HomeMy WebLinkAbout95- Middle School Annexation
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fILM 159PACf1717
BOZEMAN SCHOOL DISTRICT NO, 7
MIDDLE SCHOOL ANNEXA nON AGREEMENT
THIS AGREEMENT, made and entered into this ,.;2 I day of /}It{ I" <' A
1995, by and between THE CITY OF BOZEMAN, a municipal corporation of the State of
Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter
referred to as "City", and BOZEMAN SCHOOL DISTRICT NO, 7, P. O. Box 520, Bozeman,
MT 59771-0520, hereinafter referred to as "Landowner".
WHEREAS, the Landowner owns in fee simple certain real property located in the SW 1,4
SEI,4 of Section 24, T2S, R5E, P.M,M., Gallatin County, Montana, and more particularly
described as follows:
A parcel of land containing 28,759 acres located in the southwest quarter of the southeast
quarter of Section 24, Township Two South, Range Five East, Principal Meridian of
Montana, in Gallatin County, Montana, as shown on Certificate of Survey No, 482 and
being morc particularly described as follows:
Beginning at Corner No.1 of said parcel, which is identical with the south quarter corner
of Section 24, and is marked with a marked sandstone post;
thence from Corner No.1, North 00013'30" East along the west line of the southeast
quarter of Section 24 a distance of 990.06 feet to Corner No, 2, which is marked with
a brass capped iron monument;
thence from Corner No.2, North 89037'13" East a distance of 1264.61 feet to Corner
No, 3, which is marked with a brass capped iron monument on the west right of way line
of the Chicago, Milwaukee, S1. Paul and Pacific Railroad;
thence, from Corner No.3, South 00008'05" West along the said west right of way line
a distance of 990,04 feet to Corner No.4, which is marked with a brass capped iron
monument on the south line of the southeast quarter of Section 24. From Corner No.
4 the southeast corner of the southwest quarter of the southeast quarter of Section 24,
which is marked with a county cast iron monument, bears North 89037' 13" East, 63.33
feet;
thence, from Corner No, 4, South 89"37' 13" West along the south line of the southeast
quarter of Section 24 a distance of 1 ,266, 17 feet to Corner No.1.
AND
That portion of the abandoned Chicago, Milwaukee, S1. Paul and Pacific Railroad
Company's right of way located in Section 24, Township 2 South, Range 5 East,
M,P.M., Gallatin County, Montana, which is adjacent to that parcel described (above),
and which is located between the North boundary line (extended) and the South boundary
line (extended of said parcel as described (above), Said right of way being as shown on
the certain right of way and track map filed 9-25-85 @ 11 :57 A. M, under Permanent
File No, 770-C in the office of the Clerk and Recorder for Gallatin County, Montana.
Said tract being 1.242 acres.
Bozeman School District No. 7
Middle SchooL Annexation Agreement - Page 1
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f/U~ 159r~Cf1718
WHEREAS, the Landowner recogmzes that the annexation of the above-described
property, hereinafter referred to as the "Middle School Annexation Tract" will entitle the
Landowner to City services, 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
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 property; and
WHEREAS, the City's present sewer service system is insufficient to enable it to supply
reasonable sewer collection service to additional customers outside the present city boundaries;
and
WHEREAS, all parties recognize that the development of the Middle School Annexation
tract will impact the vehicular and pedestrian movements on South Third Avenue, and the
intersections of South Third Avenue/Wagonwheel Road/Graf Street, South Third Avenue and
Kagy Boulevard, and Goldenstein Road and South Third Avenue; and
WHEREAS, the Landowner finds that this Agreement will provide for the most
satisfactory and dependable water supply or service available to furnish water, provide for the
most satisfactory and dependable sewer service available to furnish sewer collection service, and
provide traffic circulation for development within the Middle School Annexation tract; and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply, sewer collection and traffic circulation pattern
for the City and Landowner as it now exists and as it is reasonably expected to expand; and
WHEREAS, the Landowner understands and agrees that no occupation of any buildings
shall be approved for the Middle School Annexation tract until water, sewer and street
improvements are made resulting in adequate city infrastructure to serve the site, which
adequacy is defined by this Agreement and approved by the Director of Public Service or his
designee, to safely accommodate use of and travel to, from and within the parcel proposed for
development, as well as for adequate water and sanitation facilities; and
Bozeman School District No. 7
Middle School Annexation Agreement - Page 2
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WHEREAS, the securing of an adequate water supply, sewer collection, and traffic
circulation 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 are true and correct.
2. ANNEXATION. The City Commission will annex the Middle School Annexation
Tract in accordance with its decision on August 29, 1994.
3, SERVICES PROVIDED BY CITY. 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 Middle School Annexation Tract, as provided in this Agreement.
