HomeMy WebLinkAbout96- Brunton Annexation Agreement
THIS AGREEMENT made and entered into this
r;.. day of SEP"
, 1996,
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BRUNTON ANNEXATION AGREEMENT
by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision ofthc
State of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter
referred to as "City" and John F. Brunton, Trustee, Laura May Brunton Living Trust, 1201 E. River
Road, Tucson, AZ. 85178, hereinafter referred to as "Landowner".
WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter
referred to as the "Brunton Annexation" situated in Gallatin County, Montana, and more particularly
described as follows:
A tract ofland containing 9.849 acres, being the West 300 feet of the East 570.5 feet ofthe
Northeast Quarter ofthe Southwest Quarter of Section 1, Township 2 South, Range 5 East,
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 Brunton Annexation, et seq.,
M.C.A., win entitle the said tract to available 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, all parties recognize that the development of the Brunton Annexation will
impact North 19th Avenue, North 11th Avenue, Oak Street, North 7th Avenue, 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 Brunton 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 Brunton Annexation; and
WHEREAS, the making and performance of this agreement is desirable to promote the
development ofthe most adequate water supply and traffic circulation pattern for the City as it now
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exists and as it is reasonably expected to expand; 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 ESE T H:
IN CONSIDERATION ofthe 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 Brunton Annexation in accordance with its decision on
December 18, 1995.
3. Services Provided.
The City win, upon annexation, make currently existing and available eity services including
water service, sewer service, police protection, fire protection, available to the Brunton Annexation
tract, as provided in the Agreement.
4. Municipal Water Service Defined.
The term "munieipal water service" as is used in this agreement shall be the service whieh 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 Brunton Annexation. This Agreement does not relieve the
Landowner of any impact fees, hook-up, conneetion, or development charges which have been or
may be established by the City.
5. Municipal Sewer Service Defined.
The term "munieipal sewer service" as is used in this agreement shall be the serviec 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 of lines or eonstruction of necessary improvements at any eost to the City
for collection of sewage at and within the Brunton Annexation. This Agreement does not relieve the
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Landowner of any impact fees, hookup, connection, or development charges which have
been or 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 thc City of Bozeman to acq uire usable
water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual
consumption of water by residents ancl/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
ereate additional water supply capacity. Exeept, 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
Oetober 3, 1988
The Brunton Annexation consists ofapproximate1y 9.849 acres, exclusive of right-of-way for
Oak Street.
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
Brunton Annexation, consisting ofa total of9.849 acres, prior to filing of any final
subdivision plat, final site plan approval or the issuance of any building permit,
whichever oeeurs first.
The Landowncr shall supply such water rights or fee in lieu as caleulated by the City in
accordance with its policy at the time of calculation. The Landowner further understands that the
City will ealculate the average annual diversion requirement necessary to provide water on the basis
of the zoning designation and/or City-approved development for the property at the time such
ealculation is made.
The Landowner agrees to provide sufficient water rights or full payment of the calculated
amount of cash in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan
approval or the issuanee of any building permit, whichever occurs first.
7. Waiver of Ri2ht-to-Protest Special Improvement Districts for Oak Street.
In recognition of the impact to Oak Street which will be caused by the devcIopment of the
above-described property, Landowner has executed a Waiver of Right-to-Protest Creation of Speeial
Improvement Districts for improvements to Oak Street. This waiver is attached hereto as Exhibit
"A".
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8. Waiver of Right-to-Protest Special Improvement Districts for Signalization at the
Intersection of Oak Street and North Nineteenth Avenue.
In recognition of the impact to Oak Street and North Nineteenth Avenue, which will be
caused by the development of the above-described property, Landowner has executed a Waiver of
Right-to-Protest Creation of Special Improvement Districts for signalization improvemcnts at the
intersection of Oak Street and North Nineteenth A venue. This waiver is attached hereto as Exhibit
"BI!.
9. Additional Terms of Waivers.
An parties recognize that these documents shall be filed by the applicant and be of record with
the Gallatin County Clerk and Rccordcr prior to the sale of any land within thc Brunton Annexation
by the Landowner. The parties further agree that the City may file these documents at any time.
to. Utility Easements.
The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet
in width, will be neeessary for the installation and maintenance of water and sewer utility services to
the annexed parcel. The Landowner shall ereate such easements in locations agreeable to the City
during thc subdivision procedurc or planned unit devclopment procedure but in no event latcr than
the filing of any final plat or site plan or issuance of a building permit on the parcel.
11. Governinll Law.
This agreement shall be construed under and governed by the laws of the State of Montana.
In the event oflitigation, venue is in the Eighteenth Judicial District, in and for County of Gallatin,
State of Montana.
12. 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.
13. Modifications or Alterations.
No modifieations or amendment of this agreement shan be valid unless evideneed by a writing
signed by the parties hereto.
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14. No Assillnment.
It is expressly agreed that the Landowner shan not assign this agreement in whole or in part
without prior writtcn consent of the City.
15. Successors.
This agreement shall be binding upon, inure to the benefit of and be enforecablc by the parties
hereto and their respective heirs, successors and assigns.
16. Covenants to Run with the Land.
The parties intend that the tenns of this agreement shan 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 exeeuted
the day and year first above written.
CITY OF BOZEMAN
~
By:
JAME E. WYSOCKI
Its City Manager
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LANDOWNER
By: 5th: ltitlt i-~ , /~
JOHN"F. BRUNTON, TRUSTEE
LAURA MAY BRUNTON LIVING TRUST
STATE OF ARIZONA )
:ss
COUNTY OF PIMA )
On this l{ day of0tr~-k fnbt{, 1996, before me, a Notary Public for the State of
.AilA u.J4 Montana, personally appeared John F. Brunton, Trustee, Laura May Brunton Living Trust, known
to me to the person whose name is subscnbcd 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 writtcn.
AU toJJA Mgnt~n:J
Residing:
Commission Ex
rrJoYLix
OFFICIAL SEAL
S. Bracamonte
PIMA COUNTY, ARIZONA
BLIC-STATE OF Al
My Commission expires 03-27-1996
(Notarial Seal)
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EXHIBIT" A"
WAIVER OF RIGHT TO PROTEST
CREA nON OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND DRAINAGE
IMPROVEMENTS TO OAK STREET
I, the undersigned owner of real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract ofland containing 9.849 acres, being the West 300 feet of the East 570.5
feet of the Northeast Quarter of the Southwest Quarter of Section 1, Township 2
South, Range 5 East, Gallatin County, Montana.
IN CONSIDERATION, ofrcceiving 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, have waived and do hereby for ourself, our heirs,
executors, administrators, personal representatives, successors and assigns, waive the right to
protest the ereation of one or more special improvement distriets for curb, gutter, sidewalk,
pavement, and drainage improvements to Oak Street to 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 distriets which
would include the above-deseribed property.
This waiver shan be a covenant running with the land and shall not expire at our death,
provided however this waiver shall apply only to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
heirs, executors, administrators, personal representatives, succcssors and assigns of the parties
hereto.
DATED this ~ day of SefJr, 1996.
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fnM 1?Oflf2ia;
Brunton Annexation Agreement - Exhibit "A"
Waiver of Right-to-Protest Creation ofS.I.D.
Oak Street
Page Two of Two
" 1 "
)t~(vz- 3IJ1C/~r~/ ~
JOHNF. BRUNTON, TRUSTEE
LAURA MAY BRUNTON LIVING TRUST
.A1l.-t'W/oJA
STATE OF ARIZONA )
:ss
COUNTY OF PIMA )
On this ' e day of~}\-f (y,~l{~96, before me, a Notary Pubic for the State of
Momana, personally appeared ~ohn F. Brunton, Trustee, Laura May Brunton LIvmg Trust,
known to me to bc the person whose namc is subscribed to the within instrumcnt 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.
.*' t.~ IJA
~Q,cJ~~(lJ1b((rJ1lz
Notary Public for thc State /JJ
Muulilfta-o
Residing:
Commission
OFFICIAL SEAL
monte
PIMA COUNTY ARIZONA
NOTARY PUBlIC.STATE OF AI.
My Commlsslon Expires 03-27-1998
(Notarial Seal)
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EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTION OF
OAK STREET AND NORTH NINETEENTH A VENUE
We, thc undersigned owners of real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract ofland containing 9.849 acres, being the West 300 feet of the East 570.5 feet of
the Northeast Quarter of the Southwest Quarter of Section 1, Township 2 South, Range
5 East, Gallatin County, Montana.
IN CONSIDERATION, of receiving annexation approval from the City of Bozeman,
along with the accompanying rights and privileges and for other valuable consideration, thc
receipt of which is hereby acknowledged, have waived and do hereby for ourself, our heirs,
executors, administrators, personal representatives, suecessors and assigns, waive the right to
protest the creation of one or more special improvement districts for traffic signalization
improvements at the interseetion of Oak Street and North Ninetcenth A venuc 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 distriets which
would include the above-described property.
This waiver shall be a covenant running with the land and shall not expire at our death,
provided however this waiver shall apply only to the lands herein described.
The terms, covenants and provisions ofthe Waiver shall extend to, and be binding upon the
heirs, executors, administrators, personal representatives, successors and assigns of the parties
hereto.
DATED this ~ day of S1:.P r , 1996.
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Brunton Annexation Agreement - Exhibit liB"
Waiver of Right-to-Protest Creation ofS.I.D.
Signalization at Oak Street and North Nineteenth Avenue
Page Two of Two
(j;L 2;rfklh+- I JC.-
JO F. BRUNTON, TRUSTEE
LAURA MAY BRUNTON LIVING TRUST
ST A TE OF ARIZONA )
:ss
COUNTY 0 F PIMA )
On this -4- day oMptf iVlhf<Y1996, before me, a Notary Pubie for the State of
A,uwrJAUQHtafta, personally appeared John F. Brunton, Trustee, Laura May Brunton Living Trust known
to me to be the person whose name is subscribed to the within instrument and acknowledged to
me that he cxecuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Q ~l\cU(,L0-~ rJtttCY- f WJJl~
NotaryPubli~..-t-hC Stat{~f ~
-MoRtana. ft IZ-l z.~t.J
Residing:
Commission Expire
OFFICIAL SEAL
S. Bracamonte
PIMA COUNTY. ARIZONA
NOTARY pUBLIC-STATE OF IV..
My Commlsslon expires 03-27-1996,
(Notarial Seal)
338828
State 0.' Mont., County Of~alla"n, is FHed for record __ February 3 1997
at 2. 17 P r~., and ri\:onfud ill Book __~ of MI SC 1,L NEODS . (1 ~ 27i"'9
t:8"-lUy ~. l!.un.&'l Recorder. If - P A ---..:-
Rt: City of Bozeman Dep~
Fee: $60.00