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HomeMy WebLinkAbout97- Gateway Limited Partners Annexation , ,\ t .J i t . GA TEW A Y LIMITED PARTNERS ANNEXATION AGREEMENT , F~'" 1'9 P~~r.2005 THIS AGREEMENT is made and entered into this 1 s t day of Oecember 19---.2L, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter rererred to as "City", and GA TEW A Y LIMITED PARTNERS, a Georgia Limited partnership, 360 Rainbow Road, Gallatin Gateway, Montana 59730, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the "GATEWAY LIMITED PARTNERS ANNEXATION", situated in Gallatin County, Montana, and more particularly described as follows: The SWJA of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREFROM the WY2WY2NW'4SW'4 and the WlhWY2WY2SWI4SWI4, Gallatin County, Montana WHEREAS, the Landowner has petitioned the City for annexation or the contiguous tract; and WHEREAS, the GA TEW A Y LIMITED P ARTNERS 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 or this Agreement and M.C.A. Title 7, Chapter 2, Part 43. WHEREAS, all parties recoglllze that the annexation of the GATEWAY LIMITED 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 GATEWAY LIMITED PARTNERS ANNEXATION AGREEMENT Page 1 " . ntH 179 PACf2096 WHEREAS, all parties recognize that the development of the GATEWAY LIMITED PARTNERS ANNEXATION will impact Durston Road, West Oak Street, Annie Street, and North 27th 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 GATEWAY LIMITED PARTNERS ANNEXATION; and WHEREAS, the Landowner Jinds 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 near and within the GA TEW A Y LIMITED PARTNERS ANNEXATION; and WHEREAS, the making and performance 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 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 is 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 arc true and correct. 2. Annexation. The Landowner lilcd an application for annexation of the GATEWAY LIMITED PARTNERS ANNEXATION with the City. The City, on June 16, 1997, adopted a Resolution of Intentlo Annex the GATEWAY LIMITED PARTNERS ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the GATEWAY LIMITED GATEWAY LIMITED PARTNERS ANNEXATION AGREEMENT Page 2 ~ . ~ r n ~ 1 i9 P~Cf2007 PARTNERS ANNEXATION 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 or Annexation of the GA TEW A Y LIMITED 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 GA TEW A Y LIMITED PARTNERS ANNEXATION tract to thc City. 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 GATEWAY LIMITED PARTNERS ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined. Thc term "municipal watcr scrvice" as is used in this Agreement shall be the service which i~ 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 GATEWAY LIMITED 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 watcr to or within the GATEWAY LIMITED PARTNERS ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or developmcnt chargcs which may be establishcd by the City. 5. Municipal Sewer Service Defined. Thc term "municipal sewer service" as is used in this Agrecment shall be the servicc which i~ 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 GA TEW A Y LIMITED PARTNERS ANNEXATION. Nothing in this Agreement shan obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of GATEWAY LIMITED PARTNERS ANNEXATION AGREEMENT Page 3 -. .. '" fILM 179 P~Cf2098 sewage services to or within the GATEWAY LIMITED 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 Rit!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 :-.upply capacity. Except, however, that for any annexation in exces:-. or ten (10) acres, this policy shall be carried out prior to final plat approval of each development pha:-.e, Section 2, No.5, Commission Resolution 3137, Adopted August 1 y, I YY6 The GATEWAY LIMITED PARTNERS ANNEXATION consi:-.t:-. of approximately 148 acres. The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following :-.chcJulc: GATEWAY LIMITED PARTNERS ANNEXATION, consisting of a total of 148 acres; prior to filing of any final subdivision plat, fmal site plan approval, or the issuance of any building permit, whichever occurs first. The Landowner shall provide sufficient water right:-. or cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement neces:-.ary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. The Landowner agrees to provide sufficient water rights or ca:-.h-in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building penn it, whichever occurs first. 