4, MUNICIPAL WATER SERVICE DEFINED. The term "municipal 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, applicable Montana Department of Health Standards
(Ten State Standards), 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 for delivery of water to and within the Middle School Annexation
Tract as the Bozeman School District shall be responsible for all costs of extending waterr mains
to the Middle School Annexation site. There are no extra hookup, connection, or development
charges contemplated by this agreement, nor are said charges precluded by this Agreement.
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, applicable Montana Department of Health Standards
(Ten State Standards), 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 for collection of sewage at and within the Middle School Annexation
Tract as the Bozeman School District shall be responsible for all costs of extending sewer mains
to the Middle School Annexation site, There are no extra hook-up, connection, or development
charges contemplated by this Agreement, nor are said charges precluded by this Agreement.
Bozeman School District No. 7
Middle School Annexation Agreement - Page 3
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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 thereof, equal to the average annual diversion requirement
necessary to provide the anticipated average annual consumption
of water by residents and/or users of property when fully
developed on the basis of the zoning designation(s), The fee may
be used to acquire water rights or for improvements to the water
system which would create additional water supply capacity., This
policy is subject to the following exceptions:
a, For any annexation in excess of ten (10) acres, it shall be carried
out prior to final plat approval, final site plan approval or the
issuance of any building permit, whichever occurs first.
Section 2, No.5, Commission
Resolution 2716 adopted
October 3, 1988.
The Middle School Annexation tract consists of approximately 30.001 acres,
The Landowner understands and agrees that it must provide sufficient water rights or fee
in lieu in accordance with the City's policy. The Landowner has represented and agrees that
only ten thousand (10,000) square feet of landscaping around the main school buiding will be
irrigated with municipal water. All other outdoor irrigation will be supplied by a separate on-
site well system, The Landowner further understands that the City has calculated the average
annual diversion requirement necessary to provide water on the basis of this representation and
the zoning designation for the property at the time such calculation was made. Thirty-six (36)
acre-feet of water per year has been calculated as the amount of water use based on the proposed
future use of the property, The cash-in-lieu of this amount equals $12,833.13, and shall be paid
by the Landowner upon signing of this Agreement.
7. DEDICATION OF RIGHTS-OF-WAY FOR FUTURE STREETS. The Landowner
agrees to dedicate the following rights-of-way for future streets as shown on the Annexation
map, It is understood and agreed that if the rights-of-way are determined by action of the City
Commission to be not needed for future streets, the rights~of-way will be vacated and the land
returned to the Landowner.
a) 45-feet on the south boundary of the property.
b) 45-feet along the west boundary of the property.
c) 30- feet on the north boundary of the property.
d) Up to 50-feet for South Third Avenue alignment.
Bozeman School District No. 7
Middle School Annexation Agreement - Page 4
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8. WAIVERS OF RIGHT TO PROTEST SPECIAL IMPROVEMENT DISTRICTS, The
Landowner has executed a Waiver of Right to Protest Creation of Special Improvement Districts
for improvements to:
a) Street improvements to South 3rd Avenue between Goldenstein and Westridge,
including paving, curb/gutter, sidewalk, and storm drainage;
b) For widening and repaving South Third A venue from Kagy south to the west end
of the east-west portion of South 3rd (Graf Street extension); and
c) Signalization at South Third Avenue and Kagy Boulevard,
This Waiver is attached hereto as Exhibit A.
Costs of the SID improvements are limited to the proportionate share of the cost of one-
half of a City-standard street for the South Third Avenue improvements, identified in a) above,
and to the proportionate share of the signalization improvements.
In the event Special Improvement Districts are not utilized for the completion of these
projects, Landowner agrees 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, or a combination thereof.
9. TRAFFIC STUDY. The Landowner has agreed to provide to the City a summation
of the traffic needs of the area as a result of the school location by addressing the level of
service evaluation assessing the transportation impacts of the future improvements of the site.
Any significant impacts identified in the traffic evaluation as a result of the new school shall be
the responsibility of the Landowner, and the Landowner shall complete any required
improvements necessary to maintain a Level of Service (LOS) "c" at the Kagy/Third;
Goldenstein/Third; and Graf/WagonwheeIlThird intersections, if the traffic evaluation determines
the LOS will drop below LOS "c" as a result of the project. Said improvements shall be
completed prior to opening the school for classes,
10. RECONSTRUCTION OF THE INTERSECTION OF SOUTH THIRD A VENUE/GRAF
STREET/WESTRIDGE AVENUE. The Landowner agrees to participate in the cost of
reconstruction of the intersection of South Third Avenue/Graf Street/Westridge Avenue, based
on an apportionment of the cost of the reconstruction, with the Landowner's share limited to not
more than $12,500,00,
Bozeman School District No. 7
Middle School Annexation Agreement - Page 5
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11. WATER AND SEWER MAIN EXTENSIONS AND PAYBACKS. The Landowner shall
extend the water and sewer mains necessary to serve the site. A building permit may be issued
for the site prior to the necessary extensions, with the understanding that there is no fire
protection (i.e. water source/hydrant) to the site, and there wilI be no water available at the site
for construction until the water main is extended. The water and sewer mains must be extended
and operational prior to the time the shelI of the main structure is substantially completed. The
water main must loop in and back to the City water main infrastructure prior to occupancy of
any structure on the site.
