HomeMy WebLinkAbout98- Armknecht, Frank & Lois Annexation Agreement
fit M 183 PACE2281
ARMKNECHT ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of
Apri 1
1998, by and between the CITY OF BOZEMAN, a municipal corporation and political
subdivision of the State of Montana, with offices at 411 East Main Street, Bozeman,
Montana 59715, hereinafter referred to as "City", and property owners FRANK AND
LOIS ARMKNECHT, 9748 Cougar Drive, Bozeman MT 59715, herein after referred to
as "Landowners":
WITNESSETH:
WHEREAS, Landowners are owners in fee of a certain tract of real property,
hereinafter referred to as the "Armknecht Annexation Tract", situated in Gallatin
County, Montana, and more particularly described as follows:
Lot 1, Block 2, Pleasant Valley Subdivision, located in the Northwest
Quarter of Section 11, Township Two South, Range Five East, PMM,
Gallatin County, Montana; and
WHEREAS, the Landowners have petitioned the City for annexation of the
Tract; and
WHEREAS, the Armknecht Annexation Tract is not within the corporate limits
of the City or other municipality and the Landowners assert through petition that the
property is not restricted from annexation under ~7-2-4608, M.C.A., and may
therefore be annexed to the City in accordance with the provision of this Agreement
and M.C.A. Title 7, Chapter 2, Part 46; and
WHEREAS, all parties recognize that the annexation of the Armknecht
Annexation Tract pursuant to ~7-2-4601, et seq., M.C.A., will entitle the said Tract
to City services, including municipal water and sewer service, upon their availability;
and
WHEREAS, M.C.A. ~7-2-4205 and ~7-2-461 0 provide that a municipality and
Landowners can agree to the provision of services to the area to be annexed; and
WHEREAS, the City's present water distribution and sewer collection systems
are insufficient to enable it to supply reasonably adequate water and sewer service
to the subject properties; and
ARMKNECHT ANNEXA TlON AGREEMENT
PA GE 1
..
WHEREAS, the making and performance of this Agreement is desirable to
tiL~ lB3ri\CE2282
WHEREAS, the Landowners wish to convey to the City certain water rights or
take some equivalent action to provide water and sewer service to the Armknecht
Annexation Tract; and
WHEREAS, the Landowners find that this Agreement will provide for the most
satisfactory and dependable water and sewer supply or service available to furnish
water and sanitary sewer services and provide traffic circulation for development near
and within the Armknecht Annexation Tract; and
WHEREAS, all parties recognize that West Babcock Street is currently
constructed at a substandard level, and will require additional public street
improvements for traffic circulation; and
promote the development of the most adequate water and sewer supply and traffic
circulation pattern for the City as it now exists and as it is reasonably expected to
enlarge; and
WHEREAS, the securing of an adequate water and sewer supply and traffic
system by the City is necessary and of mutual advantage to the parties hereto; and
WHEREAS, the parties have determined that it is in the best interests of the
City and the Landowners, and in furtherance of the public health, safety and welfare
of the community to enter into and implement this Agreement.
IN CONSIDERATION of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
1. Recitals.
The above recitals are true and correct.
2. Annexation.
The Landowners submitted a qualifying petition with seventy five (75) percent
of the registered electors and one hundred (100) percent of the owners of the real
property in the area requesting annexation to the City. On March 2, 1998, the City
Commission approved the petition and accepted the Annexation Agreement drafted
by Staff. By execution of this Agreement, the City has manifested its intention to
annex the Armknecht Annexation Tract pursuant to the terms and conditions of this
Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46 M.C.A., the City,
ARMKNECHT ANNEXA TlON AGREEMENT
PA GE 2
in this Agreement. Landowners acknowledge and accept the fact that the level of fire
service is reduced due to lack of fire hydrants in the area. The Landowners hereby
agree to hold the City harmless for any and all claims and liability for damages and
flit~; 18,3PAC1228J
shall upon execution of this Agreement, adopt a Resolution of Annexation of the
Armknecht Annexation Tract to the City. Further, upon the execution of this
Agreement, the Landowners shall do all things necessary and proper to aid and assist
the City in carrying out the terms, conditions, and provisions of this Agreement and
effectuate the annexation of the Armknecht Annexation Tract to the City.
