozeman 2616300
City Clerk page; 1 of 18 06/12/2018 03:25:46 PM Fee. V26 0
PO Box 1230 Charlotte Mills — Gallatin County, MT
Bozeman, MT 59771-1230 111111111111III,IN111111111,111111111111111111IIIII��������������������������������������
LOT 3.TRACT 7 SMITH ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of _k,YtC_ 2018,
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 Bellwether
Renovations, LLC, 1627 West Main Street Suite 103, Bozeman, MT 59715, hereinafter
referred to as "Landowner". The City and Landowner are collectively referred to as "the
Parties."
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property,hereinafter
referred to as the LOT 3, TRACT 7 SMITH ANNEXATION situated in Gallatin County,
Montana, to be referred to herein as "the Property" and more particularly described as
follows:
The property is located at 525 Valley Drive. The property is further described
as:
A tract of land being Lot 3,Rearrangement of Tract 7 of the Smith
Subdivision, situated in the 511,T02 S,RO5 E, Gallatin County, Montana,
P.M.M. containing 0.5 acres.
SUBJECT to all easements of record or apparent from a visual inspection
of the property.
Lot 3,Tract 7 Smith Annexation Agreement 1
WHEREAS, Landowner petitioned the City for annexation to the City of said
Property; and
WHEREAS, the PROPERTY 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 that the annexation of the Property pursuant to
Section 7-2-4601, et seq., MCA will allow the Property to connect to and utilize City
services, including municipal water and sewer service, stormwater infrastructure, fire
service, and the City's street system, as requested by Landowner on November 29, 2017
and approved by the City on April 16, 2018; and
WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner may
agree upon a plan for the provision of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the Property will
impact area streets, police, fire, and recreation services, water and sewer systems, among
others, and that development of the property will require improvements to City facilities
and services including streets for traffic circulation and the provisions of police, fire, fire,
and recreational services; and
WHEREAS, Landowner finds this Agreement will provide for the most satisfactory
and dependable water supply and sewer service, stormwater infrastructure, and provide
traffic circulation and City services necessary for development of the Property; and
Lot 3,Tract 7 Smith Annexation Agreement 2
WHEREAS,the parties have determined that it is in the best interests of the City and
Landowner,and in furtherance of the public health,safety, and welfare of the community to
enter into and implement this Agreement.
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2.Annexation
Landowner filed an application for annexation of the Property with the City on
November 29, 2017. By execution of this Agreement, the City manifests its intent to annex
the Property pursuant to the terms and conditions of this Agreement and Landowner
agrees to be bound by the terms of this Agreement in regards to any future development of
the Property. 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 Property.
Further, upon the execution of this Agreement, 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 Property.
Lot 3,Tract 7 Smith Annexation Agreement 3
3.Services Provided
The City will, upon annexation, make available to the Property 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 Property. 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 Property 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
Property. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construction, and other costs for the sewer services to or within
the Property to include, but not limited to, any impact fees, hookup, connection, or
development charges,which may be established by the City.
Lot 3,Tract 7 Smith Annexation Agreement 4
6.Water and Sewer Connections
Landowner understands and agrees that water and sewer services must be
constructed in accordance with design and specifications approved by the City prior to the
installation of the water and sewer lines. Landowner must contact the City Water and
Sewer Superintendent to obtain details of construction requirements. Landowner must
notify the City Water and Sewer Superintendent a minimum of 48 hours prior to
construction of the services and disconnection of the well and septic system abandonment.
Landowner further understands and agrees that prior to connection to the City
water and sewer system, the existing on-site sewage treatment system must be properly
abandoned and certification provided to the City Water and Sewer Superintendent that the
abandonment occurred. The applicant must report the abandonment to the Gallatin City
County Health Department. In addition to abandonment of the septic tank and leach field,
the applicant must demonstrate that the sanitary sewer service to the septic tank has been
completely disconnected from the old septic system prior to connection to the City sanitary
sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only,
with no physical connection to domestic water piping. Certification that there is no physical
connection between an on-site well and the domestic water piping must be provided. The
City Water and Sewer Superintendent may perform an inspection of the property and
certify that the disconnection of the well and septic system abandonment are properly
completed. Landowner understands and agrees that if Landowner fails to properly
abandon the existing system and/or fails to disconnect the existing well from the domestic
Lot 3,Tract 7 Smith Annexation Agreement 5
water piping as required herein the City may upon ten day's written notice to the
Landowner terminate water and/or sewer services to the property. Costs of all
disconnects and/or subsequent reconnects shall be borne by Landowner.