It is acknowledged that the extension of the water and sewer mains will benefit other
property owners in the area, and that the Landowner could be entitled to a limited payback from
property owners between the south boundary of Figgins Addition and the Middle School
Annexation Tract. The Landowner informed the City that the size of the payback area is not
large enough to warrant the creation and administration of a payback area, and that Landowner
does not wish to create a payback area for reimbursement of a portion of the cost of the
extension of the water and sewer mains. The Landowner hereby waives any right to such
paybacks.
12. COMPREHENSIVE PEDESTRIAN FACILITIES NEEDS EVALUATION AND TRAIL
IMPROVEMENTS AND EASEMENTS, Prior to occupancy of any structure on the site, the
Landowner shall provide the City with a plan that addresses: a) a comprehensive pedestrian
facilities needs evaluation for pedestrian access to the school site; and b) a plan and
recommendation for securing the needed improvements.
The Landowner shall install a pedestrian trail from Westridge Avenue to the existing trail
on the west side of South Third Avenue, and from the end of the existing trail on the west side
of South Third A venue to the school site, prior to opening the school for student use,
The Landowner shall provide a minimum 20-foot wide recreation easement for the
Gallagator Trail on school property along South Third A venue, if additional easement IS
identified as being needed in the Comprehensive Pedestrian Facilities Needs Evaluation.
13. SITE DEVELOPMENT REPORT, The Landowner agrees to provide the City with
a Site Development Report which addresses how all conditions placed on the annexation by the
Bozeman School District No, 7
Middle School Annexation Agreement - Paxe 6
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City on August 29, 1994 will be met. This report shall be submitted prior to issuance of a
building permit for the project.
14. FIRE SPRINKLER SYSTEM, The Landowner shall ensure that all educational and
commercial structures built on the property will be fully equipped with an approved fire
sprinkler system. Storage sheds and outbuildings will not be required to be sprinkled,
15, ANNEXATION MAP, An Annexation map shall be provided by the Landowner on
mylar, no smaller in size than 18" x 24", that clearly delineates the metes and bounds
description of the parcel, the legal description of the property, existing public utilities and
adjacent developments, The map shall also indicate the minimum improvements, rights~of-way
and easements as defined in this Agreement to provide services to the parcel. The map shall be
submitted at the time the executed Annexation Agreement is submitted to the City,
16. ADDITIONAL TERMS FOR WAIVERS. All parties recognize that these documents
will be filed and of record with the Gallatin County Clerk and Recorder by the City.
17. UTILITY EASEMENTS, The Landowner understands and agrees that utility
easements, thirty (30) feet in width, will be necessary for the installation and maintenance of
water and sewer utility mains to and on the annexed parcel. The Landowner shall dedicate all
necessary easements in locations mutually agreeable to the City and Landowner during site
development.
18, GOVERNING LAW. This Agreement shall be construed according to the laws of
the State of Montana.
19. 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.
20. MODIFICATIONS OR ALTERATIONS, No modification or amendment of this
Agreement shall be valid unless evidenced in writing signed by the parties hereto,
21. 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.
22, SUCCESSORS, Except as provided in paragraph 21, 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.
Bozeman School District No. 7
Middle School Annexation Agreement - Page 7
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23. 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.
24, ENTIRE AGREh.Mh.lVT. There are no other understandings or agreements, verbal
or otherwise, between the parties except as herein expressly set above.
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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Clerk of the City Commission
STATE OF MONTANA )
:ss
County of Gallatin )
On theJRcttay of --.J u...L~ ' 1995, before me, a Notary Public for the State
of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be
the persons described in and 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 seal on the day
and year first written above.
~ J ~J' th 7<~ r/rl"PJrlA~
Notary Public for S te of Montana
Residing at Bozeman, ~
My Commission expire' I ~
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LANDOWNER
By: ~JA C ~, tt, ~j
For B zeman Schoo District No. 7
'Ill..
