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HomeMy WebLinkAbout00- Bon Ton Annexation Agreement , " II " I III "" " " " I Sh.ll.y Vano.-Gallatln Co MT MISC Ii ~PIO ~1 nON TON ANNEXATION 1112026407 Fag.: 1 0' 10 12/09/2000 01 :26F 60.00 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 20th day of November 2000, 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, P.O. Box 1230, Bozeman, Montana 59771-1230, hereinafter referred to as "City" and EUGENE GRAF, III for BON TON, INC. OF BILLINGS, P.O. Box 906, Bozeman, Montana 59771-0906, hereinafter rcferred to as "Landowner". WITNESSE'\'H: WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinaftcr referred to as the "BON TON ANNEXATION" situated in Gallatin County, Montana, and more particularly describcd as follows: Legal Dcscription Two parcels of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way located in the Northeast Quartcr and Southcast Quarter of Section 24, Township 2 South, Rangc 5 East, Principal Meridian Montana, Gallatin County, Montana, said parccls bcing more particularly described as follows: Parcc I A Commencing at thc southeast corncr of Minor Subdivision No. 84, as recorded in the Gallatin County Clerk and Recorder's office, a point on the centerline of thc abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way, being also the true point of beginning of Parcel A; thence South 0007'34" West, along said centerl inc, to the extended north line of Lot 1, Block 7, of a Subdivision Plat of Figgins Addilion (4th Phase), in the Gallatin County Rccords, a distancc of 255.85 feet; thence North 8918'53" East, along said cxtended north line to the cast side of said right of way, a distance of 50.01 feet; thcncc South 0007'34" West, along the east side of said right of way to thc south line of the South cast Quartcr of lhc Northeast Quarter of said Section 24, a distance of 120.70 feet; thence South 8918'01" West, along thc said soulh line, a distance of 9.00 feet; thence South 8948'25" Wcst, along thc south line of the Southwest Quarter of the Northeast Quarler of said Section 24, to the east line of said right of way, a distance of 16.00 feet; lhence South 00 07'34" West, along the east sidc of said right of way to the extended south line of Certificate of Survey No. 793, in thc Gallalin County Records, a distance of 247.53fcct; thence South 89 48'25" West, along the extcndcd south line of the said Cerlificale of Survey No. 793, to the west side of said right of way, a distance of 50.00 feet; thence North 0007'34" East, along the wcst sidc of said right of way to the south line of Minor Subdivision No. 84, a distance of 623.50 feet; thence North 89 >17'05" East, along thc soulh linc of Minor Subdivision No. 84, a distancc or 25.00 feet to the point of beginning of Parcel A. The described Parcel A is along with and subject to any cxisling easements and contains 0.64 acres, more or less. HOlfl'(in Annexation 1 , 1111111111111111111111 Sh.ll.y Vano.-Gallatin Co MT MIse 60.00 2026407 pag.: 2 o( 10 12/08/2000 01 :26P Parcel B Commencing at the southeast corner of Minor Subdivision No. 84, as rccorded in the Gallatin County Clerk and Rccorder's office; thence North 0007'34" East, along the centerline of the abandoned Chicago, Milwaukec, St. Paul and Pacific Railroad Company's right of way, to the northeast corner of Minor Subdivision No. 266, inlhe Gallatin County Records, a distance of 960.10 feet, said corncr bcing the true point of beginning of Parcel B; thence South 8926'58" West, along the north line of said Minor Subdivision No. 266, to the west side of said right of way, a distance of 25.00 feet; lhencc along the wcst side of said right of way the following five courses: North 0007'34" East, a distance of 105.31 feet to the bcginning of a non-tangent curve to the right having a chord bearing of North 0926'05" East, a chord distance of 470.10 feet, a radius of 1457.50 feet and a central angle of 18 33'40", thencc along said curve an arc distance of 472.16 feet to the end of said curve; thcncc North 0025'41" East, a distance of 74.32 feet to the beginning of a non-tangent curve to thc right having a chord bearing of North 2555'46" East, a chord distance of 231.90 feet, a radius of 1482.50 feet and a central angle of 0858'19", thcnce along said curve an arc distance of 232.14 fcello thc end of said curve; thence North 3030'59" East, to a poinl on thc south line of the Summit Engineering Tracts as described by deed and shown on a survey, both bcing recorded in Book 155, Pages 491 through 493 in the Gallatin County Records, said line also bcing the south line of Certificate of Survey No. 1393A, a distance of 54.92 feet; lhcnce North 8904'34" East, along said line to the centerline of said right of way, a distance of 58.60 fect; lhence along the centerline of said right of way the following three courses: South 3030'59" West, a distance of 85.40 feet to the beginning of a non-tangent curve to the left having a chord bcaring of South 15 <17'05" West, a chord distance of 747.82 feet, a radius of 1432.50 feel and a central angle of 30 15'4()", thence along said curve an arc distance of 756.58 