HomeMy WebLinkAbout93- First Security Annexation
filM 152Pt'Sf22SS
fIRST SECURITY BAN~
AN.NE2.l~J'ION AGREEMENT
THIS AGREEMENT, 1S made and entered into this 22nd
day of
..._Pg.c;,.~IDb er
1993, 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
t.o as "City", and FIRST SECURITY BANK OF BOZEMAN. P. o. Box 910,
Bozeman, HT 59771-0910, hereinafter referred to as "Landowner".
WHEREAS, the Landowner owns in fee simple certain real
property identified as Tract E-1 of Certificate of Survey No. 1623,
located in the SEt of Section 31, Township 1 South, Range 6 East,
P.M.M., Gallatin County, Montana, and more commonly located at 705-
707 Bridger Drive, Bozeman, Montana.
WHEREAS,
the
Landowners
have petitioned the
City
for
annexation of the contiguous tract; and
WHEREAS, the Landowners recognize that the annexation of the
above-descri bed property, here inafter referred to as the "First
Securi ty Bank of Bozeman Annexation Tract" will enti tle the
Landowner to Ci ty serV1ces, 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
.1S
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
First Security Bank of Bozeman Annexation Tract will impact Bridger
Drive; and
, .
FILM 152P~\Cl22G7
FIRST SECURITY BANK OF BOZEMAN
ANNEXATION AGREEMENT
PAGE 2 OF 7
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 serV1ce available to furnish sewer collection
service, and provide traffic circulation for development within the
First Security Bank of Bozeman Annexation Tract; and
WHEREAS, the making and performance of this agreement 1S
desirable to promote the development of the most adequate water
supply, sewer collection and traffic circulation pattern for the
City as it now exists and as it is reasonably expected to enlarge;
and
WHEREAS, the Landowner understands and agrees that no develop-
ment shall be approved for any of the First Secur i ty Bank of
Bozeman Annexation Tract until water, sewer and street improvements
are made resulting in adequate city transportation, which adequacy
shall be determined by the Director of Public Service or his desig-
nee and sani tation facilities to safely accommodate use of and
travel to, from and within the parcel proposed for development; and
WHEREAS, the securing of an adequate water supply, sewer
collection, and traffic circulation system by the City 18 necessary
and of mutual advantage to the parties hereto.
WITNESSET",_ll;..
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 First Security Bank of
Bozeman Annexation Tract in accordance with its decision on
November 1, 1993.
filM 152?ACf226S
FIRST SECURITY BANK OF BOZEMAN
ANNEXATION AGREEMENT
PAGE 3 OF 7
3. Services Provided by City.
Pursuant to Section 7-2-4409, M.C.A. and Commission
Resolution No. 2937, the City will, after annexation, make
Ci ty services, including water and sewer, available to the
First Security Bank of Bozeman Annexation Tract.
4. Municipal Water Service Defined.
The term "municipal water service" as },S used in this
Agreement shall be the service which is supplied by the City
1n accordance with Chapter 13.12, Bozeman Municipal Code, as
well as any other terms and condi tions which apply to the
City's provision of this service.
The term does not
contemplate the
ext,ension of
lines or construction of
necessary improvements for delivery of water to and within the
First Security Bank of Bozeman Annexation Tract or any hook-
up,
connection,
or
development
charges
which
may
be
established by the City.
5. MUIlic i paL Sewer Sery ice..J!ef ined.
The term "municipal
, "
sewer serVlce 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, 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 First Security Bank of Bozeman Annexation Tract or any
hook-up, connec t ion, or development charges which may be
established by the City.
6. Water Ri~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 average
annual diversion requi rement necessary to provide the
anticipated average annual consumption of water by
filM 152PA~12263
FIRST SECURITY BANK OF BOZEMAN
ANNEXATION AGREEMENT
PAGE 4 OF 7
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 First Security Bank of Bozeman Annexation Tract
consists of approximately 1.9198 acres.
The Landowner understands and agrees that sufficient
water rights must be provided in accordance with the City's
policy prior to acceptance of this Annexation Agreement. The
Landowner shall supply such water rights or fee in lieu as
calculated by the City in accordance with its policy at the
time of calculation.
The Landowner further understands that
the City has
calculated
the
average
annual
diversion
requirement necessary to provide water on the basis of the
zoning designation for the property at the time such
calculation 1S made.
Six acre-feet per year has been
calcuJ.ated as the amount of water use based on the M-1 zoning
of the property.
The cash-in-lieu of this amount equals
$2,082.36.
7. Waivers of Right to Protest Special Improvement Districts for
Improvements to Bridger Drive.
The Landowner has executed a Waiver of Right to Protest
Creation of Special Improvement Districts which include the
First
Security
Bank
of
Bozeman
Annexation
Tract
for
improvements to Bridger Drive. This Waiver is attached hereto
as Exhibit A.
rllM 152rt~Ct227a
FIRST SECURITY BANK OF BOZEMAN
ANNEXATION AGREEMENT
PAGE 5 OF 7
8. Installation of Municipal Water ~~,":r_yj,-~~.
The Landowner understands and agrees that City of Bozeman
municipal water service must be installed wi th any future
improvements or development of said property.
