HomeMy WebLinkAbout04- CFT Annexation
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.J Sh.ll.y Vano.-OallaUn Co I'IT I'IISC 78,00
V CFT ANNEXATION AGREEMENT
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THIS AGREEMENT is made ,md entered into this
1~daYOf ~
,-,
,2004, by
and between the CITY OF BOZEMAN, a municipal corporation and political subdivision ofthe State
of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter referred
to as "City", and CFT, Limited, 465 Greenridge Drive, Bozeman, Montana 59715 hereinafter
referred to as "Landowner".
WITNESSETH:
WHEREAS, the Landowner is owner in fec of a tract of certain real property, hereinaller
referred to as the "CFT ANNEXATION", situated in Gallatin County, Montana, and more particularly
described as follows:
Commencing at the north quarter corner of Section 24, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana;
Thence N 89004 '02" E a distance of 1692.56 feet to the True Point of Beginning:
Thence N 89004'02" E a distance of 58.58 feet;
Thence S 30028' 15" W a distance of 463.97 feet;
Thence S 89004'02" W a distance of 58.58 feet;
Thence N 30028' 15" E a distance of 483.97 feet to the True Point of Beginning.
Said tract contains 0.56 acres, more or less, along with and subject to all easements of
record or apparent on the ground.
WHEREAS, the Landowner has petitioncd the City for annexation ofthe contiguous tract; and
WHEREAS, the CFT 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 this Agreement and M.C.A. Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation ofthe CFT ANNEXATION pursuant to
Section 7-2-4301, et seq., M.C.A., will entitlc the said property to City services, including municipal
water and sewer service, upon their availability; and
I eFT ANNEXATION AGREEMENT
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Shelley Vance-Gallatin Cc MT MISC 78.00
WHEREAS, M.C.A. Section 7-1-43U5 provides that a municipality and landowner can agree to
the provision of services to the area to be annexed; and
WHEREAS, the City's present water supply is insufficicnt to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaries; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory
and dependable water supply or scrvice available to furnish water and provide traffic circulation for
development near and within the CFT ANNEXATION; and
WHEREAS, the making and perfonnance 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 adcquate water supply and traffic system by the City is
nccessary and of mutual advantage to the parties hereto; and
WHEREAS, the parties have detemlined that it is in the best interests of the City and the
Landowner, and in furtherance ofthe public health, safety and welfare ofthe community to enter into
and implement this Agreement.
TN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and conect.
2. Annexation
The Landowner filed an application for annexation ofthe CFT ANNEXA nON with the City.
The City, on August 16,2004, adopted a Resolution ofIntcnt to Annex the CFT ANNEXATION. By
execution ofthis Agreement, the City has manifested its intention to annex the CFT ANNEXA TTON
tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7,
I crT ANNEXATION AGREEMENT
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Sn.ll.y Vano.-Oallatln Co MT MISC 78.00
Chapter 2, Part 43, the City shall, upon executIOn ot this Agreement, adopt a Resolution of
Annexation ofthe CFT ANNEXA nON to the City. Further, upon the execution of this Agreement,
the 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 the eFT
ANNEXATION tract to the City.
3. Services Provided
The City will, upon annexation, make available only existing City services to the extent
cUlTently available, including municipal water service, municipal sewer service, police protection, and
fire protection, to the CFT ANNEXATION, 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, or as may be
amended, as well as any other terms and conditions which apply to the City's provision of this service.
The teml 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 CFT ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the delivery of water to or within the CFT ANNEXATION to include, but not limited
to, any impact fees, hook~up, connection, or development charges which may be established by the
City. The applicant is further on notice that prior to development the applicant will be responsible for
installing any facilities required to provide full municipal services to the property in accordance with
the City of Bozeman's infrastmcture master plans and all city policies that may be in efIect at the time
of development.
I CFT ANNEXATION AGREEMENT
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5.
Municipal Sewer Service Defined
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Shelley Vance-Gallatin Co MT MISC 79.00
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, or as may be
amended, as well as any other tem1S and conditions which apply to the City's provision ofthis service.
The tenn does not contemplate the extension of lines or construction of necessary improvements at
any cost to the City for collection of sewage at and within the CFT ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the eollection of sewage services to or within the CFT ANNEXATION to include, but
not limited to, any impact fees, hookup, connection, or development charges which may be established
by the City. The applicant is further on notice that prior to development the applicant will be
responsible for installing any facilities required to provide full municipal services to the property in
accordance with the City of Bozeman's infrastructure master plans and all city policies that maybe in
effect at the time of development.
6. Water Ri2:hts
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
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, thatfor any annexation 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 3137, Adopted August 19, 1996
The CFT ANNEXATION consists of approximately 0.56 acres.