7.Water Rights
Landowner agrees to provide water rights or cash-in-lieu of water rights to the City
at an amount equal to the anticipated average annual water demand required for any new
connections or new development on the property in accordance with Section 38.23.180,
Bozeman Municipal Code. Upon further development or subdivision of the property, the
amount of water rights or cash-in-lieu thereof due at the time of development or
subdivision 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, Landowner acknowledges that the rates for cash-in-lieu of water rights may
increase over time as established by Resolution of the City Commission. Payment of
$768.00 for cash-in-lieu of water rights for the existing home on the property is due at time
of annexation.
8. Comprehensive Water and Water Design Report
Prior to further future development of the property the City may require
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
Lot 3,Tract 7 Smith Annexation Agreement 6
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, Landowner agrees prior
to development of the Property to complete, at Landowner's expense, the necessary system
improvements to serve the proposed development.
9. Future Development Limitations
Landowner understands and agrees that there is no right, either granted or implied,
for Landowner to further develop any of the Property until it is verified by the City that the
necessary municipal services, including but not limited to police and fire protection,
streets, stormwater infrastructure, and sewer and water capacity, as provided herein or as
may be required pursuant to the City's approval of an application for development of the
Property, are available to all or a portion of the Property. Notice is thus provided to
Landowner that prior to additional development of the property, any facilities or
infrastructure required to provide full municipal services to the Property must be
constructed in accordance with the City's infrastructure master plans, adopted Growth
Policies/Community Plans, and all other city regulations, policies, and guidelines that may
be in effect at the time of development.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the Property for a
system designed to remove solids, oils, grease, and other pollutants from the runoff from
adjacent public streets and the area of the Property will be required to be provided to and
Lot 3,Tract 7 Smith Annexation Agreement 7
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 must 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.
11. Waiver of Right-to-Protest Special Improvement Districts
A. Landowner must 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. 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 agrees that in the event an SID is not utilized for the completion of
these improvements as described in subsections A above, Landowner must 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 Utility Easement
Landowner, at its sole expense, must create a 10' utility easement along Valley
Drive, on the east 10' of the subject property.The easement shall include the wording"The
Lot 3,Tract 7 Smith Annexation Agreement 8
undersigned hereby grants unto each and every person firm or corporation,whether public
or private, providing or offering to provide telephone, electric power, gas, internet, cable
television or other similar utility or service,the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and other facilities in, over,
under and across each area designated on this plat as "Utility Easement" to have and to
hold forever."
Additional utility easements may be required to be provided by Landowner at the
time of development to ensure necessary municipal services are available to the property.
Landowner, at its sole expense, must create such easements in locations and form
agreeable to the City during the appropriate development procedures, but in no event later
than the filing of any final plat or site plan review or issuance of a building permit on the
parcel
13.Payback Districts
The PROPERTY is within multiple payback districts. The following payback district
payment is due at the time the signed annexation agreement is returned to the City. The
payback district fees are:
a. SID 684: $4, 169.13
b. Pine Meadow(consolidated): $18, 000.00
c. Meadow Creek: $97.58
Lot 3,Tract 7 Smith Annexation Agreement 9
14.Impact Fees
Landowner acknowledges that annexation and development of its property will
impact the City's existing street, water and sewer infrastructure, and the City's fire service.
As approved by the City, Landowner and its successors must pay:
Transportation impact fees equal to the amount per Chpt. 2,Art. 6, Div. 9 BMC, or as
amended,at the time of application for development approval.
Fire impact fees equal to the amount per Chpt. 2, Art. 6, Div. 9 BMC, or as amended,
at the time of application for development approval.
Water impact fees as required by Chpt. 2, Art. 6, Div. 9 BMC, or as amended, at the
time of application for connection to city water.
Sewer impact fees as required by Chpt. 2, Art. 6, Div. 9 BMC, or as amended, at the
time of application for connection to city sewer.
The amount of impact fees to be paid for connection to the City's water and sewer
services, if any, must 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, must 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 Property municipal services and which
are wholly attributable to the property as determined exclusively by the City are
Lot 3,Tract 7 Smith Annexation Agreement 10
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 condition is to be
performed, and if the default is not remedied or corrected within thirty (30) days after
written notice by City to Landowner of such default, City may at their option:
Declare the amounts owing for impact fees immediately due and payable and City
shall have the right and privilege to take legal action against Landowner 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.
Elect any other remedy available to City under the laws of the State of Montana.
15. Assessments
Landowner understands and agrees that after this Agreement is recorded the
Property will be subject to City assessments for arterial and collector streets, street
maintenance,and tree maintenance on the same basis as all other properties in the City.
16.Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land with the Property. The parties
further agree that the City may file these documents at any time.