3. Services Provided.
The City will, upon annexation, make available only existing City services to the
extent currently available, including municipal water service, municipal sewer service,
police protection, and fire protection, to the Armknecht Annexation Tract, as provided
injuries arising out of the reduced level of fire service in the area.
4. Municipal Water Service Defined.
The term "municipal water service" as it is used in this Agreement shall be the
service which is supplied by the City in accordance with Chapter 13.12, Bozeman
Municipal Code, or as may be amended, as well as any other terms and conditions
which apply to the City's provision of this service. The term does not contemplate
the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the Armknecht Annexation Tract. Nothing in
this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and/or other costs for the delivery of water to or within the Armknecht
Annexation Tract to include, but not limited to, any hook-up, connection, or
development charges which are 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 13.24, Bozeman
Municipal Code, or as may be amended, as well as any other terms and conditions
which apply to the City's provision of this service. The term does not contemplate
the extension of lines or construction of necessary improvements at any cost to the
City for collection of sewage at and within The Armknecht Annexation Tract. Nothing
ARMKNECHT ANNEXA TlON AGREEMENT
PA GE 3
Section 2, No.5, Commission Resolution 3137, adopted August 19, 1996
r Il M 183 PAU2284
in this Agreement shall obligate the City to pay for right-of-way acquisition,
engineering, construction, and/or other costs for the collection of sewage services to
or within the Armknecht Annexation Tract to include, but not limited to, any hookup,
connection, or development charges which are or may be established by the City.
6. Water Riqhts.
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the poliCY of the City of
Bozeman to acquire usable water rights, or an appropriate fee in lieu
thereof, equal to the anticipated average annual consumption of water
by residents and/or users of the property when fully developed. The fee
may be used to acquire water rights or for improvements to the water
system which would create additional water supply capacity. Except,
however, that for any annexation in excess of ten (10) acres, this policy
shall be carried out prior to final plat approval of each development
phase.
The Armknecht Annexation Tract consists of approximately 0,51 acres.
The Landowners shall provide sufficient water rights or cash-in-lieu thereof in
accordance with the City's pOlicy at the time the property is annexed. The Annexation
Tract is currently developed with a four dwelling unit structure. Additional dwelling
units appear unlikely. The calculated cash-in-lieu of water rights amount is $604.04.
7. ComDrehensive Water and Sewer Desiqn ReDort
Prior to future development of the property, the Landowners shall have prepared
by a Professional Engineer, at Landowners' expense, a comprehensive design report
evaluating existing capacity of sewer and water utilities. The report must include
hydraulic evaluations of each utility for both existing and post-development demands,
and the report findings must demonstrate adequate capacity to serve the full
development of the land. If adequate water and/or sewer capacity is not available for
full development, the report must identify necessary water system and sewer system
improvements required for full development. The Landowners agree to complete at
their own expense the necessary system improvements to serve the full development.
8. Connection of existing dwellinq units to City Water and Sewer
Landowners understand and agree that the existing four dwelling unit structure
shall connect to City Water and Sewer services when they become available. The
Landowners shall obtain an easement outside the public right-of-way for installation
ARMKNECHT ANNEXA TION AGREEMENT
PAGE 4
The existing septic tank shall be pumped and filled and properly abandoned
filM 183PAC[2285
of the sewer service. If an easement can not be obtained, the owner shall obtain an
encroachment permit from Gallatin County and the service shall be installed as close
to the edge of the right-of-way as possible. The Landowner shall submit plans and
specifications to the City Engineering Division for review and approval prior to the
installation of the sewer service. The design shall include consideration of the impacts
of the proposed improvements on West Babcock Street and assurance that the
existing and proposed system will not cause ground water to enter the City's sewer
system.
after connection to City Sewer is completed. All domestic water supplies serving the
property shall be metered by a City Standard water meter installed by the City of
Bozeman at the owners' expense prior to the initiation of sewer service. The
Landowners understand and agree that they are responsible for the maintenance of
the entire length of the sewer service line due to its temporary status.
