HomeMy WebLinkAbout99- Farmhouse Partners Annexation
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ANNEXA TION AGREEMENT.
THIS AGREEMENT is made and entered into this 9th day of December ,
1999, by and between the CITY OF BOZEMAN, a municipal corporation and political
subdivision of the State of Montana, with offices at 4 I 1 East Main Street, Bozeman,
Montana 59771-0640, hereinafter referred to as "City", and Farmhouse Partners,
Bozeman Limited Partnership, William Dabney III, and Robert & Marcia Pearson, P.O.
Box 1746 Bozeman Mt. 59771 hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property,
hereinafter referred to as the "Farmhouse Partners Annexation", and more particularly
described as follows:
Lot lA and Lot 3A of Minor Subdivision No. 162A, and
Lot 2 ofMinOf Subdivision No. 162, Section 8, Township 2
South, Range 6 East, MPM, Gallatin County, Montana.
Subject property consists of7.5597 acres, more or less.
WHEREAS, the Landowner has petitioned the City for annexation of the
contiguous tract; and
WHEREAS, the Farmhouse Partners 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 of the Farmhouse Partners
Annexation pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to
City services, including municipal water and sewer service, upon their availability; and
WHEREAS, M.C.A. Section 7-2-4305 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 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 Farmhouse
Partners Annexation; and
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WHEREAS, all parties recognize that the development of the Farmhouse Partners
Annexation will impact area streets, and may reqUIre additional public street
improvements for traffic circulation; 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
wastewater collection, and provide traffic circulation for development near and within the
Farmhouse Partners Annexation; and
WHEREAS, the making and performance of this Agreement is desirable to
promote the development of the most adequate water supply, wastewater collection 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; and
WHEREAS, the parties have determined that it i<; in the best interests of the City
and the Landowner, and in furtherance of the public health, safety and welfare of the
community to enter into and implement this Agreement.
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 Landowner filed an application for annexation of the Farmhouse Partners
annexation with the City. The City, on December 7, 1998, adopted a Resolution of Intent
to Annex the Farmhouse Partners Annexation. By execution of this Agreement, the City
has manifested its intention to annex the Farmhouse Partners tract pursuant to the terms
and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43,
the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the
Farmhouse Partners Annexation 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 Farmhouse Partners Tract to the City.
.
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3. ServiCes Provided.
The City will, upon annexation, make available only existing City services to the
extent currently available, including municipal water service, municipal sewer service,
police protection, and fIfe protection, to the Farmhouse Partners Annexation, as provided
in this Agreement.
4. Municioal 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 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 Farmhouse Partners 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 Farmhouse Partners Annexation to include,
but not limited to, any impact fees, hook-up, connection, or development charges which
may be established by the City.
5. Municioal 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, or as may be amended, 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 collection
of sewage at and within the Farmhouse Partners Annexation. Nothing in this Agreement
shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the collection of sewage services to or within the Farmhouse Partners
Annexation to include, but not limited to, any impact fees, hookup, connection, or
development charges which may be established by the City.
6. Water Rie: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 hy
residents and/or users of the property when fully developed. The fee may
.
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be used 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 fmal plat approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The Farmhouse Partners Annexation consists of approximately 6.9046 acres. The
Landowner understands and agrees that they must provide sufficient water rights, for
Comstock Apartments Phase II only, which consists of thirty-two (32) units.
The Landowner has provided sufficient cash-in-lieu for the thirty-two units in
Phase II of Comstock Apartments. The City calculated the average annual diversion
requirement necessary to provide water to this annexation tract on the basis of the zoning
designation and/or City-approved development (Comstock Phase II). The amount of
water use per year based upon the zoning designation of the Farmhouse Partners Tract is
12-acre feet. Cash-in-lieu thereof, for the thirty-two units in Comstock Apartments Phase
II only, is equal to $4,349.07.
7. Comorehensive Water and Sewer Desil!n Reoort.
Prior to any further development of the property, beyond Comstock Phase II, the
Landowner, may be required to have prepared by a Professional Engineer, at
Landowner's expense, a comprehensive design report evaluating existing capacity of
sewer and water utilities in the area. The report must include hydraulic evaluations of
each utility for both existing and post-development demands, and the report fmdings
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 identify 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. Stonnwater Master Plan.
Landowner understands and agrees that a Stonnwater Master Plan for the
Farmhouse Partners Annexation for a system designed to remove solids, oils, grease, and
other pollutants from the runoff from the public streets may be required to be provided to,
and approved by the City Engineer at the time of any future development. The master
plan, if required, must depict the maximum sized retention/detention basin location and
.
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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 information, typical storm water detention/rctention basin and discharge
structure details, basin sizing calculations, and stormwater maintenance plan.
9. Waiver of Rieht-to-Protest Special Improvement Districts.
Landowner has executed a Waiver of Right-to-Protest Creation of Special
Improvement Districts for street improvements, including paving, curb/gutter, sidewalk,
boulevard and storm drainage appurtenances to: a) Haggerty Lane; b) Ellis Street; and c)
for signalization improvements at the intersections of East Main Street and Haggerty
Lane and Ellis Street and Highland Boulevard; and have further executed a Waiver of
Right-to-Protest Creation of A City-wide Parks Maintcnance District, which would
provide a mechanism for the fair and equitable assessment of maintenance costs for city
parks. Said Waiver is attached hereto as Exhibit A.