City standard sidewalks and drive approach must be constructed along Valley Drive
where adjacent to the property boundary and must be completed within 180 days of the
Annexation Agreement's effective date.
Lot 3,Tract 7 Smith Annexation Agreement 11
17. 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.
18.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.
19.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.
20.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.
21.Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced
by a writing signed by the parties hereto.
Lot 3,Tract 7 Smith Annexation Agreement 12
22.No Assignment
It is expressly agreed that Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
23.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.
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the PROPERTY 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.
25.Remedies
The Landowner understands and agrees the City may require the terms of this
Agreement as conditions of approval for any land use development application. In addition,
the Landowner agrees that should it be determined by the City to not be in compliance with
the terms of this Agreement the City may withhold approval of any such land use
application to include but not be limited to site plan, subdivision, zoning, or building
permit.
Lot 3,Tract 7 Smith Annexation Agreement 13
26.No Third-Party Beneficiary
This Agreement is for the exclusive benefit of the Parties, does not constitute a
third-party beneficiary agreement,and may not be relied upon or enforced by a third party.
27.Integration
This Agreement and all Exhibits attached hereto constitute the entire agreement of
the Parties. Covenants or representations not contained therein or made a part thereof by
reference, are not binding upon the Parties. There are no understandings between the
Parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn
unless specifically made a part of this Agreement by reference.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Lot 3,Tract 7 Smith Annexation Agreement 14
DATED this J 1 day of w 2018.
LANDOWNER
Josiah Pisel
BELLWETHER RENOVATIONS, LLC
STATE OF MONTANA )
COUNTY OFgc , /�J�
On this day of 2018, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Josiah Pisel, known to me to be the
of Bellwether Renovations, LLC that executed the within
instrument,and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set nf hand and affixed my official seal the
day and year first above written.
--— — KANDA V STER
QTAli VFs,� NOTARY PUBLIC for the 4rP
ere)/\Q�
9 to of Montana
,g * state Montana for the State of�
* SEAL. Residing at Bozeman,
cn� ze My Commission Expires Residing at
'OF Mo��P October 04,2018 My Commission Expires;—
(Use 4 digits for expiration year)
Lot 3,Tract 7 Smith Annexation Agreement 15
DATED this day of 12018.
CITY OF BOZEMAN
I - - . �-A I.-
An a urratt
City Manager
ATTEST: BOZ
y r a�' •♦
Robin Crough
(, Clerk O `er
N GO•
STATE OF MONTANA )
:ss
COUNTY OFl�1� )
On this 4+' day of ��.1u�� 2018, before me,the undersigned, a Notary
Public for the State of Montana, personally appeared Andrea Surratt and Robin Crough
known to me to be-the persons described in and who executed the foregoing instrument as
City Manager and�� k respectively, of the City of Bozeman,whose
names are subscribed the within instrument and acknowledged to me that they executed
the same for an 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.
oaSy,;F BRENDA SWEEN (Printed Name Here)
;Fy'; Notary Public
�GO aTAR/,4,�%',br the State of Montana Notary Public for the State of I
Residing at: Residing at �rr r2�LV,(I tL�
SEAL.._ Bozeman, Montana ,
9 �'c? Commission Expires: My Commission Expires:
D
%�NI,°F„M;�: �' December 02,20ta (Use 4 digits for expiration year)
Lot 3,Tract 7 Smith Annexation Agreement 16
EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
LOT 3.TRACT 7 SMITH ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
The property is located at 525 Valley Drive. The property is further described
as:
A tract of land being Lot 3, Rearrangement of Tract 7 of the Smith
Subdivision, S11,T02 S, RO5 E, P.M.M, Gallatin County, Montana,
containing 0.5 acres.
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, 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.
Lot 3,Tract 7 Smith Annexation Agreement 17
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 Landowner.
DATED this day of fAA-X 2018.
LANDOWNER
Josiah Pisel
BELLWETHER RENOVATIONS, LLC
STATE OF MONTANA )
•ss
COUNTY OF /
On this day of a 2018, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared Josiah Pisel, known to me to be the
���il� of Bellwether Renovations, LLC that executed the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set m and and affixed my official seal the
day and year first above written.
��oPa gq��FsA All�c sYIVST: /�P t m Here) �/ ala 66
NOTARY PUBLIC forth u n
* SEAL state of Montana ry P lic for the State of
N� a Residing at Bozeman,Mond 'ding at
My Commission Expire
F ON�Q? Commission Expires:,/
October 04,2018 y �
e 4 digits for expiration year)
Lot 3,Tract 7 Smith Annexation Agreement 18