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
I eFT ANNEXATION AGREEMENT
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Sh.ll.y Vano.-Gallatln Co MT MISC 78.00
CFT ANNEXATION, consisting of a total of {).56 acres, shall
provide water rights or cash-in-lieu at the time the executed
Annexation Agreement is submitted to the City.
The Landowner shall provide sufficicnt cash-in-lieu as calculatcd by the City in accordance
with its policy at the time of calculation. The City has determined that no cash-in-lieu of water rights
is required from this annexation as the annexation does not include independently developable land.
7. Comprehensive Water and Sewer Desi2ll Report
Prior to future development of the property, the Landowner shall have prepared by a
Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing
capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for
both existing and post-development demands, and the report findings must demonstrate adequate
capacity to serve the full development of the land. If adequate water and/or sewer capacity is not
available for full development, the report must idcntify necessary water system and sewer system
improvements required for full development. The Landowner agrees to complete at Landowner's
expense, the necessary system improvements to serve the full development.
8. Future Development
Landowner understands and agrees that adequate municipal services and facilities are not
currently available to much of the area proposed for annexation, and that there is no right, either
granted or implied by the City, for the Landowner to develop any of the CFT ANNEXATION until it
is verified by the City that necessary municipal services and faeilitics, including but not limited to
police and fire protection and road improvements, are availablc to all or a portion of the CFT
ANNEXATION.
9. Impact Fees
Thc Landowners hereby acknowledge that annexation and development oftheir property will
impact the City's existing strcet, water and sewer infrastructure, and fire service requirements. There
I eFT ANNEXATION AGREEMENT
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S~elley Vanoe-Gallatin Co MT MISC 78.00
are no existing structures on the property. At the tIme new structures apply to the City's Water and
Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees which are due. The
Landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by
chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listed
in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. Ifthe impact fees cUlTently
imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or
declarcd invalid by a court of competent jurisdiction, Landowners agree to pay the City fees or
assessments established by the City for impact on City services in accordance with a new or revised
Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision after the
date of the court decision. If, prior to enactment of such revised Chapter, the Landowner applies for
any pemlit which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of
the Bozeman Municipal Code, the Landowner further agrees to pay at that time, the amount calculated
for all such fees based upon the rates established at the date ofthis agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
landowner would have been entitled to a refund under the court's decision but were it not for the sole
fact of the landowner paying impact fees because of this agreement, then all such impact fees paid
prior to the court's decision shall be held in escrow until a revised Chapter of the Code is enacted after
the Court's decision.
At the time the revised code is enacted, then all such fees held in escrow shall be released to
the city and the balance, ifany, retumed to the landowner. All accumulated interest on the sum held in
escrow shall be released to the City or landowner on the same percentage as the money released to
either party bears to the total sum held in escrow.
Landowners further understand and agree that any improvements, either on- or ofT-site,
necessary to provide connection of CFT ANNEXATION to municipal services which are wholly
I CrT ^NNEXATION AGREEMENT
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Sh.ll.y V.no.-G.ll.tln Co MT MISC 78.00
attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman
Municipal Code, or as amended, and as such, are not eligible for impact fee credits.
IrLandowncrs default on this condition at the timc such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to Landowners of such
default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable and
City shall have thc right and privilege to take legal action against Landowners
for the collection of such sum, including the entry of any judgment. In
addition, the City may, at its option, enforce payment of such amount by
levying an assessment on the prcmises.
B) Elect any other remedy available to City under the laws of the State of
I CFT ANNEXATION AGREEMENT
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Montana.
C) Any waiver by City of any default shall not be construed as a waiver of any
subsequent dcfault.
D) It is agreed that it shall bc no defense to the enforcement of this provision by
the City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman
Municipal Code arc subsequently voided or declared invalid by a court of
competent jurisdiction. It is the express intention of the parties not to be bound
by such a declaration or judgment and, therefore, notwithstanding any
judgment either limiting impaet fee payments undcr annexation agreements to
specified amounts, or prohibiting any such payment, landowner will pay such
amount as specified above.
10.
Stormwater Master Plan
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Shelley Vanoe-Gallatln Co MT MISe 78.00
Landowner understands and agrees that a Stormwater Master Plan for the CFT ANNEXATION
for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the
public streets must be provided to and approved by the City Engineer at the time of any future
development. The master plan must depict the maximum sized retention/detention basin location and
locate and provide easements for adequate drainage ways within the area to transport runoff to the
stormwater receiving channel(s). The plan shall include site grading and elevation infonnation, typical
storm water detention/retention basin and discharge structure details, basin sizing calculations, and
stonnwater maintenance plan.