feet to the end of said curve; thence Soulh 00 07'34" Wcsl, a dislance of 105.00 feet to the point of beginning of Parcel B. The described Parcel B is along with amI subject to any existing casements and contains 0.73 acres, morc or less. Said Tracts of land contain 1.37 acres, more or less, along with and subject to all casements of fact and rccord. WHEREAS, the Landowner, at the requcst of the City, has pctitioned the City for annexation of the contiguous tract, as the contiguous tract is a portion of a development proposed by the Landowncr; and WHEREAS, the BON TON ANNEXATION is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of lhis Agreement and M.C.A Title 7, Chapter 2, Part 43; and WHEREAS, all parties recognize that the annexation of the BON TON ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A will entitle the said property to Cily services, including municipal water and scwcr servicc, upon thcir availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and Hon 1'011 Anllexation 2 11111111111111111111 II ~~1~t:!?, Sh.ll.y Vano.-Gallatin Co MT MIse 60.00 WHEREAS, the making and performance of this Agreement is desirable to annex a small strip of land contiguous to a developmcnt proposed by the Landowner; and WHEREAS, the parties have determincd that it is in the best interesls of the City and the Landowner, and in furtherance of the public hcaIth, safety and welfare of the community to enter into and implement lhis Agreement. WIT N ESE T II: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals Thc abovc recitals are true and corrcct. 2. Annexation Thc Landowner filed an application for anncxation of the BON TON ANNEXATION with thc City. The City, on Octobcr 18, 1999, adopted a Resolution of Intent to Annex the BON 'l'ON ANNEXATION. By execution ofthis Agrcemcnt, the City has manifested its intention to annex the BON 'rON ANNEXATION tract pursuant to the terms and conditions of this Agreemcnt. Subject to the provisions of Title 7, Chapter 2, Part 43, lhc City shall, upon exccution of this Agreement, adopt a Resolution of Annexation of lhe BON TON ANNEXATION to the City. Further, upon the execution of this Agreement, thc Landowner, 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 thc BON TON 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 scrvicc, municipal scwcr scrvicc, police protection, and fire prolcction, lo the BON TON ANNEXATION, as provided in this Agreement. 4. Municipal Water Servite Defined The term "municipal water service" as is used in this agreement shall be the servicc which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as 111ay be amended, as well as any other tcrms and conditions which apply to thc City's provision of this scrvice. The tcrm does not contemplate the extension of lines or construction of ncccssary non Ton Annexation 3 Bon Ton Annexation 4 1111111111111111111111 ~~~~~:f~p Sh.ll.y Vano.-Gallatln Co MT MISC 60.00 improvements at any cost to thc City for delivery of water to and within thc BON TON ANNEXATION. Nothing in this Agreement shall obligate lhe City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivcry ofwatcr to or within the BON TON ANNEXATION to include, bul not limitcd to, any impact fees, hook-up, connection, or development charges which have bcen or may be established by the City. S. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agrccment shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozcman Municipal Code, or as may bc amended, 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 construclion of neccssary improvements at any cost to the City for collection of sewage at and within the BON TON ANNEXATION. Nothing in this Agreemcnt shall obligatc thc City to pay for right-or-way acquisition, engineering, construction, and othcr costs for the collection of sewage services to or within the BON TON ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Watel' Rh!llts The parties acknowlcdgc that the annexation of the subject property will not, in and of itself, create additional water supply nccds. Therefore, the City does not scck to obtain usable watcr rights, or an appropriate fee in lieu thcreof, from the Landowners in conjunction with this annexation. 7. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protesl Crcalion of Special Improvernent Districts formaintenancc of any parks within the annexed area and/or of a City-wide Park Maintenancc Districl, and Waivers of Right-to-Protest Creation of Special Improvement Dislricts, which would provide a mechanism for thc fair and cquitablc asscssmcnt of maintenance costs for such parks. Said Waivers are attachcd hereto as Exhibit "A", and arc hcrcby incorporated in and made a part of this Agreemcnt. 8. Additional Terms of Waivers Thc parties recognize that these documents shall be filed and of record with the Gallatin Hon Ton Annexation 5 1111111111111111111111 Sh.ll.y Vano.