7. Acknowledl!ment of Water Impacts Landowner acknowledges that City's Water Facility Plan is currently being finalized, and that pressure zone appurtenances may be required of the Landowner or future devcloper(s) with future development. 8. Waiver of Ril!ht.to-Protest Spcciallmprovemcnt Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for a City-wide Park Maintenance District, which would provide a mechanism for the fair GATEWAY LIMITED PARTNERS ANNEXATION AGREEMENT Page 4 filM 179Pi~cr2099 , .. , .. J. and equitable assessment of maintenance costs for City parks, and for street improvements, including paving, curb/guller, sidewalk, boulevard and storm drainage appurtenances to: a) Ourston Road; b) West Oak Street; c) Annie Street; and d) North 27th Avenue; and for signalization improvements at the intersections of West Oak Street and North 19th Avenue, and Ourston Road and North 19th Avenue; and have further executed a Waiver of Right-to-Protest Creation of Rural Improvement Districts for paving, curb and guller, sidewalk, boulevard, and storm drainage appurtenances to Durston Road. Said Waivers are attached hereto as Exhibits A and B. 9. Utility Easements. Landowner understands and agrees that utility casements, a minimum of 30 feet in width, will be necessary for the installati9n and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such casements in locations agreeable to the City during the appropriate development procedure, but in no event later than the filing of any linal plat or site plan or issuance of a building permit on any of the parcels. 10. Ril!ht-of.WaylEasemcnt for Future Roadways. Landowner has dedicated, by wrillen casement, the following land to the City of Bozeman for right-of-way purposes, which represent Landowner's proportionate share of the necessary right-of-way. Said casements will be filed with the Gallatin County Clerk and Recorder at the time tllis Annexation Agreement is filed. a) 32.5-feet for North 27lh Avenue b) 65-feet for Annie Street c) 65-fcet for West Oak Street d) 45-fcct for Durston Road 11. Stormwater Master Plan. Landowner understands and agrees that a Stormwater Master Plan for the GA TEW A Y LIMITED PARTNERS ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets must he 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 channcl(s). The plan shall GATEWAY LIMITED PARTNERS ANNEXATION AGREEMENT Page 5 filM l4'9 PACf21(xJ ; ~'. . " .J ~ include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 12. Additional Terms of Waivers. 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 GATEWAY LIMITED PARTNERS ANNEXATION. The parties further agree that the City may file these docllments at any time. 13. Governine: 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 Court, Gallatin County, State of Montana. 14. Attornev's Fees. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-hollse counsel including City Attorney. 15. 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 covcnant, term or agreement shall be deemed waived by either party unless waived in writing. 16. 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. 17. Modifications or A Iterations. No modification or amendment of this Agreement shall he valid unless evidenced by a writing signed by the parties hereto. GATEWAY LIMITED PARTNERS ANNEXATION AGREEMENT Page 6 .. J j \ flU" 1 79 PACE21~1 18. No Assl~ment. It is expressly agreed that the Landowner ~lw,n not assign this Agreement in whole or in pnrt without prior written consent of the City. 19. Successors. This Agreement shall be binding upon. illUl\ L\> the benefit of and be enforceable by the parties hereto and their respective heirst succesSors dud assigns. 20. Covenants to Run with the Land. The parties intend that the terms of this i'l.iOl,:0menl shall he covenants fUnning with the land and shall not expire at their deaths or upon 1I1l11.~10r of ownership of the propeny. The undersigned Landowners affirms lhullht~ have authority to enler into this Agreement on behalf of their pannership, and to bind the partllelship 10 this Agreement. IN WITNESS WHEREOF, the parties hCI~to have caused this Agreement to be executed the day and year first above written. LANDoWNER GATEWAY LIMITED PARTNERS A Oeolbld Limited Partnership By: \. 0dJxO~ \ ~ WALTERW~ 1~, Gef\E.('(\.( rC\.rtv\ '€t STATEOFMONTANA ) :ss County of Gallatin ) On this ~ day of 7?Jr1~~/\. ..' 19U, before me, n Notary Public for the () S~ of Montana, personally appeared W AL 'fER WOLF, known to me to the ~ AA "A M. ..l.iJ./lT/YJ../\ of GATEWAY LIMITED PARTNERS, a Georgia ':mitc(\ partnership, and acknowledged to me that he eXel.;lIll;d. this instrument on behalf of said lir..,,,. pHrlnership pursuant to the power and authority vesl",d in him. '.~ Notary Public ~ the State olt-.lontanll Residing~ "7, a.....~ Commission Expircs:-L2 -.?L:;:~ GATEWAY LIMITED PARTNERS ANNEXATION AORf.'r;1.1ENT Page 7 9/~ '3::lVd ~';L6 L8'; 90'P .,_:-V '10gVS 'M Hd3sor ~s 0: (:\!":' 1-6 . ..(, t, j" f tt~ 1 '79 PACt21~ CITY OF BOZEMAN ~\, .~ ~ ~-~ ,..-- By: Clark Johnson. City Manager A TrEST: (2rt J~ Clerk of the City Commission STATEOFMONTANA ) :ss County of Gallatin ) On the ~ day of y({///' I:Ld/( ,19~. before me, a Notary Public for the State of Montana. personally appeared CLARK JOHNSON 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 lhe same for and on behalf of said City. OF. I have hereunto set my hand and affixed my seal on the day , ,.......-l.../ ,- , ./--"/i.t,'G' Notary Public for the State of Montana Residing at Bozeman. Montana My Commission Expires:;:;' /,,)/ Y? GATEWAY LIMITED PARTNERS ANNEXATION AGREEMENT Page 8 .', .' ~ rtl~ t 79 fACF21QJ EXHIBIT ".do': WAIVER OF RIGHT 'I'Q PROTEST CREA TION OF SPECIAL IMPROVEMENT DISTRICTS GA TEW A Y LIMrrnD PARTNERS ANNEXA nON The undersigned owner of the real prop.:tL) .'llluated in the County of Gallatin, :'J...., Montana, and more particularly described as follow" The SW~ of Section 2, Township 2 SOUUI, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREf<1(UM the W1f2W1f2NW1ASW and the WIhWV:zWv.zSWIASWIA, Gallatin County. IvlJlHl1na IN CONSIDERATION of receiving approv.d LOr annex.ation of the subject property ii-om the City of Bozeman, along with accompanying nglll) and privileges and for other and valuable consideration, the receipt of which is hereby ackliJwlcdged, and in recognition of the b;:c city park!), and on traffic on Durston Road, Wel;i uak Street, Annie Street, and NUl'th 27th Avenue, and the intersections of West Oak Strecl all.! Nonh 19th Avenue and Durston Road and North 19th Avenue. which will be caused by the \hcvdopment of the above~described Twm,;~y, the owner has waived and do hereby waive for ll.'l,-.lf, its successors and assigns, the right LO protest the creation of one or more special imp1\; vement districts for 1) a City-wide Park Maintenance District; and 2) paving, curb, gutlt-i, .'!ldewalk, and drainage improvements tn: a) Durston Road; b) West Oak Street; c) Annie :'.<1001; and d) North 27th Avenue; and for signalization improvements to the intersections 01 West Oak Street and North 19th Avenue, and Durston Road and North 19th Avenue, or to makr, dny written protest against the size or area or creation of the district be assessed in response to II July 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 "llh the land and shall not expire with the dissolution ofthe limited partnership, provided howvvtll' this waiver shall apply to the lands hcrcl.<_ described. The tenns, covenants and provisions of lht:' WaIver shall extend to, and be binding upon the successors-in-interest and assigns of the paIue.'! iler~lo. GATEWAY LIMITED PARTNERS ANNEXATION AGltH4>:1ENT Page 9 9/1> "3:DVd (;51.,6 1.,85 9017 ':":"Y "108:YSM Hd3:S0f 1>1>0: (:,,3) i.. I'; fILM 179 PAC[2104 , , ' DATED this iIk...... day of '~Kwt~, 1997. GATEW A Y LIMITED PARTNERS A GeOlg,lU Limited Partnership By:___-n~0}()O ~LTERWOLF ~ l!,); Gt'. 1'\ ~ t"U_ r. Pc..."r-tY\. e r STATE OF MONTANA) : 85 County of Gallatin ) On 'his !2tL.. day nf i?~ 1991, ,~Iilre me, a Notary Public fote Sl." Montana, personally appeared WALTER WOLF, known to me to be the.~M"'AA Partner of GATEWAY LIMITED PARTNERS, a Georgia litUllcd partnership and acknowledged to me that he executed this instrument on behalf of said 1inllll~d partnership pursuant to the power and authority vested in him. IN WITNESS WHEREOF, I have hereunto I,Ll my hand and set my seal on the date n, above. t,,,,tnt!fI4"'It' '~tf .\,t oJ lIS F"'" ' \' " ,t" 1!1'+. ( - ,\'",-\" "...: 4T~_...' , III .......~ '-""111""'.- 1\ R ,....... 4.. ~ ' . . - - .j $~..~.... '\ 4( \~ ~ota~y Pubhc fOl~ tate of MOHlana . ! '. ' ! (~~ X 'L \.' ... w.'Residing at /30 z e (Y\ 9", v'\ .- " '. ~r -. i\ :J~.n. J~i' l~y Commission Bxpires:......L1_:..2 1:- '7 ~ " ~ .... ' .J:". ~~... ~'I,"'."" ~.. .r-:: , ' ~... ~ ~ ,". , ~" .A:.~~~,.. .._~~. ,,,,.,.J. , ..., '''0 \11" It.~ 'J".. l'l1 ,~ ,_" ~~ , .".t..,,,.,.~~ GATEWAY LIMITED PARTNERS ANNEXATION AGi<.l:.J:.[1~NT Page 10 9/1- '30'1'01 ;::SL6 L8" 90v ,__-._:"''1 10gVS -N. Hd3S0;- s:s:", (:1i,,1 L6 {-i\.e:, .1. .' . . . filM 119 PAct'2105 EX H IB IT '~:.!L W AlYEa OF RIGH'(TO PROTE~T CREATION OF RURAL IMPROYEMENT DISTRICTS FOR PAVEMENT. CURB. GUTTEIL S.IDEW ALK. BOULEVARD t\~D DRAINAGE TO HURSTON ROAD GATEWAY LIMITED PARTNERS ANNEXATION The undersigned nwner M the real propcn, "iluated in the County of GaUatin, Slate of Montana, and more particularly described as follow~ The SW'A of Sectil)n 2, Township 2 SOUlll, Range 5 East, M.P.M., GaUatin County, Montana, EXCEPTING THEREFROM the WlhWYaNWI,4SWIA and the W'hW'hW1hSW~SWIA, Gallatin County,lvi';Jllunu IN CONSIDERATION of receiving approv.d lor annexation of the subject property'.. the City of Bozeman, along with accompanying right.'> and privileges and for other and vahlable consideration, the receipt of which is hereby acklhlwlcdged, and in recognition of the impact to BaxLer Lane which will be caused by the devch pnlcnt of the above-described propcrtJ' owner has waived and do hereby waive for itself, J" ~uccessors and assigns, Lhe right to protest the creation of onc or more rural improvement dlSLrkls for paving, curb, gUller, sidewalk, and drainage improvements to Durston Road, or to mul-c any written protest against the size:. '"., or creation of the district be assessed in rcsp~mse 10 1\ duly passed resolution of intention to creale one or more rural improvement dislriCtS which would mclude the above-described property, This waiver shall be a covenant running "11th the land and shall not expire y,,:'l-, l.h(~ dissoll1tion of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of th,Naiver shall extend to, and be bindi!'~ upon the succcssors-in..interest and assigns of Ute partie~ hereto, DATED lhis2.Lduy of 71..f;>-7N'~'A ~~_, 1997. GATEW AY LIMITED PARTNERS A GC"llgiu Limited Partnership By: ~ \'---J~ \ W~TERWOLF b lls: Genera) Po...rth. e,( GATEWAY LIMITED PARTNERS ANNEXATION AGid:.EMENT page 11 9/S '3:DVd (:SL6 L8S 90v .. .~v lOilVS 'M Hd3S0f SS' 0: (: ':i... HlM 179 PACf21Q6 .' STATE OF MONTANA) : S5 County of Gallatin ) On this ~ day of71.ev-e~ 1997, L.,turc me, a Notary ~~blic forJhc State or Montana. personally appcared WALTER WOLF, known to me to be the ~-'\A\ Partr:.tr'" GA TEW A Y LIMITED PARTNERS, u Georgia Iinlllcd partnership and acknowledged to m.:: that he executed this instrument on behalf of said lilll.~"d partnership pursuant to the power uno authority vesr.cd in him. IN WllNESS WHEREOF, I have hereunto set my hand and set my seal on the date noted b.,.',,, . a ove. ;/ ,: :' "\,,i;"'U;"t~" . ~ ,,"-", ~ cf~ ~,,\ '" ,~, '1" $"":", , . ,"f~'\..... .............,s~"ittr.....'. ;tli : ~ 'r' .1',,,\ "ft14 l.~y '::. " /~" ~,>..I........~.. ~..,~,..,.'i'.".; (/\..<". ..;.'...\)....t'l.ot~~ Public fo State of MO. 111<U1a .~ (~a(b'1\L. I,"~ Rosldmgat hozE'Yhcur,\_ ,~'~\i:("l .' ,.. ../' 'My Commission Expires: I;;z. - ~l:. 'i q ,\~n",~,.... l./"'. -., I ,,:. ~~"'~."" . ....~'; .'.'V.... . .l?' '".. ..,..~ ';:"~ ~{~.~..~!. ~".....~ " , ..",~,".1I10Nl.""\tt1(,' . '" ItlU.." l\\'\~'~'., ." ~,~;,,;:.:.~' ,,~: ; 1- 3553';~J ~tate 6f Moot., County of ~allatin, ~s Filed for reoord DECEMBER 4 19 97 al 2: 26 P_M" and reGorded i. Boo!( 179 ~CELLANEOUS paQe 2.095 $.f,.;~ <11;and Recordar. If iij7 fIYIl7~ 111 j Deplt1y FEE: $72.00 RT: ROBIN SULLIVAN CITY OF BOZEMAN ~ GATEWAY LIMITED PARTNERS ANNEXATION AGH.J:.JiNENT page 12 9/9 '3PYd ;::SL6 L8S 90t> 'C"" >.::-Y ,oays 'M Hd3S0r "". ()', (:1!:.:1) 1.""