HomeMy WebLinkAbout94- Crutcher, Anson Annexation Agreement
THIS AGREEMENT made and entered into this E,r~_. day ofpe.C€/?'Jf3&<<..-
, 1994,
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fll~ 152PASt23S3
BARFKNECHT ANNEXATION AGREEM(i:NT
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 ANSON H. CRUTCHER, President, Crutcher & Jacobson, Inc., for
Babcock Place Limited Partners, 874 Gravenstain Highway, Suite 6, Sebastopol, CA. 95472-4555,
hereinafter referred to. as ."Landowne.r'" . .. '.. "".. ,.: ~
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WHEREAS, Anson II. Crutch..::r is owncr in fee ofa tract of certain real property, hereinafter
referred to as the "Bart1mecht Annexation" situated in Gallatin County, Montana, and more
particularly deseribed as follows:
A tract of land containing 10.08 acres located in the East one-half of the W cst one-
half, of the Northeast one-quarter of the Southwest one-quarter of Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County,
Montana.
WHEREAS, the Landowner has petitioned the City for annexation
of the contiguous tract and
WHEREAS, all parties recognize that the annexation of the Barfknecht Annexation pursuant
to Section 7-2-4301, et seq., M.C.A., will entitle the said tract to City serviees, including municipal
water and sewer service; and
WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaries; and
WIIEREAS, all parties recognize that the development of the Barfknecht Annexation will
impact West Babcock Street and will require additional public streets for traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
equivalent aetion to provide water and sewer service to the Barfknecht Annexation; and
WHEREAS, the Landowner finds that this agreement will provide for the most satisfactory
and dependable water supply or service available to furnish water and provide traffic circulation for
development within the Barfknecht Annexation; and
WHEREAS, the making and performance of this agreement is desirable to promote the
development of the most adequate water 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 supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto.
WIT N E SET H:
TN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties
hereto agree as follows:
I. Recitals.
The above recitals are true and correct.
2. Annexation.
The City Commission will annex the Barfknecht Annexation in accordance with its decision
m~ 152Pf~Ct231a
2
on February 22, 1994.
3. Services Provided.
Pursuant to Section 7-2-4305(2), M.C.A., and Commission Resolution No. 2914, the City
will, after annexation, makc City services, including water and scwer, available to the Barfknecht
Annexation.
4. Municipal Water Service Defined.
The term "municipal water service" as is used in this agrecment shall be thc service which is
supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, as weB as any
other terms and conditions which apply to the City's provision of this service. The term does not
contemplate the cxtension oflines or construction of nccessary improvements at any cost to the City
for delivery of watcr to and within the three parcels of any hook-up, connection, Of development
charges which 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, 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 oflines or construction of necessary improvements at any cost to the City
for collection of sewage at and within the Barfknecht Annexation or any hookup, connection, or
development charges which may be established by the City.
r/lM 152PMf2311
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 thercot~ equal to the anticipated average annual
consumption of water by residents and/or uscrs ofthe property when fully developed. The fee
may be uscd 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.
Section 2, No.5,
Commission Resolution 2716 adopted
October 3, 1988
The Barfknecht Annexation consists of approximately 10.08 acres
3
The Landowncr understands and agrecs that he must provide sufficicnt water rights in
accordance with the City's policy according to the following schedule:
A. Barfknecht Annexation, consisting ofa total of 10.08 acres, prior to final subdivision plat
approval, final site plan approval or the issuance of any building permit, whichever occurs
first.
The Landowners shall supply such water rights or fee in lieu as calculated by the City in
accordance with its policy at the time of calculation. The Landowners further understand that the
City shall calculate average annual diversion requirement necessary to provide water on the basis of
the zoning designation for the property at the time such calculation is made.
7. Waiver of Right-to-Protest Special Improvement Districts to West Babcock Street.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements to West Babcock Street. This waiver is attached hereto as Exhibit A.
8. Waiver of Right-to-Protest Special Improvement Districts for Signalization at the Intersection of
West Babcock Street and West Main Street.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for signalization improvements at the intersection of West Babcock Street and West Main
Street. This waiver is attached hereto as Exhibit B.
9. Payback to Special Improvements District No. 622 Account for Connection to Existing Water
Main.
Landowner acknowledges and agrees that the development of this property will utilize an
existing Water Main in West Babcock Street, which is constructed by Special Improvements District
4
f1t~ 152P,~S[2312
No. 622. Pursuant to Special Improvcments District No. 622, and prior to final subdivision plat
approval, and connection to this watcr trunk, thc Landowner shall pay a prorate share of the projcct
costs associated with original installation of that trunk. The prorate share is equal to Seven Hundred
Fifteen Dollars and Fifty Cents ($715.50) per net acre annexed. Landowner's payment shall be made
as provided for in Paragraph Nine (9) of the Schrenk Annexation Agreement, executed
simultaneously herewith. This lwnp-sum payment shall be in the amount of Twelve Thousand Eight
Hundred Fourteen Dollars and Sixty-One Cents ($12,814.61) for all land annexed in accordance with
this agreement, the Schrenk Annexation Agreement, and thc Haggerty Annexation Agreement, being
a total of 17.91 net acres, and 27.29 gross acres annexed. This lump-sum payment shall be
reimbursed to Special Improvements District No. 622 (Water Fund Account).
10. Payback to Harry and Kathleen Dawn for Connection to Existing Sewer Main.
Landowner acknowledges and agrees that the development of this property will utilize an
existing sewer main in Durston Road, which was constructed by Harry and Kathleen Dawn. Pursuant
to a September 29, 1976 agreement, connection to this Main will require a payback in the amount
of Seven Thousand Eight Hundred One Dollars and Sixty Cents ($7,801.60). Landowner's payment
shall be made as provided for in Paragraph Nine (9) of the Schrenk Annexation Agreement, executed
simultaneously herewith. This payment shall be one lump-sum amount for all land annexed in
accordance with this agreement, the Schrenk Annexation Agreement and Ilaggerty Annexation
Agreement, being a total of 27.29 gross acres. This lump-sum payment shall be paid to the City of
Bozeman prior to final subdivision plat approval and prior to the time connection is made to the
sewer main for this property.
II. Additional Terms for 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 within the Barfknecht Annexation by the
Landowner, and the parties agree that the City may file these documents at any time.
11. Utility Easements.
The Landowner understands and agrees that utility easements, a minimum of 30 feet in width,
will be necessary for the installation and maintenance of watcr and sewer utility services to thc
annexed parcels. The landowncrs shall creatc such easements in locations agrccable to the City
during the subdivision procedure or planned unit development procedme but in no event later than
FIL~ 152rt'Cr2J1.J
the filing of any final plat or site plan or issuance of a building permit on any ofthe parcels.
12. Governing Law.
This agreement shall be construed according to the laws of the State of Montana.
] 3. 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.
14. Modifications or Alterations.
No modification or amendment of this agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
] 5. No Assignment.
It is expressly agreed that the Landowner shall not assign this agreement in whole or in part
without prior written consent of the City.
16. Successors.
Except as provided in paragraph] 6, 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.
17. Covenants to Run with the Land.
The parties intend that the terms of this agreement shall be covenants running with the land
and 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 first above written.
CITY OF BOZEMAN
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Its City Manager
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filM 152 r;\C[2.J1.t
LANDOWNER
ANSON H. CRU ER, President
Crutcher & Jacobson, Inc.
A Montana Corporation, General Partner
For Babcock Place Limited Partners
A Montana Limited Partnership
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this ~~ day of /); ',le.Y',; 1..7......._ , 1994, before me, a Notary Public for the State of
Montana, personally appeared Anson H. Crutcher known to me to the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
~~-~~.,'--"._~~
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Notary Public for the State of
Montana.
