HomeMy WebLinkAbout97- Gallatin Center Annexation Agreement
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THE GALLA TIN CENTER
ANNEXA TION AGREEMENT
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THIS AGREEMENT is made and entered into this 2nd day of
June
, 1997, by and
between the CITY OF BOZEMAN, a municipal corporation and political subdivision ofthe State of Montana,
with offices at 411 Ea<;t Main Street, Bozeman, Montana 59771 ~0640, hereinafter referred to as "City", and the
Gallatin Center Limited Partnership, P,O, Box 906, Bozeman, MT 59715, hereinafter referred to as
"Landowner" .
WHEREAS, Landowners arc owners in fee of certain tracts of real property, hereinafter referred to as
"The Gallatin Center Annexation Tract", situated in Gallatin County, Montana, and more particularly described
as follows:
Tract C-IA, C,O,S, No. 1979, and Tracts C-2, D-I, andD-2, COS No. 1827, located in Section
35, TIS, R5E, PMM, Gallatin County, Montana, Subject property consists of 161.95+/- acres,
The above-described property was previously described as Tracts C-I, C-2, D-I andD-2, COS
1827, and that tract ofland described on Film 17, Page 1115, official records of Gallatin County
Clerk and Recorder's Offlce, located in Section 35, TI S, R5E, MPM, Gallatin County,
Montana,
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; and
WHEREAS, all parties recognize that the annexation of The Gallatin Center Annexation Tract pursuant
to Section 7-2-4301, et seq., M.C.A., will cntitle the said tracts to City services, including municipal water and
sewer service, upon their availability; and
WHEREAS, the City's present water and sewer supply is insufficient to enablc it to supply reasonably
adequate water and scwer service to additional customers outside the present city boundaries; and
WHEREAS, all parties recognize that the development of The Gallatin Center Annexation Tract will
impact Baxter Lane and the illterstx-tions of Oak Street and North 19th Avenue, and Baxtcr Lane and North 19th
Avcnue, and will require additional public street improvements for traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City certain watcr rights or take somc equivalent
action to provide water and scwcr service to The Gallatin Center AlUlexation Tract; and
WHEREAS, the Landowner finds that this Agreement will providc for the most satisfactory and
dependable water and sewer supply or service availablc to furnish water and sanitary sewer serviccs and provide
traffic circulation for development ncar and within The Gallatin Center Annexation Tract; and
WHEREAS, the making and performance of this Agreement is desirable to promote the developmcnt
ofthe most adequate water and sewer supply and traffic circulation pattem for the City as it now exists and as
it is reasonably expected to enlarge; and
WHEREAS, the securing of an adequate water and sewer supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto.
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TN CONSIDERATION of the mutual covenants and agreement'> herein contained, the parties hereto
agree as follows:
1. Recitals.
The above recitals are true and correct.
2, Annexation.
The City Commission will armex The Gallatin Center Annexation Tract in accordance with its decision
on April 7, 1997.
The term "municipal water service" as is used in this Agreement shall be the service which is supplied
3, Services Provided,
The City will, upon annexation, makc currently existing and available City services, including water
service, sewer service, police protection, and fire protection, available to The Gallatin Center Annexation Tract,
as provided in this Agreement.
4, Municipal Water Service Defined,
by the City in accordancc with Chapter 13.12, Bozeman Municipal Code, as well as any other tcrms and
conditions which apply to the City's provision of this service, The tenn 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 Gallatin Center Annexation Tract of any hook-up, C01ll1ection, or development charges which may be
established by the City.
5. Municipal Sewer Service Defined.
The tenn "mtU1icipal 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, as well as any other terms and
conditions which apply to the City's provision ofthis 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
Gallatin Center Annexation Tract or any hookup, c01ll1ection, or development charges which 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 the City of Bozeman to acquire usable water
rights, or an appropriate fec 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, that for any annexation in excess often (10) acres, this policy shall be camed out prior
to final plat approval of each development phase,
Section 2, No, 5, Commission Resolution 2716 adopted October 3,1988
The Gallatin Center Annexation Tract consists of approximately 161,95+/- acres.