9. Plans and Speci f icat ions fa 1'",_ Waj;..,~_!:~~Q~"J3.,ani tary Sewer Mai!!
Extensjons ReQuireg.
The Landowner understands and agrees that appropriatp
plans and specifications for any water or sanitary sewer main
extensions must be submitted for review and approval by the
City of Bozeman Engineer, Superintendent of Sewer/Water, and
Montana Department of Health and Environmental Sciences prior
to proceeding with extension of sewer and/or water mains.
10. Additional Terms for Waivers.
All parties recognize that this document must be executed
at the time this Annexation Agreement is executed, and shall
be filed and of record with the Gallatin County Clerk and
Recorder.
The Ci ty shall file these documents once the
Annexation is officially accepted.
11. Utility Easeme,pts.
The Landowner understands and agrees that utility
easements, thirty (30) 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 at such time
they are needed.
12. Governin~ Law.
This Agreement shall be construed according to the laws
of the State of Montana.
13. Invali~"E!.:ovi~i.9_rr.
The invalidity or unenforceability of any prOV1Slon 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.
FtL~ 152r}~C[2Z71
FIRST SECURITY BANK OF BOZEMAN
ANNEXATION AGREEMENT
PAGE 6 OF 7
14. Modificatiop~_or Alteration~.
No modification or amendment of this Agreement shall be
valid unless evidenced by a writing signed by the parties
hereto.
15. No Assi~~ment.
It is expressly agreed that the Landowner shall not
assign this Agreement in whole or in part without prior
written consent of the City.
16. Successors.
Except as provided in paragraph 17, 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.
17. Covenan~s 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.
IN WITNESS WHEREOF, the part ies hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF BOZEMAN
I .\
~...., ;
L, ~~J ~ AL\l".\Q~,'
. ^.~
LANDOWNER /''''
J " II ('/
By ~ V-.t::L'BZ. vol., I. f., (~!J( a,~" lyJP
'LeL:1uJ A. Cr+a.s.e. \
I (7-{ I. ~'. ;5/ . /1, tl"{'I.. ,'..~",
/., ,i ./. ,d. c..... ":.,' .
"..'
..'
'I
',.
.~t (
filM 152 PI\S[~272
FIRST SECURITY BANK OF BOZEMAN
ANNEXATION AGREEMENT
PAGE 7 OF 7
STATE OF MONTANA
County of Gallatin
:ss
)
fl"'
,
~"-_.,-t~,.~-
On this ? 2 day of , 1993 before me,
a Notary Public for the State of Montana, personally, appeared
Leland A. Chase, known to me to be the 4'ird.,',;/:z->t..-{ ti~l" /iu..,t!"."':.
of First Security Bank of Bozeman, the enti tv whose name is
subscribed to the above Annexation Agreement and acknowledged to me
that he executed the same for and on behalf of First Security Bank
of Bozeman.
'~~'."/{'" . l'~LWITNESS WHEREOF, I
" ".;'i,"'Notarlal Seal the day and
"~,:I ''.''' D~A ~,'~' "J
fil' ,N" Ii AI ""
.',_ d'""~,,,., ..... 4( ~,,~ "
, <,;V'.o. .. ~ ~
f,"'~.i' 0( ~\\\Al .:X' '\, _ '.
; ~ : .~'\" ...--- ..
":,~_",,' i ,~~' ',~ti' ry Public
I~ ~.. .. "II,
~ t! "..' " .' ~i din gat
~ ... ! ..,.' ....~" .
i~~.~1if'" .....~ "mlsslon Expuf. s: ::;.L~'
I",' '~"" L" Jo....... ..to .~ .
......~,.-~... f \, ~~
:".~~..,,,. ft .' ~~,
I ", --- r.'lll"'....
l"'~'..' ,'~..,"."',' .'
: /'l ~,; :~,\ ,"
I .t!. .i.. '.,.: - .'
~l',{' f' :~,:.. . ::r
have hereunto set my hand and affixed by
year first above written.
of Montana
{', "'~-. -,_.-
.. c_
J ,-
. filM 152 r"cr ~27J
EXHIBIT "A".
~AIVER OF RIGHT TO PROTEST
CREATIDN OF SPECIAL IJ1EE9-YEMEI':-lT DISTRICTS
FOR STRf~E..T"..J.,MJ2ROVEMENTS TO BRIDGER DRIVE
I, the undersigned, owner of the real property situated in the
County of Gallatin, State of Montana, and more particularly
described as follows:
Tract E-1 of Certificate of Survey No. 1623,
located in the SEt of Section 31, Township 1
South, Range 6 East, P.M.M., Gallatin County,
Montana, and more commonly located at 705-707
Bridger Drive, Bozeman, Montana.