11. Traffic Analysis Report
Landowner may be required to provide a detailed Traffic Analysis RepOli(s) at the time of
future development of any portion of the annexed property.
12. Utility Easements
Landowner understands and agrees that utility casements, a minimum ofJO feet in width, may
be necessary for the installation and maintenance of water and sewer utility services to the annexed
parcel. The Landowner shall create such easements in locations agreeable to the City during the
appropriate development procedure, but in no event later than the filing of any final plat or site plan or
issuance of a building pemlit on any of the parcels.
13. Trail Easements
Landowner agrees that concurrent with further development ofthe property easements shall be
provided for pedestrian and bicycle trails along the southern portion of the property to connect the
Gallagator Trail and S 11 tll A venue; from the point of intersection of the Gallagator Trail and
Westridge spur to the access allowed by MSU in the alignment ofS ill Avenue; and along the eastern
I eFT ^NNEXATION AGREEMENT
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edge of the property for the existing Gallagator Trail. Such easement shall be to the standards of the
City as adopted by ordinance or policy at the time of development.
14.
Additional Terms of Waivers
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Shelley Vance-Gallatin Co MT MISC 78.00
The 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 CFT ANNEXA nON. The parties
further agree that the City may file these documents at any time.
15. Governinl! Law and Venue
This Agreement shall be construed under and governed by the laws ofthe state of Montana. In
the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
I CFT ANNEXA nON AGREEMENT
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Gallatin County, State of Montana.
16. Attornev's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the tenns or conditions ofthis Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs, to include the salary and costs of in-house cOLlnsel including City
Attorney.
17. Waiver
No waiver by either party of any breach of any tenn, covenant or agreement shall be deemcd a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement.
No covenant, tenn or agrcement shall be deemed waived by either party unless waived in writing.
18. Invalid Provision
The invalidity or un enforceability of any provision ofthis 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.
19. Modifications or Alterations
No modification or amendment ofthis Agreement shall be valid unless evidenccd by a writing
signed by the parties hereto.
20.
No Assienment
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Shallay Vanoa-Gallatln Co MT MISC 78.00
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part
without prior written consent of the City.
21. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hcreto and their respective heirs, successors and assigns.
22. 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.
The undcrsigned Landowners affirms that they have authority to enter into this Agreement on
behalf of their partnership, and to bind the partnership to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
ST A TE OF MONT ANA
LA~9rNERS . ~ ,
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Richard Clotfelter ;'
,
County of Gallatin
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On this ll~ day of J /0 (/ti.,Vl ber"", 2004 before me the undersigned, a Notary Public
in and for the State of Montana, personally appeared Richard Cloftelter, known to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
\I(jJ~ _ ~(JVu'.~hI
NOTARY PUBLIC. R THE. ATEOF MONTANA
I eFT ANNEXATION AGREEMENT
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Jl2j.fvlf Gfe Vl irlO~r
(Printed Name)L.
Residing at fO tTLuIJ.;'tC{ Ht-
My Commission expires -3
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STATE OF MONTANA )
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County of Gallatin )
On this q4l\.. day of U2f ..e~, 2004, before me the undersigned, a Notary Public in
and for the State of Montana, personally appeared Stephen Forte, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixcd my Notarial Seal the day
and year first above written.
JrnniC: hem
Notary PlIblic lur n!e SUte of Montana
~1c~;idinoat Hl:iUfdde, Montdllil
My Commission [xplres June 20, 2007
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NARY PUBLIC ,OR THE STATE OF MONTANA
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My Commission expir\:?'s Ot;:-.> I;;;)c:> 1200 'i
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kc Tolliver .
STATE OF MONTANA )
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County of Gallatin )
On this) .()~ day of Sf" f f"C,nb(( , 2004, before me the undersigned, a Notary Public
in and for the State of Montana, personally appeared KC Tollivcr, known to me to be the person
I eFT ANNEXATION AGREEMENT
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whose name is subscribed to the within lI1strument, and acknowledged to me that he did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
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NOTARY PUBLIC FOR THE STATE OF MONTANA
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My Commission expires (1
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CITY OF BOZEMAN
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By: Chris Kukulski, City Manager
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Robin L. Sullivan,
Clerk of the City Commission
STATE OF MONTANA )
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COUNTY OF GALLA TIN)
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On the .2.fld:day of 11/l{L~ ' 200!, before me, a Notary Public for the State of
Montana, personally appeared CHRIS UKULSKI AND ROBIN L. SULLIVAN, known to me to be
the 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.
I eFT ANNEXATION AGREEMENT
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I eFT ANNEXATION AGREEMENT
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