-Gallatin Co MT MIse 60.00 2026407 PI8.: 6 or 10 12/09/2000 01 :26P County Clerk and Recorder prior to the sale of any land within the BON TON ANNEXATION. The parties further agree that the City may file these documcnts at any time. 9. Govcrning Law and V cnlle This agreement shall bc construed under and governed by the laws of the stale of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 10. Attorncy's Fecs In thc event it becomes necessary for either party to this Agreement to retain an attorney to cnforcc any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fccs and costs, to include thc salary and costs of in-housc counsel including City Altorncy. 11. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be dcemed a waiver of the same or any subsequcnt brcach of this samc or any other term, covenant or agrecmcnt. No covcnant, term or agreement shall be deemed waivcd by cither parly unless waived in writing. 12. Invalid Provision The invalidity or unenforceability of any provision ofthis agreement shall not affect thc other provisions hercof, and this Agreement shall be construcd in all respects as if such inval id or unenforceable provision wcrc omitted. 13. Modifications or Alterations No modifications or amendmcnt of this Agreement shall be valid unless evidenced by a writing signcd by thc parties hereto. 14. No Assienment It is expressly agreed that the Landowner shall not assign this Agreemcnt in whole or in part wilhout prior wrilten conscnt of lhc City. 15. Successors This Agrcclllent shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. Bon Ton Annexation 6 1111111111111111111111 ~~~~~:~?p Sh.ll.y Vanoe-Gallatln Co MT MIse 60.00 16. Covenants to Run with the Land The parties inlend that the terms of this Agreelnent 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 havc authority to enter into this Agreement on behalf of their corporation, and to bind thc corporation to this Agreement IN WITNESS WHEREOF, the parties hereto have caused this agrcement to bc executed the day and year first above written. LANDOWNER STATE OF MONTANA ) :ss COUNTY OF GAI,LATIN ) On this /.3 tit day of y1AJ1/.f/iJ'~U ,2000, before me, a Notary Public for the State of Montana, personally appeared Eugene Graf, 111, President of Bon Ton, Ine. of Billings, known to me to be thc person that executed the foregoi ng Anncxation Agrcement, and acknow I edged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. elUtd cI(~ Notary Public for the State of Montana. n '\ Residing: ~~/JV Commission Ex Ires: III /3/tl..~ { I (Notarial Seal) ,\ \ I] j ) J II ' \ \' 'j j , ,,,,, O\. \... S (' ,.,,'-'.... .............. '<~ ". ~ I',. t.. # .~"'~/O ~~~ ~ ~' ,t ~~(_ .}.. ":.:., ;;' y/",,~ 0 i ;d~J,,~ l'..~""\' -::: ........ l....r: ...... . ""'" .... ~.-.!!II; .~, .. " ',"' -=- ~ '. c p ~. I : ~~' .~~ , ., "'. .1-', , "" . z ('., ..~' ,.,!,.,...,...J.L \. ~.1 7" ",'~ " . ..~~~~~~:;-"' # ~. ..,' ~ ..~~'~,:,:::~ ,'/<r, >., 10....'(\. \' ~ ':.'" I ,.'7"', i~, ,,:.1, \. ' ':'" \\'\ CITY OF BOZEMAN 1111111111111111111111 ~~~~~:!?P Sh.ll.y Vanc.-Gallatin Co MT MISC 60.00 ___..~_c.,~\...._.- By: Clark V. Johnson, City Manager ATTEST: et:J~ Clcrk of the City Commission STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On thisL day of 7;?~- ,2000, before me, a Notary Public for the statc of Montana, personally appeared Clark V. Johnson and Robin Sull ivan, known to mc to lhc persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of thc City of Bozeman, whosc names are subscribed to thc within instrument and acknowledged to me thal they executed the sanIe for and on behalf of said Cily. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day amI ye' first above rittcIl. Notary Public for the State of Montana. ~ Residing: Commission, pircs:,t. -A.F---tJ}. (Notarial Scal) non Ton Annexation 7 Hon Ton Annexation 8 111111111111111111 III 1/1111111 111111111 ~:!~~:~f~p Sh.ll.y Vano.-Gallatin Co MT MIse 60.00 EXHIBIT "A" WAIVER OF RIGHT-TO-IlROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT BON TON ANNEXATION TRACT The undersigncd owner of the real property situated in thc County of GalIatin, Statc of Montana, and morc particularly describcd as follows: Legal Description Two parcels of the abandoncd Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way located in the Northeast Quarter and Southeast Quartcr of Scction 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, said parccls being more parlicularly described as follows: Parcel A Commencing at the southeast corner of Minor Subdivision No. 84, as recorded in the Gallatin County Clcrk and Recorder's office, a point on the centerlinc of thc abandoned Chicago, Milwaukce, St. Paul and Pacific Railroad Company's right of way, being also the true point of beginning of Parccl A; thence South 0007'34" Wcst, along said centerline, to the extended north line of Lot I, Block 7, of a Subdivision Plat of Figgins Addition (4th Phase), in the GaUalin County Rccords, a distance of 255.85 fect; thcnce North 89 18'53" East, along said extcnded north I ine to the east side of said right of way, a distance of 5(Ull feet; thence South 0007'34" West, along the east side of said right of way to lhe south line of the Southeast Quartcr of the Northeast Quarter of said Scction 24, a distance of 120.70 feet; thence South 8918'01" West, along the said south line, a distance of 9.00 fcct; thence South 89 48'25" West, along thc south linc of the Southwest Quarter of the Northeast Quarter of said Section 24, to thc cast Unc of said right of way, a distance of 16.00 feet; thence South 0007'34" Wcst, along thc cast side of said right of way to the cxlended south line of Certificate of Survey No. 793, in the Gallatin County Records, a distance of 247.53 fcct; thcnce South 8948'25" West, along the extendcd soulh 1inc of the said Certificate of Survey No. 793, to the west side of said right of way, a distancc of 50.00 fcet; thence North 0007'34" East, along the wcst sidc of said right of way to lhe south line of Minor Subdivision No. 84, a distancc of 623.50 feet; thcncc North 8917'05" East, along the south line of Minor Subdivision No. 84, a distance of 25.00 feet to the poi nt of begi nn ing of Parcel A. Thc dcscribed Parcel A is along with and subject to any existing easements and contains 0.64 acres, more or Icss. Parcel B Commencing at the southeast corner of Minor Subdivision No. 84, as recordcd in the Gallatin County Clerk and Recorder's office; thence North 0007'34" East, along the centerline of the abandoned Chicago, Milwaukcc, S1. Paul and Pacific Railroad Company's right of way, to the northeast corner of Minor Subdivision No. 266, in the Gallatin County Records, a distancc of 960.1 0 feet, said corner bcing thc true point of beginning of Parcel B; thence South 8926'58" West, along thc norlh line of said Minor Subdivision No. 266, to the west side of said right of way, a dislance of 25.00 feet; thence along the west sidc of said right of way the following five courses: North 0007'34" East, a distance of 105.31 feet to thc beginning of a non-tangent curve to the right having a chord bearing of North 09 26'05" East, a chord distance of 470.10 fect, a radius of 1457.50 feet and a central angle of 1833'40", thence along said curve an arc distance of 4 72.16 feet to the end of said curve; thence North 0025'41" East, a distance of74.32 feet to the beginning of a non-tangent curve to the right having a chord bearing of North 25 55'46" East, a chord distance of 231.90 feet, HonTon Annexation 9 'II 1111111111111111111111 Sh.ll.y Vano.-Gallatin Co MT MISC 60.00 2026407 Pa".: 9 of 10 12/08/2000 01 :26P a radius of 1482.50 feet and a central angle of 0858'19", thence along said curve an arc distance of 232.14 feet to thc cnd of said curve; thence North 30 30'59" East, lo a point on the south linc of the Summit Engineering Tracts as described by dccd and shown on a survey, both being recorded in Book 155, Pages 491 through 493 in the Gallatin County Records, said line also bcing thc south line of Certificate of Survey No. 1393A, a distance of 54.92 feet; thence North 8904'34" East, along said line to the centerline of said right of way, a distance of 58.60 feet; thencc along thc centerline of said right of way the following thrce courses: South 3030'59" West, a distance of 85.40 feet to the beginning of a non-tangent curvc to the left having a chord bearing of South 1517'05" West, a chord dislance of 747.82 feet, a radius of 1432.50 feet and a ccntral angle of 3015'40", thence along said curve an arc distancc of 756.58 fcct to thc cnd of said curve; thcncc South 0007'34" Wesl, a distance of 105.00 feet to the point of beginning of Parcel B. The described Parccl B is along with and subject to any existing easements and contains 0.73 acres, more or less. Said Tracts of land contains 1.37 acres, more or less, along with and subjcct to al1 easemcnts of fact and record. IN CONSIDERATION of rccciving approval for anncxation of thc subjcct property from the City of Bozcman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in rccognition of the inlpact to City parks which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or morc special improvement districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, which would providc a mechanism for the fair and equitable assessmcnt of maintenance costs for City parks, or to makc any writtcn protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to creatc one or morc special improvement districts which would include the above-described property. This waiver shall bc a covcnant running with the land and shall not expire wilh the dissolution of the corporation, provided however this waivcr shall apply to the lands hcrcin described. The terms, covenants and provisions of the Waivcr shall extcnd to, and be binding upon the successors-in-interest and assigns of lhe parties hereto. DATED this .----U.- day of November ,2000. - Ron Ton Annexation 10 " 1111111111111111111111 ~.~~?,~~p Sh.ll.y Vano.-Gallatln Co MT MISC 60.00 LANDOWNER STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this l..?'I!1 day of yl})Mil~ ,2000, bcforc me, a Notary Public for the State of M()ntana, pcrsonallyfapp~arcd Eugcnc Graf, III, President, Bon Ton, Inc. of Billings, known to mc to bc the pcrson that executed thc foregoing Anncxation Agreement, and acknowledged to mc that hc/shc cxccutcd the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and atfixed my official seal the day and ycar first abovc written. 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