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The Landowner understands and agrees that they must provide sufficient water rights or cash-in-lieu
thereof in accordance with the City's policy at the time the property is either subdivided or developed, The
average annual diversion requirement necessary to provide water to this annexation tract has been detemtincd
on the basis ofthc existing multiple zoning designations ofthe property. The amount of water use per year based
on these zoning designations is 479 acre feet. Cash-in-lieu thereof is equal to $172,398.22.
All parties understand and agree that the above calculations are based only on the zoning designations,
and that the actual amount of water use per year, and cash-in-lieu thereof, will be more accurately calculated by
the Public Service Director at the time the property is further subdivided and developed, and that in order to
obtain final plat or final site plan approval, either the accurately calculated water rights or cash-in-lieu thereof
must be provided to the City by the subdivider or developer for all or a portion of The Gallatin Center Annexation
Tract.
7. Acknowled~ment of Water and Sewer Impacts
Landowner understands and agrees that prior to future development of the property, the future
developer(s) will be required to prepare 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 identify
nccessarywater system and sewer system improvements required for full development. The future devcIoper(s)
will be responsible to complete the necessary system improvements to serve the full development.
8. Acknowledgment of Traffic Impact,>
Landowner understands and agrees that additional traffic from development of The Gallatin Center
Annexation Tract will impact existing streets in the area, and that mitigation of those impacts must be addressed
prior to development of the property. LandownCt' :further understands and agrees that development of the property
will not be permitted until traffic issues are adequately addressed, regardless of the zoning designation of the
property ,
9. Waiver of Right-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for
street improvements to a) signalization of Oak Street and North 19th Avenue; b) signalization of Baxter Lane
and North 19th Avenue; c) street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and
storm drainage; and d) city water system improvements, including major trunk lines and intemallooping for the
services provided by the City (domestic and fire protection). Said Waiver is s attached hereto as Exhibit A.
10. Utility Easement.;;.
The Landowner understands and agrees that utility easements, a minimum of30 feet in width, will be
necessary for the installation and maintenance of water and sewer utility services to the annexed parcels. The
Landowner shall create such easements in locations agreeable to the City during the appropriate development
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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. Ri~ht-of-WaylEasement for Future Roadways.
Landowner agrees to dedicate, by VvTitten casement, the following land to the City of Bozeman for right-
of-way purposes:
A 45,0 foot wide strip along and south property line for Baxter Lane right-of-way.
12, Additional Tenus of Waivers.
All 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 Gallatin Center Annexation Tract by the Landowners, and
that the Landowners will submit the signed Agreement and necessary documentation within one year ofthe date
of City Commission's April 7, 1997 intent to annex the property, The parties agree that the City may file these
documents at any time.
13. Governin~ Law and Venue.
This Agreement shall be construed under and governed by the laws of the state of Montana. In the event
of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Comt, Gallatin County, State
of Montana.
14. Invalid Provision.
The invalidity or unenforccability 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.
15. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed
by the parties hereto,
16. No Assignment.
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without
prior written consent ofthe City.
17. Successors,
Except as provided in paragraph 16, 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.
18. Covenants to Run with the Land.
The parties intend that the terms of this Agreement and shall not expire at their deaths or upon transfer
of ownership of the property.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
GALLATIN CENTER LIMITED PARTNERSHIP,
LANDOWNER
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On t ..- day of 1997, before me, a Notary Public for the State of Montana, personally
appeared Eugene Graf, III and Yvo. e. Jarrett, known to me to the General Partners of Gallatin Center Limited
Partnership, whose names are subs 'bed to the within instrument and acknowledged to me that they executed
the same for and on behalf of said Partnership.
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;.. ~ITNESS WHEREOF, I. have hereun.to set my hmId mId affixed my official seal this~ day of
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Notary Pub ic for the State ofMonMl1::l I ...
