HomeMy WebLinkAbout97- Arnold, Elva L Annexation Agreement
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filM 178 PACE3:J37
EL VAL. ARNOLD
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 18th day of Auqust , 1997, 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 59771-0640, hereinafter referred to
as "City", and Elva L. Arnold, 411 N. 20th Ave., Bozeman, Montana 59718, hereinafter referred to as
"Landowner" .
WHEREAS, Landowner is owner in fee of certain tracts of real property, hereinafter referred to
as the "Arnold Annexation Tract", situated in Gallatin County, Montana, and more particularly
described as follows:
Certificate of Survey No. 947 containing 2.696 acres, located in the Southwest Quarter
of Section 11, Township Two South, Range Five East, PMM, Gallatin County,
Montana.
WHEREAS, the Landowner has petitioned the City for annexation ofthe contiguous tract; and
WHEREAS, all parties recognize that the annexation of the Arnold Annexation Tract pursuant
to Section 7-2-4301, et seq., M.C.A. will entitle the above tracts to City services, including municipal
water and sewer service; and
WHEREAS, the City's present water and sewer supply is insufficient to enable it to supply
reasonable adequate water and sewer service to additional customers outside the present City
boundaries; and
WHEREAS, all parties recognize that the development of the Arnold Annexation Tract will
impact West Babcock Street and will require additional public street improvements for traffic
circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the Arnold Annexation Tract; and
WHEREAS, the Landowner finds 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 Arnold Annexation Tract; and
WHEREAS, the making and performance of this Agreement is desirable to 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
mva 1. Amold Annexation Agreement
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fiLM 178 PACE33J8
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 signatory to this Agreement;
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements contained within this
Agreement, the parties signatory to this agreement agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Bozeman City Commission will annex the Arnold Annexation Tract in accordance with its
decision on April 7, 1997.
3. Services Provided
The City will, upon annexation, make currently existing and available City services, including
water service, sewer service, police protection, and fire protection, available to the Arnold Annexation
Tract, as provided in this Agreement.
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, 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 Arnold Annexation Tract of any hook-up, connection, or development charges
which may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as it is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, as well as any other
tenns 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 Arnold Annexation Tract of any hook-up, connection, or development charges
which may be established by the City.
6. Water Rights
The parties acknowledge the following City policy:
Elva L. Arnold Annexation Agreement
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filM 178 PACE3J39
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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 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 often (10) acres, this policy shall be carried out prior to
final plat approval of each development phase.
Section 2, No.5, Commission Resolution 2716 adopted October 3, 1988
The Arnold Annexation Tract consists of 2.696 acres.
The Landowners understand and agree that they must provide sufficient water rights in
accordance with the City's policy at the time the Annexation Agreement is signed. The average annual
diversion requirement necessary to provide water will be determined on the basis of the zoning and
future development of the property. The amount of water use per year and the cash-in-lieu amount
thereof will be calculated by the City of Bozeman Public Service Director at the time the property is
developed.
7. Connection of Future Development to City Water and Sewer
Landowners understand and agree that aU future development on the Arnold Annexation Tract
shall be served by City Water and Sewer as provided for in the City's facility master planning
documents.
8. Impact Fees
Landowners understand and agree that the Fire and Street Impact fees for the existing dwelling
units on the Arnold Annexation Tract shall be paid concurrently with the filing of this Annexation
Agreement. Landowners further understand and agree that at the time the existing and/or new
structures apply for connection to the City's Water and Sewer facilities, Water and Sewer Impact Fees
shall also become due and paid. Landowners further understand and agree that any improvements,
either on- or off-site improvements, necessary to provide connection to the Arnold Annexation Tract
which are wholly attributable to the property are "project related improvements" as defined in the
Impact Fee Ordinance.
9. Tennination of Approval
The Landowner understands and agrees that the Arnold Annexation Agreement shall be signed
and submitted to the City with all the tenns of the Annexation Agreement having been met, within one
year of City Commission approval of the application.
10. Right-of-Way/ Easement for Roadways
Elva L. Arnold Annexation Agreement
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FILM 178 PACE3J40
The Landowners agree to dedicate, by written easement, the following land to the City of
Bozeman for right-of-way purposes:
a) A forty-five (45) foot wide strip along the north property line, beginning at the Section line
and proceeding south, and extending from the eastern to the western boundaries of the Arnold
Annexation Traet for West Babcock Street right-of-way.
11. Waiver of Right-to-Protest Speciallmorovement Districts
Landowners have executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for a) Street improvements to West Babcock Street, including paving, eurb and gutter,
sidewalks, and storm drainage facilities. Said Waiver is attached hereto as Exhibit A.
12. Additional Terms of Waivers
All parties recognize that these documents shall be filed and of record with the Gallatin County
Clerk and Recorder prior to the sale of any land or the development of any land within the Arnold
Annexation Tract by the Landowners and the parties agree that the City may file these documents at any
time.
13. Mapping
Landowner understands and agrees to provide an annexation map for use with the Annexation
Agreement. Landowners further understand and agree that the map must be supplied on mylar, either
24" x 36" or 18" x 24" format, for City records and on either letter or legal size paper for filing with the
Annexation Agreement with Gallatin County Clerk and Recorder.
14. 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.
15. 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.
16. Modifications or Alterations
No modification or alteration of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
Elva L. Arnold Annexation Agreement
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nut 178PACfJ341
17. No Assignment
It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part
without prior written consent of the City.
18. Successor
Except as provided in paragraph 17, 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.
19. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall not expire at their deaths or upon
transfer of ownership of the property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year as indicated above.
LANDOWNER
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Elva L. Arnold
STATE OF MONTANA )
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County of Gallatin )
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On this , il- day of ......JW lJL, , 1997, before me, a Notary Public for the State of
Montana, personally appeared Elva L. Arnold, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same.
~ WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this ~
day of li\..L, 1997.
Notary
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Elva L. Arnold Annexation Agreement
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filM 178 P^CfJ342
CITY OF BOZEMAN
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CLARK V. JOHNSON
Its City Manager
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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 Ii day of /'lf~~((d'j- , 1997, before me, a Notary Public for the State of
Montana, personally appeared Clark: 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.
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mva L. Arnold Annexation Agreement
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS
ARNOLD ANNEXATION TRACT
I, the undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Certificate of Survey No. 947 containing 2.696 acres, located in the Southwest Quarter
of Section 11, 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 effects of development of the above-
described property, have waived and do hereby waive for myself, my heirs, personal representatives,
successors and assigns, the right to protest the creation of one or more special improvement districts
for: a) Street improvements to West Babcock Street, including paving, curb and gutter, sidewalks, and
storm drainage facilities.
In the event Special Improvement Districts are not utilized for the completion of these projects,
I 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 property, linear front footage of
property, taxable valuation of the property, ultimate sewer contribution, or a combination thereof as
shall be approved by the City. A copy of the filed document shall be submitted with the Annexation
Agreement.
I further waive my 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.
E/va L. Arnold Annexation Agreement
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nlH 1'78 P^CfJ344
I warrant that I am lawfully seized and possessed of the real property described above and that I
have a lawful right to convey the property or any part of it.
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DATED this -----l-&- day of '- j{ V/lR , 1997.
LANDOWNER
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Elva L. Arnold
STATE OF MONTANA )
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County of Gallatin )
On this r2J~h.. day of _1U~Lf ,191/. before me, a Notary Public for the State of
Montana, personally appeared Elva L. Arnold, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same.
I~TNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
day of .. lJL,. , 1997.
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~ary P lie or h St te of Montana
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353952
INDeXED
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State of MORt.. County of Gallatin. 5S Iijled for record NOVEMBER 10 ,19 97
at 1,1 :33 A ~~ recorded in 800<< _12L- of _ MISCELLA~._page 3337
Ji~.If'jj - Racortl8r. By :;;<J--;;f-' ~~_ Delli",
FEE: $48.00 CRG
RT: CITY OF BOZEMAN
ATTN: ROBIN SULLIVAN
Elva L. Arnold Annexation Agreement
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FILM 178 PAC[J:J45
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PUBLIC STREET EASEMENT
Elva L. Arnold, GRANTOR, in consideration of $1.00 and for other and valuable considerations,
receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the
State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, a perpetual street and
utility easement for the use of the public, in, through, and across a strip of land situated in
Gallatin County, Montana, 45 feet wide to be located on the following described real property:
A tract of land located in the southwest one-quarter of Section 11, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
The boundary of a public access and utility easement being more particularly described
in the attached Exhibits "A " and "B", which by this reference is made a part hereof.
The GRANTOR states that they possess the real property described above and that they have a
lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by the GRANTOR.
The terms, covenants and provisions of the easement shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
Dated this /D~day o~, 19 9'1:
Grantor:
Elva L. Arnold
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STATE OF MONTANA )
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GALLA TIN COUNTY )
On this /!JiL day of U.)..l~ , 19iJ;before me, the undersign.e~ a Notary
Public in and for the State of ontana, personally appeared Ella {))Lfl r}/ {/ ,
known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
.. t~'ltt,I1>J"'ioJ'~JN~SS WHERE?F, I have hereunto set my hand and affixed my Notarial Seal
t.,J-' Wte &r~a.{",e~r first above wntten.
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ACCEPTED
CITY OF BOZEMAN
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By: ,,~,,\
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Clark Johnson
City Manager
ATTEST:
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Clerk of the Commission
STATE OF MONTANA )
GALLA TIN COUNTY ) .
On this .If'" day of ~~~'dA' , 19f7, before me, the undersigoed, a Notary
Public in and for the State of Montana, personally appeared CLARK JOHNSON and ROBIN
L. SULLIVAN, known to me to be the City Manager and Clerk of the Commission, respectively,
for the City of Bozeman and the persons whose names are subscribed to the within instrument
.~ ,,'" V;~ ~~~ed to me that they executed the same for and on behalf of the Ciry of Bozeman.
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My Commissiotl~xpires !f . /,7.' ? j
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I I: \3000\001 \EASE\ACSEASE.EAS
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flU~ 178 PACl3347
Exhibit "A"
A tract of land located in the southwest one-quarter of section11, Township 2 South, Range 5
East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows:
The boundary of a public access and utility easement more particularly described as follows:
Commencing at the West one-quarter corner of Section 11, Township 2 South, Range 5 East,
P.M.M., bearing along the mid-section line of said Section 11, North 89024'00" East, a
distance of 330.44 feet, to the true Point of Beginning;
Thence, continuing along said mid-section line of said Section 11, North 89c24'00"East, a
distance of 330.81 feet;
Thence, leaving said mid-section line and following the western property line of Tract 1 of the
Cahill Subdivision, South 01002'25" West a distance of 45.02 feet;
Thence, South 89024'00" West a distance of 135.72 feet;
Thence, North 01013'04" East a distance of 15.01 feet;
Thence, South 89C24'OO" West a distance of 60.05 feet;
Thence, South 01013'22" West a distance of 15.01 feet;
Thence, South 89024'00" West a distance of 135.18 feet to a point on the Eastern property line
of Tract 4 of the Van Horn Subdivision;
Thence following said property line of said tract 4, North 01013'21" East a distance of 45.02
feet to the True Point of Beginning.
Said tract contains 13,969 square feet, more or less.
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of Gallatin. ss J;lled for record _
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BOZEMAN, MT 59715
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853953
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TIllS INSTRUMENT WAS FILED FOR HECOI1D IN TillS OFFICE ON
TilE 10TH DA Y OF NOVEMBER , A.D" 19---.2.L_,.
AT ll':34 A 1\1., AND WAS DULY HECOHDED IN [l001( ~78___
OF MISCELLANEOUS RECORDS, PAGE _-.3.3.!5.__._
OFFICE OF COUNTY RECORDER)
COUNTY 01" CJALLATIN )
STATE OF MONTANA )
,:8k.l/.aj <lltUld'
Fce $ 24,00 eRG
RT: CITY OF BOZEMAN
ATTN: ROBIN SULLIVAN
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