Residing: ,:",!) l /,~.q'l /vl T
Commission Expires: / - , "11
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rllM 152 P/~Ci 2.115
EXHIBIT" A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PA YEMENT. CURB. GUTTER. SIDEWALK. AND DRAINAGE
TO WEST BABCOCK STREET
1, the undersigned owner ofreal property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract ofland containing 10.08 acres located in the East one-half of the West one-
half, of the Northeast one-quarter of the Southwest one-quarter of Section I 1,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County,
Montana.
IN CONSIDERATION, ofreceiving annexation approval from the City of Bozeman,
along with the accompanying rights and privileges and for other valuable consideration, the
receipt of which is hereby acknowledged, and in recognition of the impact to West Babcock
Street which wiH be caused by the development of the above-described property, have waived and
do hereby for myself, my heirs, executors, administrators, personal representatives, successors and
assigns, waive the right to protest the creation of one or more special improvement districts for
curb, b'Utter, sidewalk, pavement, and drainage to West Babcock Street to one-half1ocal City
street standards or to make any written protest against the size or area or creation of the district
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 shaJJ not expire at my death,
provided however this waiver shall apply only to the lands herein described.
The tenns, covenants and provisions of the Waiver shaH extend to, and be binding upon
the heirs, executors, administrators, personal representatives, successors and assigns of the parties
hereto.
. .
rll~ 152 P~\Cl2.)15
Barfknecht Annexation Agreement - Exhibit "A"
Waiver of Right-to-Protest Creation of S.1.D.
West Babcock Street
Page Two of Two
DA TED this /20
A SON H. CRUTC , President
Crutcher & Jacobson, Inc.
A Montana Corporation, Gencral Partncr
For Babcock Place Limitcd Pmtners,
A Montana Limited Partnership
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this ~ day of ,;J/( ,;V~A , 1994, before me, a Notary Pubic for the State of
Montana, personally appeared Anson H. Crutcher, known to me to be the pcrson whose name is
subscribed to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
-----------.
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fiLM 152 Pt~C[~')17
EXHIBIT "B"
W AJVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTION OF WEST MAIN STREET
AND WEST BABCOCK STREET
I, the undersigned owner of real property situated in the County of Gallatin, State of Montana,
and more particularly deseribed as follows:
A tract ofland containing 10.08 acres located in the East one-half of the West one-
halt~ of the Northeast one-quarter of the Southwest one-quarter of Seetion 11,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County,
Montana.
IN CONSTDERA TION, ofreeeiving annexation approval from the City of Bozeman, along
with the accompanying rights and privileges and tor other valuable consideration, the receipt of which
is hereby acknowledged, and in recognition of the impact to the intersection of West Babcock Street
and W cst Main Street which will be caused by the development of the above-described property, have
waived and do hereby for myself, my heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the creation of one or more special improvement
districts for signalization at the interseetion of West Babcock Street and West Main Street or to make
any written protest against the size or area or creation of the district 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 at my death,
provided however this waiver shall apply only to the lands herein described.
The tenns, covenants and provisions of the Waiver shall extend to, and be binding upon the
heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto.
"
.. .
Barfknecht Annexation Agreement - Exhibit "B"
Waiver of Right-to-Protest Creation of S.LD.
Signalization at West Babcock Street and West Main Street
Page Two of Two
FILM 152 rl\C[ 2']1~3
DA TED this
AN ON H. C UTC , President
Crutcher & Jacoboson, Inc.
A Montana Corporation, General Partner
For Babcock Place Limited Partners,
A Montana Limited Partnership
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this _!~ day of /18/ Jd :u(:, 1994, before me, a Notary Pubic for the State of Montana,
personally appeared AnsonH. Crutcher, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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Net~'ry Public for the State of
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303487
State of Mont., County of Gallatin. ss Fifed for ll8Cord AP RI L 5 , 1 g....22...
at 2,35 pM., and recorded In Book 152 olL MISCELL9uS page blQ.2.
Sheney M. CbIoay Recorder. By J-;//fJ/JAO"/ !.i!#~-IA1 Deputy
RT: CITY OF BOZEMAN
FEE: $60.00