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Comnu.
CITY OF BOZEMAN
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Clerk of the City Commission
STATE OF MONTANA)
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County of Gallatin )
On th~_;r0( day of ,1997, before me, a Notary Public for the State of Montana,
personally appeared Ron Bre and Robin L. Sullivan, known to me to be the persons described in and who
executed the foregoing instrUment as Acting 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 th~~ and on behalf of said City,
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. " WHEREOF, I have herewIto set my hand and affixed my seal on the day and year first
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREA TION OF SPECIAL IMPROVEMENT DISTRICTS
THE GALLA TIN CENTER ANNEXATION TRACT
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We, the tmdersigned owners of the real property situated in the COlmty of Gallatin, State of Montana,
and more particularly described as follows:
Tract C-IA, C.O,S. No. 1979, and Tracts C-2, D-l, and D-2, COS No. 1827, located in Section
35, TIS, R5E, PMM, Gallatin County, Montana. Subject property consists of 161.95+/- acres.
The above-described property was previously described as Tracts C-l, C-2, D-l and D-2, COS
1827, and that tract ofland described on Film 17, Page 1115, official records of Gallatin COlU1ty
Clerk and Recorder's Office, located in Section 35, TIS, R5E, MPM, Gallatin County,
Montana.
IN CONSJDERA nON 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 hcrebyacknowledged, in recognition of the change in traffic and the need for mW1icipal water service
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 a<;signs, the right to protest the creation of one or
more special improvement district for: 1) signalization of Oak Street and North 19th A venue; 2) signalization
of Baxter Lane and North 19th Avenue; 3) street improvements to Baxter Lane including paving, curb/gutter,
sidewalk, and storm drainage; and 4) city water system improvements, including major trunk lines and internal
looping for the services provided by the City (domestic and fire protection),
In the event Special hnprovement Districts arc not utilized for thc completion ofthcsc projects, we agree
to participate in an altemate financing method for completion of said improvements on a fair share, proportionate
basis as determined by square footage ofthe property, linear front footage of the property, taxable valuation 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.
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GALLATIN CENTER LIMITED PAR
LANOOWNE
STATE OF MONTANA)
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County of Gallatin
On th~Mday of 1997, before me, a Notary Publie for the State of Montana,
personally appeared Eugene Graf, III and v nne G. Jarrett, known to me to be the General Partners of Gallatin
Center Limited Partnership, whose names e subscribed to the within instrument, and acknowledged to me that
they executed the same for and on behalf of said Partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal on the date noted above.
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Notary Publi' or State of Montana, . . '.
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My Commls ' . 0 ()
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ANNEXATION MAP
FOR
THE GALLATIN CENTER
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A TRACT OF LAND BEING TRACT (:-1 OF CERTIFICATE OF SURVEY No. 1827
AND CERTIFICATE OF SURVEY No. 17-1115 SITUATED IN THE 5E1/4 AND
NE1/4 OF SECTION 35, T1S, i'5E" P,M,M.. GALLATIN COUNTY, MONTANA
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fOR: G"'-..;..A.TIN CENTER UMI1ITl PARThlf:R5HIP
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MAY 1997
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Trod C~ I/\. CO.S. No. 1979, and Tract. C-2, D- t and D-2, C.O,S. No. 1827,
located in SectIon 35, T15, R5E, P.M.M., Gallatin County, Montana.
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STATE OF MONTANA )
Fee $ 48.00 CRG S..., M. C1r.,
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CITY OF BOZEMAN
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TIllS INSTRUMENT WAS fILr.D fOR Rr.COn.D IN TJTlS OFFICr. ON
TIlE 24
D^ Y OF
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JUNE
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Of
2: 31 PM., AND WAS DULY RECORDED IN BOOI\:
MISCELLANEOUS HECORDS, PAGE
RECORDr.R" BY
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DEPUTY