9. Waiver of Riqht~to-Protest Special Imorovement Districts
Having recognized the City's concern of long term maintenance costs and the
impact of development of the Armknecht Annexation Tract may have on area streets
and surrounding parks, Landowners have executed a Waiver of Right~to-Protest
Creation of Special Improvement Districts for the right to protest the creation of one
or more special improvement districts for: 1) a Special Improvement Maintenance
District for a City~wide Park Maintenance District; 2) street improvements, including
paving, curb/gutter, sidewalk, and storm drainage to a) West Babcock Street and b)
Valley Drive; 3) Sewer mains which provide service to the lot frontage; and 4) Water
main improvements to provide full municipal water service. Said Waivers are attached
hereto as Exhibit A. and are hereby incorporated in and made a part of this
Agreement.
10. Additional Terms of Waivers.
The parties recognize that these documents shall be filed and of record with the
Gallatin County Clerk and Recorder prior to the sale or transfer of ownership of any
land within the Armknecht Annexation Tract. The parties agree that the City may file
these documents at any time.
ARMKNECHT ANNEXA TlON AGREEMENT
PA GE 5
11. Stormwater Master Plan.
fIt M 183 PACf2286
Landowners understand and agree that a Stormwater Master Plan for the
Armknecht Annexation Tract for a system designed to remove solids, oils, grease, and
other pollutants from the runoff from the public streets must be provided to and
approved by the City Engineer at the time of any future development. The master
plan must depict the maximum sized retention/detention basin locations and locate
and provide easements for adequate drainage ways within the area to transport runoff
to the Stormwater receiving channel(sl. The plan shall include site grading and
elevation information, typical Stormwater detention/retention basin and discharge
structure details, basin sizing calculations, and Stormwater facilities maintenance plan.
12. Future Develooment.
Landowners understand and agree that all future development on the
Armknecht Annexation Tract shall be served by City Water and Sewer as provided for
in the City's facility master planning documents. Landowners understand and agree
that municipal services are not currently available to much of the area proposed for
annexation, and that there is no right, either granted or implied by the City, for the
Landowners to develop any of the Armknecht Annexation Tract until it is verified by
the City that necessary municipal services, including but not limited to police and fire
protection, are available to all or a portion of the Armknecht Annexation Tract.
Therefore, the phasing and timing of any and all infrastructure improvements
and other development to occur in the Armknecht Annexation Tract shall be subject
to review and approval by the City to ensure optimal utilization of infrastructure
resources to ensure adequate provision of services that will not create long or short
term maintenance problems for the City.
Landowners understand and agree that they may be required to install and use
labor saving equipment and/or devices, e.g. automatic read water meters, in all new
development to occur in the Tract. Upon the availability of a sewer main along the lot
frontage the owner shall immediately, without further notice, connect to the sewer
main and abandon the temporary sewer service. Upon the availability of a water main
along the lot frontage the owner shall immediately, without further notice, apply for
water service and connect to the water main. At such time the existing on-site well
ARMKNECHT ANNEXA nON AGREEMENT
PA GE 6
f Il M 183 fACE2287
shall be abandoned for domestic use, but continued use of the well will be allowed for
yard irrigation purposes.
13. Impact Fees.
Landowners shall pay to the City Fire and Street Impact Fees for the existing
structures within the Tract prior to or at the time of Landowners' execution of this
Agreement. At the time the existing and/or new structures apply for connection to the
City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer
Impact Fees which are due. Landowners further understand and agree that any
improvements, either on- or off-site, necessary to provide connection of the
Armknecht Annexation Tract to municipal services which are wholly attributable to
the property are "project related improvements" as defined in Chapter 3.24, Bozeman
Municipal Code, or as amended, and as such, are not eligible for impact fee credits.
14. Special Improvement District Pavbacks
Landowners shall provide the necessary payback for Special Improvement
District No. 621 prior to the installation of sewer service lines. The payback amount
has been calculated to be $337.71.
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 concerning this Agreement, venue is in the
Eighteenth Judicial District Court, Gallatin County, State of Montana.
16. Attornev'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.
ARMKNECHT ANNEXA nON AGREEMENT
PA GE 7
18. Invalid Provision.
t IlM 183 PACl2288
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.
19. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless
evidenced by a writing signed by the parties hereto.
20. No Assianment.
It is expressly agreed that the Landowner 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 hereto and their respective heirs, successors and assigns.
22. Covenants to Run with the Land.
The parties intend that the terms of this Agreement shall not expire at their
deaths or upon sale or transfer of ownership of the property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
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Frank Armknecht
STATE OF MONTANA
ss
County of Gallatin
On the,d.k day of/lkie.i~ , 19>'J~ baf9re me, a Notary Public for the
State of Montana, personally appeared,_.J~"~ if.'b--fALA.-.':_<>l"..J.'/' , known to
me to be the person(s) whose name(s) is/are subscribed to the above instrument and
acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first written above, ('
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ARMKNECHT ANNEXA nON AGREEMENT
PA GE 8
filM 183 fAGt2289
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Lois Armknecht
STATE OF MONTANA
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the_.day and year first written above.
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CITY OF BOZEMAN
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C~-~R~ V~'~HNSON
Its City Manager
ATTEST:
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Clerk of the City Commission
STATE OF MONTANA
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County of Gallatin )
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On this (./ day of /l.ii.... , 19lL, before me, a Notary Public for the
State of Montana, personally app ared Clark V. Johnson and Robin L. Sullivan, known
to me to be the persons 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 as of the day and year first above written.
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ARMKNECHT ANNEXA TlON AGREEMENT
PAGE 9
fILM 183 rf'CE2290
EXHIBIT" A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
ARMKNECHT ANNEXATION TRACT
We, the undersigned owners of the real property situated in the County of
Gallatin, State of Montana, and more particularly described as follows:
Lot 1/ Block 2/ Pleasant Valley Subdivision containing 0.514 acres,
located in the Northwest Quarter of Section 11 t Township Two South,
Range Five East, PMM, Gallatin County, Montana.
IN CONSIDERATION of receiving approval for annexation of the subject
property to the City of Bozeman, along with accompanying rights and privileges and
for other and valuable consideration, the receipt of which is hereby aCknowledged, in
recognition of the impacts on traffic, parks, and the need for municipal sewer and
water services that will be a result of the development of the above-described
property, have waived and do hereby waive for ourselves, our heirs, personal
representatives, successors and assigns, the right to protest the creation of one or
more special improvement districts for: 1) a Special Improvement Maintenance District
for a City-wide Park Maintenance District; 2) street improvements, including paving,
curb/gutter, sidewalk, and storm drainage to a) West Babcock Street and b) Valley
Drive, 3) Sewer mains which provide service to the lot frontage; and 4) Water main
improvements to provide municipal water service to the lot frontage.
In the event Special Improvement Districts are not utilized for the completion
of these projects, we agree to participate in an alternate financing method for
completion of said improvements on a fair share, proportionate basis as determined
by square footage of the property, linear front footage of the property, taxable
valuation of the property, or a combination thereof.
We further waive our right to make any written protest against the proposed
work or against the extent or creation of the districts to 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 shall be a covenant running with the land and shall not expire.
We warrant that we are lawfully seized and possessed of the real property
described above and that we have a lawful right to convey the property or any part
of it.
ARMKNECHT ANNEXA TlON AGREEMENT
PAGE 10
IILM l.SJr+'Ct~291
DATED this,~ day of //Ju-?lot
I 1998,
:J'~f-tlJ J/VyJ./llL ~jr'-
Frank Armknecht
STATE OF MONTANA
55
County of Gallatin
On the aj:K day of /lllL&-i~ I 190Y, befog, me, a Notary Public for the
State of Montana, personally appeared L Yc 1;1..A't A-LU,-I/'" , known to
me to be the person(s) whose name(s) is/are subscribed to the above instrument and
acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first written above.
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Lois Armknecht
STATE OF MONTANA
55
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first written above.
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362838
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State of Ment., County of Gal/aHA. ss Flied for record APRIL 10 19 98
at 11 :41 A M., and reccrtied in Cook 183. ?' MIS~US .. page 2281
,...<;~~llt!~ ~ an.t:!Z , Recorder. By ..' _ ? -- Deputy
FEE: $66.00 CRG
RT: CITY OF BOZEMAN
ARMKNECHT ANNEXA TlON AGREEMENT
PAGE 11