HomeMy WebLinkAbout97- Balian, Dennis & Joni Annexation Agreement
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BALIAN NORTH
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 21 s t day of
July
,1997 , by and
between the CITY OF BOZEMAN, a munieipal eorporation and political subdivision ofthe State of Montana,
with offices at 411 East Main Street, Bozcman, Montana 59771~0640, hereinafter referred to as "City", and
Dennis and Joni Balian, 955 Mary Road, Bozeman, MT 59715, hereinatler referred to as "Landowners".
WHEREAS, Landowners arc owners in fee of certain tracts of real property, hereinatler referred to as
the "Balian North Annexation Tract", situated in Gallatin County, Montana, and more particularly dcscribed as
follows:
Tracts 2, 3 and 4 of Fowler Subdivision, a subdivision of part of the SE 1/4, NW 1/4 of Section
11, T2S, R5E, M.P.M., Gallatin County, Montana, according to the official plat thereof on tile
and of record in thc officc ofthc County Clerk and Recorder, Gallatin County, Montana.
AND, a tract ofland lying in Tract 1 of Fowler Subdivision, a subdivision of part of the SE 1/4, NW 1/4,
of Section 11, T2S, R5E, M.P.M., Gallatin COlUlty, Montana, and more particularly described as
follows:
Bcgitming at the southwest comer of said Tract 1: thence northerly along the west line of said Tract 1
a distance of 213 feet: thcncc castcrly parallcl to the south line of said Tract 1 a distance of 21 feet;
thence Southerly parallel to the West line of said Tract I a distance of 213 feet, morc or less, to a point
on thc South line of said Tract 1: thence Westerly along said South linc a distance of 21 fect, morc or
less, to the point of beginning. As previously dcscribed in Warranty Dced recorded in Book 138 of
Deeds, page 60 I .
Said Tract consists of 6.15 acres.
WHEREAS, the Landowners havc requested annexation ofthe contiguous tracts: and
WHEREAS, all partics recognize that the annexation ofthe Balian North Annexation Tract pursuant to
Section 7-2-4301, et seq., M.C.A., will entitle the said tract 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 reasonably
adequate water and sewer service to additional customers outside the present city bOlUldaries: and
WHEREAS, the landowncrs wish to convey to the City certain water rights or take some equivalent
action to provide water and sewer service to the property: and
WHEREAS, all parties recognize that the devc10pment of the Balian North Annexation Tract will impact
West Babcock Street, West Mendcnhall Street, and the intersection of West Babcock Street and West Main
Strcet and
WHEREAS, the Landowners t1nd 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 Balian North Annexation Tract: and
BALIAN NORTH ANNEXATION AGREEMENT
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filM 178 PACE3364
WHEREAS, the making and performance of this Agreement is desirable to promote the development
ofthe 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 Landowners lll1derstand and agree that no development shall be approved for any ofthe
Balian North Annexation Tract until water, sewer and street improvements arc made resulting in adequate City
transportation and services, which adequacy shall be detemlined by the Director of Public Service, or his
designee, to safely acconmlOdate use of and travel to, from, and within the parcel proposed for development, and
provide adequate water and sanitation facilities; and
WHEREAS, the sccuring of an adequate water and sewer supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto.
WIT N E SSE T H:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto
agree as follows:
1. Recitals.
The above recitals arc true and correct.
2. Annexation.
The City Commission will annex the Balian North Annexation Tract in accordance with its decision on
May 15, 1995.
3. Services Provided.
The City will, upon annexation, make currently existing and available City services, induding water
servlce, sewer service, police protection, and fire protection, available to the Balian North Annexation Tract, as
provided in this Agreement.
4. Municipal Water Service Defined.
The teTIn "mwlicipal water service" as 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 docs not contemplate the extension of
lines or constmction of necessary improvements at any cost to the City for delivery of water to and within the
three parcels of any hook-up, connection, or development charges which may be established by the City.
5. MWlicipal 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, as well as any other terms and
conditions which apply to the City's provision of this service. The teTIn does not contemplate the extension of
BALIAN NORTH ANNEXATION AGREEMENT
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fiLM 178 PACE3365
lines or construction of necessary improvements at any eost to the City for collection of sewage at and within the
Balian North Annexation Tract or any hookup, cOlUleetion, or development charges which may be established
by the City.
6. Water Rights.
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 thereot 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 atmcxation 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 Balian North Annexation Tract consists of approximately 6.15 acres.
The Latldowners understatld atld 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 for the property has been calculated by the City on the basis oHhe R-MH, Residential
Mobile Home, zoning designation ofthe property to be 20.67 acre feet per year. The cash in lieu of this amount
equals $7,429.67. This amount shall be paid by the Landowners upon signing this Agreement.
7. Waiver of Ril;hHo-Protest Special Improvement Districts
Landowners have executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for
street improvements to a) West Babcock Street, including paving, curb/gutter, sidewalk, and storm drainage; b)
West Mendenhall Street, including paving, curb/gutter, sidewalk, and storm drainage; and c) signalization
improvements to the intersection of West Babcock Street atld West Main Street. Said Waiver is s attached hereto
as Exhibit A.
8. Right-of-Way/Easement for Future Roadways.
Landowners agree to dedicate, by written casement, the following land to the City of Bozeman for right-
of-way purposes:
BALIAN NORTH ANNEXATION AGREEMENT
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a) A 45.0-foot wide strip along and south property line for West Babcock Street right-of-
way.
b) A 60.0-foot wide strip through the property for West Mendenhall right-of-way.
The Latldowners shall be responsible for all dedication costs, including survey and platting costs.
9. Water and Sewer SID District Payback
Landowners understand and agree that the subject property is located within Special Improvement
Distriet 621 Sewer Payback Area, and Special Improvement District 622 Water Payback Area, and that payback
to these ftmds will be required from the developer at the time sewer and water mains to serve the subject property
BAUAN NORTH ANNEXATION AGREEMENT
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filM 178 PACEJ366
connect to the existing sewer and water mains that arc the subject of said Special Improvement Districts. The
amowlt of payback will be calculated by the City at the time of development.
10. Utility Easements.
The Landowncrs Wlderstand and agree that utility easements, a minimum of 30 feet in width, will be
necessary for the installation and maintenance of water and sewer utility serviecs to the annexed parcels. The
Landowners shall create such easemcnts in locations agreeable to the City during the appropriate development
procedurc, but in no event later than the filing of any final plat or site plan or issuance of a building pennit on
any of the parcels.
II. Additional Terms of Waivers.
All parties recognize that these documents shall be filed and of record with the Gallatin COWlty Clerk
and Recorder prior to thc sale of any land within the Balian North Allliexation Tract by the Landowners, and the
parties agree that the City may file these documents at any time.
12. Governing Law and Venue.
This Agreement shall be construed wlder and governed by the laws of the state of Montana. In the event
oflitigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State
of Montana.
13. Invalid Provision.
The invalidity or lmenforccability 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 werc
omitted.
14. Modifications or Alterations.
No modification or amendment ofthis Agreement shall be valid unless evidenced by a writing signed
by the parties hereto.
15. No AssilPlment.
It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part without
prior written conscnt of the City.
16. Successors.
Except as provided in paragraph 18, this Agreement shall be binding upon, inure to the benefit of and
be enforceable by the parties hercto and their respcctive heirs, successors and assigns.
17. Covenants to Run with the Land.
Thc parties intend that the terms of this Agreement and shall not expire at thcir deaths or upon transfer
of ownership of the property.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
LANDOWNERS
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Dennis Balian
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Jm' alia~
STATE OF MONTANA
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County of Gallatin )
On this /2 ...\~- day of '".cc>.,,,,~ ' 19lL-, before me, a Notary Public for the State of Montana,
personally appeared Dennis Balian(and Jon1 Balian, known to me to the persons whose names are subscribed to
the within instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have herelUlto set my hand and affixed my official seal this,.:::-)-....~h.day of
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Notary Public fortheState of Montana
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Commission Ex . es: \D'" al. -'--I 'i
CITY OF BOZEMAN
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BALIAN NORTH ANNEXATION AGREEMENT
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Clerk of the City Commission
STATE OF MONTANA )
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County of Gallatin )
On t4~ qay of.. 1 gj' ? , before me, a Notary Public for the State of Montana,
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personally appeared Cc,. / v. LA t)'-' and Robin L Sullivan, known to me to be the persons
described in and who executed. e foregoing instrument as 1;/ 11..;.' /)&iLq(/C and Clerk of the City
Commission respectively, of the City of Bozeman, whose names atte 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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fflH178 PAC[3368
EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREA nON OF SPECIAL IMPROVEMENT DISTRICTS
BALIAN NORTH ANNEXATION TRACT
We, the undersigned owners ofthe real property situated in the COlUlty of Gallatin, State of Montana.
and more particularly described as follows:
Tracts 2, 3 and 4 of Fowler Subdivision, a subdivision of part ofthe SE 1/4, NW 1/4 of Section II, T2S,
R5E, M.P.M., Gallatin COlUlty, Montana, according to the oft1cial plat thereof on file and of record in
the office ofthe County Clerk and Recorder, Gallatin COlUlty, Montana.
AND, a tract ofland lying in Tract I of Fowler Subdivision, a subdivision of part ofthe SE 1/4, NW 1/4,
of Section 11, T2S, R5E, M.P.M., Gallatin County, Montana, and more particularly described as
follows:
Beginning at the southwest comer of said Tract 1; thence northerly along the west line of said Tract I
a distance of 213 feet; thence easterly parallel to the south line of said Tract I a distance of 21 feet;
thence Southerly parallel to the West line of said Tract I a distance of 213 feet, more or less, to a point
on the South line of said Tract I; thence Westerly along said South line a distance of 21 feet, more or
less, to the point of beginning. As previously described in Warranty Deed recorded in Book 138 of
Deeds, page 60 I .
Said Tract consists of 6.15 acres.
IN CONSIDERA nON of receiving approval for annexation of the subject property to the City of
Bozeman, along with accomp<mying rights and privileges and for other and valuable consideration, the receipt
of which is hereby acknowledged, in recognition ofthe change in traft1c that will be generated by 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
district for: 1) street improvements to West Babcock Street, including paving, curb and gutter, sidewalk, and
stonn drainage; 2) streL'!: improvements to West Mendenhall Street, including paving, curb and gutter, sidewalk,
and storm drainage; and 3) signali7ation improvements at the intersection of West Babcock Street and North
Main Street.
In the event Spcciallmprovement Districts are not utilized for the completion ofthese projects, we agree
to participate in an alternate financing method for completion of said improvements on a fair share, proportionate
basis as detcnnined by square footage of the property, linear front footage of the property, taxable valuation of
the property, or a combination thereof.
We further wdive 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.
BAUAN NORTH ANNEXATION AGREEMENT
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This waiver shall be a covenant numing with the land and shall not expire.
We warrant that we are lawfully seized and possessed ofthe real property described above and that we
have a lawful right to convey the property or any part of it.
DATED this 5 thday Of~~ n.e... , 19~
LANDOWNERS
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Dennis Balian
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(~ MA&i~h
J 1 Balian
ST A TE OF MONTANA )
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County of Gallatin )
On this _6 day of JiJ AI r;- ,19~ before me, a Notary Public for the State of Montana,
personally appeared Dennis Balian and Joni Balian, known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and set my seal on the date noted above.
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Notary Pub c for S~te .ot: MO}ltana_
Residingat /?JVUfVf411V ~(
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353957
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State of MOIIt., County of Gaflatln. IS ~Ied for record NOVEMBER 10
It l1~~~/~M., ~~cordod In Book ] 7R af MISCELLANEOUS
~ Recortler. By ~~ t:ft ~t'-
FEE: $42.00 CRG ~ l/I
RT: CITY OF BOZEMAN
ATTN: ROBIN SULLIVAN
, 19---21..
page -J 36 3
DepMty
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