10. Utilitv Easements.
Landowner understands and agrees that utility easements, a minimum of thirty (30)
feet in width, will be necessary for the installation and maintenance of water and sewer
utility services to the annexed parcel. The Landowner shall create such easements in
location 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 permit on
any of the parcels.
11. Additional Terms of Wai verso
The parties recognize that thcse documents shall be filed and of record with the
Gallatin County Clerk and Recorder, prior to the sale of any land within the Farmhouse
Partners Annexation. The parties further agree that the City may file these documents at
any time.
12. Governine Law and Venue.
This Agrccment shall bc construed under and governed by the laws of the statc of
Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth
Judicial District Court, Gallatin County, State of Montana.
13. Attornev's Fees.
In the event it becomes neccssary for cither party to this Agreement to retain an
FARMHOUSE PAR7NERS ANN1!,XATION AGRE1!,MENT - 5 -
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attorney to enforce any of the terms or conditions of this Agreement, then the prevailing
pany shall be entitled to reasonable attorney's fees and costs, to include the salary and
costs of in-house counsel including City Attorney.
14. Waiver.
No waiver by either party of any breach of any term, covenant or agreement shall
be deemed a waiver of the same or any subsequent breach of this same or any other term,
covenant or agreement. No covenant, term or agreement shall be deemed waived by
either party unless waived in writing.
15. Invalid Provision.
The invalidity or inability to enforce 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.
16. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless evidenced
in writing and signed by the parties hereto.
17. No Assie:nment.
It is expressly agreed that the Landowner shall not assign this Agreement in
whole or in part without prior written consent of the City.
18. Successors.
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.
19. 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 undersigned Landowners affirms that they have authority to enter into this
Agreement on behalf of their partnership, and to bind the partnership to this Agreement.
FARMHOUSE PARTNERS ANNEXA110N AGREEMENT _ 6 _
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IN WITNESS WHEREOF, the parties hereto have caused this Agrecment to be
executed the day and year first above written.
STATE OF MONTANA)
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County of Gallatin )
On this ~ day of ~l!/Y1bvu , 1999, before me, a Notary Public for the
State of Montana, personally appeared William Dabney, III, known to me to be the
president of Farmhouse Partners; Bozeman Limited Partnership that executed the
foregoing Annexation Agreement, and acknowledged to me that he executed the same for
and on behalf of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
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Robert Pearson Marcia Pearson
STATE OF MONTANA)
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County of Gallatin )
On the q!. day of 1~~Il7~, 1999, before me, a Notary Public for the State of
Montana, personally appeared Robert and Marcia Pearson, known to me to be the persons
whose names are subscribed to the above instrument and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Se,~l\ih~ida~qmd year first written above.
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FARMHOUSE PARTNERS ANNEXA110N AGREEMENT - 7 -
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CITY OF BOZEMAN
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By: Clark Johnson, City Manager
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Clerk of the City Commission
STATE OF MONTANA
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County of Gallatin
On the ~ day of ---1Jer:Plmloev-; 1999, before me, a Notary Public for the
State of Montana, personally appeared CLARK JOHNSON AND ROBIN L.
SULLlV AN, 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.
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,.;'/..1 iTl' , Residing at Bozeman, Montana
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREA TION OF SPECIAL IMPROVEMENT DISTRICTS
FARMHOUSE PARTNERS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
Lot lA and Lot 3A of Minor Subdivision No. 162A, and Lot 2 of Minor
Subdivision No. 162, Section 8, Township 2 South, Range 6 East, MPM,
Gallatin County, Montana. Subject property consists of 6.9046 acre, more
or less.
IN CONSIDERATION of receiving approval for annexation of the subject
property from the City of Bozeman, along with accompanying rights and privileges and
for other and valuable consideration, the receipt of which is hereby acknowledged, and in
recognition of the impact to Haggerty Lane and Ellis Street and the intersections of
Haggerty Lane and East Main Street and Ellis Street and Highland Boulevard, and the
impact 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 more special improvement districts for paving,
curb, gutter, sidewalk, and drainage improvements to: 1) Ellis Street 2) Haggerty Lane;
and 3) for signalization improvements to the intersections of Haggerty Lane and East
Main Street and Ellis Street and Highland Boulevard, and 4) for a city-wide Parks
Maintenance District, which would provide a mechanism for the fair and equitable
assessment of maintenance cost for city parks, or to make any written protest against the
size or area or creation of the district 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.
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, taxable valuation of the property, or a
combination thereof.
This waiver shall be a covenant running with the land and shall not expire with
the dissolution of the limited partnership, provided however this waiver shall apply to the
lands herein described.
FARMHOUSE PARTNERS ANNr..xA TlON AGREEMENT - 9 -
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The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-int~rest and assigns of the parties hereto.
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DATED this / I day of i)t (i t#1 /) tl-- ,191Z
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STATE OF MONTANA)
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County of Gallatin )
On this 1f.!- day of DI'('~mtu,..... ,1999, before me, a Notary Public for
I
the State of Montana, personally appeared William Dabney, III, known to me to be the
president of Farmhouse Partners; Bozeman Limited Partnership that executed the
foregoing Annexation, and acknowledged to me he executed the same for an on behalf of
said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
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STATE OF MONTANA)
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On the ~ day of J)el'tmttJt.., ,1999, before me, a Notary Public for the
State of Montana, personally appeared Robert and Marcia Pearson, known to me to be the
persons whose names are subscribed to the above instrument and acknowledged to me
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
S\~~~"gl~/I~ay and year frrst written above. .
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