IN CONSIDERATION of receiving Annexation to the City of
Bozeman of the above property, along with accompanying rights and
privileges and for other and valuable consideration, the receipt of
which is hereby acknowledged, and in recognition of the traffic
that will result from the occupancy and use of the above-described
property,
do hereby waive,
for myself,
my heirs,
personal
representatives, successors and assigns, the right to protest the
creation or formation of one or more special improvement district
or districts for street improvements to Bridger Drive, including
pav ing, curb/gut tel', storm drain, and sidewalk, that may become
assessable under a duly passed resolution to create such a special
improvement
district
or districts
under applicable
Montana
statutes,
which would include the above-described property;
PROVIDED, HOWEVER" that this waiver does not and shall never
abrogate, or limit, the owner's right to challenge the cost
apportionment formula, or amounts assessed, or both, by or under
the authority of said special improvement district.
This waiver is limited to the costs of the construction of
one-half the width of a City of Bozeman, Montana standard street,
including pavement,
curb,
gutter,
storm drain system,
and
sidewalks, that may become properly apportionable.
This waiver shall be a covenant running with the land and
shall not expire.
1
FllH 152 PAC[227,I
~
\
WAIVER OF RIGHT TO PROTEST
CREATION OF SID(S)
FIRST SECURITY BANK OF BOZEMAN
ANNEXATION AGREEMENT
PAGE 2 OF 2
I warrant that I am lawfully seized and possessed of the real
property described above and that I have a lawful right to convey
the property or a~y. Z",..part of it.:7 '::
<- XI, I.
DATED this day of _~-...--'C,~
S'\
, 19~.
FIRST SECURITY BANK OF BOZEMAN
,,/
" / I'
.--,--:/< ///" (/// /' /..... .....
I'-L'-t: v 1,... '.. ,<t_--.!:::.~:.:...._..'~iL li2-(:'~_.___
By: Leland Chase
STATE OF MONTANA
:ss
County of Gallatin )
On this zz~ day of pec,eI116?v , 19 15, before me, a
Notary Public for the State of Montana, personally appeared Leland
Chase, known to me to be theU,::,/IA./t? A. ~1i.4'7C, A. V; R of First
Security Bank of Bozeman, the entity who ex~cuted the foregoing
Waiver of Protest, and acknowledged to me that he executed the same
for and on behalf of First Security Bank of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and set my
seal the day and year first above written.
Notar PubLicfpr Sta e of Montana
Resid"",,~.g .~~~:~~em~n, M~na
~I.q,:p1>mm, 'il~rt Explres: .1/ /q1 5..
;" ..." y' ',' ..; "'?;";>f'
. _' \,\\\(iIe!!'Ati "I.itg,+.:
.~ '!I.'" ,. ~\N t.~ ~;;:_j""""l'o..
.I"~~ ~ v..,..... 4,., "'; ":t''''
'<'$. ~ .'~ ~f.ti +. ~
,1 ~""~fJTANI4i"";o \
;: ..,' ....""0.:
,'::: :"'SEAL':':
,. ~ r" , ;:."': '~i
-: ..-..., '::: ',"
\ ~ ...... .l! L~
.'l.;O ., .. ,. .."
", 1,.f:..........~...o!f. "i'
"''1 Or tl<)\\ "" ,
'~-"f;"IH" <l"'"
~-r~~~ ~J~~ ,'\
INDEXED
PlATtED
j
30348.1
state of Mont., County of Gatta"n. S5 FHed for record APRIL 5 _, 19---22..
at 2,29 PM., and recorded In Book 152 O'6MISCEL~US_page ~6
SlIIfle, II. ChenlY Recorder. By '/kft:n' ~.tA1' JJeputy
RT: CITY OF BOZEMAN
FEE: $ 5 4.00
2
(Y)
Doe>
......., Z N
\'''':r::~
,-/ U >D
Wo
(D :I: 0
OUo
l"I"l
Cl'
w.....
~N
00
.......
N
~
.-l
o
o
~.
(iD!1
..lI: 1:<,;>
(,;.~ I
loW o~
> 1D:i
U ... 0
'~ 0 ~
::::s~ ~
CJ ~
Q) S
en ~
'"
.~ w'J
"'" ~
ii: j
~
,~
I- ...0
Z ".,
::I .
o N
::e (i)
< 0
..
N
~
o
o
.-l
"
..0
~
o
:z
ct
Vl
n:::
c:t
..J
..J
o
Q
o
~
t-
>-
I-
:x:
i.:l
H
IJJ
C!
Z
ct
Vl
:;::I
o
:r:
I-
o
:x
I-
~
.
Z
<
::e
W
N
o
m
u..
o
:r::
Z
<
m
>
....
ii:
::I
U
W
l/)
I-
m
a:
u:
D..:
'>
I
.-I
!"oo
,..
Cl'
IJ'\
.....
~
;;::
.cz;
:E;
UJ
N
00
It) .~
...0
U. Z
ox<
02:
)oroUJ
I- N
1-100
UCl..ro
we:
:I:w
....0
::toe:u..
0.1-00
~
r1'I
ru
o
...
ru
C-
..
M"I
...
t.D
o
o
IJ'"
ru
C-
D
..
~
,."
o
ru
...
t.D
o
~