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--:,. ,.,....' : ss
, , County':Of Gallatin )
On this 2L day of t'y,- (t v '-u. ~I , 1995, before me, a Notary Public for
the State of Montana, personally appeared f{L<:J.-(fl.. (1 4:3 ~l.. L L (,. v'{, \c. Ii , known
to me to be the .S LL I).... r" "1 f e PI d e 1"17 of Bozeman School District No.7, whose name
is subscribed to the above Annexation Agreement and acknowledged to me that he/she executed
the same for and on behalf of the Bozeman School District No, 7,
)
Bozeman School District No. 7
Middle School Annexation Agreement - Page 8
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed by Notarial Seal the
day and year first above written,
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\ /Not~i-~"PlJ.blic for State of Montal~a#~
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31715[j
State of Mont., County of Galfatin. ss filed for record DECEMBER 29 ,192.L
at 4: 02 pM.. and recorded In Bock 159 of MISCELLANEOUS pane -ll.lL
s",n~ .. Ch,"" Recorder. By 4 V\ J\A frY ~ t- Deputy
FEE: $54.00 ,1,
RT; CITY OF BOZEMAN, PO BOX 640,BOZEMA7NT 59771
Bozeman School District No. 7
Middle School Annexation Agreement - Page 9
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EXHIBIT 'A'
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
MIDDLE SCHOOL ANNEXATION TRACT
We, the undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
A parcel of land containing 28.759 acres located in the southwest quarter of the southeast
quarter of Section 24, Township Two South, Range Five East, Principal Meridian of
Montana, in Gallatin County, Montana, as shown on Certificate of Survey No. 482 and
being more particularly described as follows:
Beginning at Corner No, 1 of said parcel, which is identical with the south quarter corner
of Section 24, and is marked with a marked sandstone post;
thence from Corner No, 1, North 00013'30" East a long the west line of the southeast
quarter of Section 24 a distance of 990,06 feet to Corner No.2, which is marked with
a brass capped iron monument;
thence from Corner No.2, North 89037'13" East a distance of 1264,61 feet to Corner
No, 3, which is marked with a brass capped iron monument on the west right of way line
of the Chicago, Milwaukee, St. Paul and Pacific Railroad;
thence, from Corner No.3, South 00008'05" West along the said west right of way line
a distance of 990.04 feet to Corner No, 4, which is marked with a brass capped iron
monument on the south line of the southeast quarter of Section 24. From Corner No,
4 the southeast corner of the southwest quarter of the southeast quarter of Section 24,
which is marked with a county cast iron monument, bears North 89037'13" East, 63.33
feet;
thence from Corner No, 4, South 89037' 13" West along the south line of the southeast
quarter of Section 24 a distance of 1266,17 feet to Corner NO.1.
AND
That portion of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad
Company's right of way located in Section 24, Township 2 South, Range 5 East,
M.P.M., Gallatin County, Montana which is adjacent to that parcel described (above),
and which is located between the North boundary line (extended) and the South boundary
line (extended) of said parcel as described (above). Said right of way being as shown
on the certain right of way and track map filed 9-25-85 @ 11 :57 A.M. under Permanent
File No. 770-C in the Office of the Clerk and Recorder for Gallatin County, Montana,
Said tract being 1.242 acres,
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 change in
traffic 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) street
Bozeman School District No. 7
Middle School Annexation Agreement - Page 10
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improvements to South Third Avenue between Westridge and Goldenstein including paving,
curb/gutter, sidewalk, and storm drainage; 2) for reconstructing South Third Avenue from Kagy
Boulevard south to the west end of the east-west portion of South Third A venue (Graf Street
extension); and 3) signalization at the intersection of South Third Avenue and Kagy Boulevard.
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, 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.
DATED this ~ / day of
/11c(\ci\
, 19,?S,
BOZEMAN SCHOOL DISTRICT NO, 7
BY:_(~C ~
STATE OF MONTANA )
:ss
County of Gallatin)
On this ~ day of j'vv< n ~ , 1995, before me, a Notary Public for the State
of Montana, personally appeared ~)ttc,- \{\ (1_., f.:> l<'-1, t <"" , ~-, <_. I J , known
to me to be the 5 '" 'f ' " , .j t ( .\ d "" .,t of Bozeman School District No.7, whose
name is subscribed to the within instrument, and acknowledged to me that he/she executed the
same for and on behalf of said Bozeman School District No, 7,
Bozeman School District No.7 Middle School Annexation Agreement - Page 11
31715fJ
State of Mont., County of Gallatin. ss Filed for record DECEMBER 29 , 19...2..5..-
at 4 : 03 P __M., and recorded :n Book J".5...2....- oi ----2!! S CELLANEOUS . _---'~e _ 1726
Sheney I. Ch., ReGoraer. By rr;;;;;~~ ~ Deputy
$12.00 RT: CITY OF BO~EMAN, PO BOX 640" Boz~1~~--;;V~----
FEE: