HomeMy WebLinkAbout94- Haggerty Annexation Agreement
FILM 152 PASt 2.32J
HAGGERTY ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this I 20. day of 7J6t!-<--~0cr<z, 1994,
by and between the CITY OF BOZEMAN, a munieipal corporation and political subdivision of the
State of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter
referred to as "City" and ANSON H. CRUTCHER, President, Crutcher & Jacobson Inc., for
Babeock Place Limited Partners, 874 Gravenstain Highway, Suite 6, Sebastopol, CA. 95472-4555,
hereinafter referred to as "Landowner". .. h)L" 7,1 i':;' ~_
i1'~.,Jj l iJC /(" ,J'I..:.JC,' (I ..', / / ",j" I c.--vc
WHEREAS, Amlon H. C~r is owner in fee ofa tract of celiain real property, hereinafter
rderred to as the "Haggerty Annexation" situated in Gallatin County, Montana, and more particularly
described as follows:
A tract ofland containing 4.08 acres being the West 132 feet of the East one-half of
the East one-half of the Northwest one-quarter of the Southwest one-quarter of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana.
WHEREAS, the Landowner has petitioned the City for annexation
of the contiguous tract and
WHEREAS, all parties recognize that the annexation of the Haggerty Annexation pursuant
to Section 7-2-4301, et seq., M.C.A., will entitle the said tract to City services, including municipal
water and sewer serviee~ and
WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional eustomers outside the present city boundaries~ and
WHEREAS, all parties recognize that the development of the Haggerty Annexation will
impact West Babcock Street and will require additional public streets 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 Haggerty Annexation~ and
WHEREAS, the Landowner tinds 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 within the Haggerty 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 tor the City as it now
, ,
nl~ 152rl'C[2324
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.
W J T N ESE T H:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
I. Recitals.
The above recitals are true and correct.
2. Annexation.
The City Commission will annex the Haggel1y Annexation in accordance with its decision on
February 22, 1994.
3. Services Provided.
Pursuant to Section 7-2-4305(2), M.C.A., and Commission Resolution No. 2914, the City
will, after annexation, make City services, including water and sewer, available to the Haggerty
Annexation.
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, as well as any
other terms and conditions which apply to the City's provision of this service. The term docs not
contemplate the extension oflines or construction of necessary improvements at any cost to the City
for delivery of water to and within the three parcels of any hook-up, connection, or development
charges which may be established by the City.
5. Municipal 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, 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 oflines or construction of necessary improvements at any cost to the City
for collection of sewage at and within the Haggerty Annexation or any hookup, connection, or
devclopment charges which may be established by the City.
2
fll" 152P~f'" f)'J")!""
" tl,;l....-, 4,)
6. Water Rights.
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy ofthe City of Bozeman to acquire usable
water rights, or an appropriate fee in lieu thereoC equal to the anticipated average annual
eonsumption 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
of ten (10) acres, this policy shall be earried out prior to final plat approval of each
development phasc.
Scction 2, No.5,
Commission Resolution 2716 adopted
October 3, 1988
The Haggerty Annexation consists of approximately 4.0R acres
The Landowner undcrstands and agrees that he must provide sufficient water rights according
to the following schedule:
A. Haggerty Annexation, consisting of a total of 4.08 acres, as part of a joint annexation of
thc Schrenk Annexation, Barfknecht Annexation, and Haggerty Annexation, to create
Babcock Meadows Subdivision, prior to final subdivision plat approval, final site plan
approval or the issuance of any building permit, whichever occurs first.
The Landowncrs 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 Landowners further understand that the
City shall calculate average annual diversion requirement necessary to provide water on the basis of
the zoning designation for the property at the time such calculation is made.
7. Waiver of Right-to-Protest Special Improvement Districts to West Babcock Street.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements to West Babcock Street. This waiver is attached hereto as Exhibit A.
8. Waiver of Right-to-Protest Special Improvement Districts for Signalization at the Intersection of
West Babcock Street and West Main Street.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for signal ization improvements at the intersection of West Babcock Street and West Main
Street. This waiver is attached hereto as Exhibit B.
9. Payback to Special Improvements District No. 622 Account for Connection to Existing Water
Main.
Landowner acknowledges and agrees that the development of this property will utilize an
existing Water Main in West Babcock Street, which is constructed by Special Improvements District
3
.
FIlM 152 r"nZ,.J2G
No. 622. Pursuant to Special Improvements District No. 622, and prior to fmal subdivision plat
approval, and connection to this water trunk, the Landowner shall pay a prorate share of the prqject
costs associated with original installation of that trunk. The prorate share is equal to Seven Hundred
Fifteen Dollars and Fifty Cents ($7 I 5.50) per net acre annexed. Landowner's payment shalt be made
as provided for in Paragraph Nine (9) of the Schrenk Annexation Agreement, executed
simultaneously herewith. This lump-sum payment shall be in the amount of Twelve Thousand Eight
HWldred Fourteen Dollars and Sixty-One Cents ($12,814.61) for all land annexed in accordance with
this agreement, the Schrenk Annexation Agreement, and the Barfknecht Annexation Agreement,
being a total of 17.91 net acres, 27.29 gross acres annexed. This lump-sum payment shall be
reimbursed to Special Improvements District No. 622 account.
10. Payback to Harty and Kathleen Damn for Connection to Existing Sewer Main.
Landowner acknowledges and agrees that thc developmcnt of this property will utilize an
existing sewer main in Durston Road, which was constructed by Harry and Kathleen Daum. Pursuant
to a September 29, 1976 agreement, connection to this Main will require a payback in the amount
of Seven Thousand Eight Hundred One Dollars and Sixty Cents ($7,801.60). Landowner's payment
shall be made as provided tor in Paragraph Nine (9) ofthc Schrenk Annexation Agreement, executed
simultaneously herewith. This payment shall be one lump-sum amount for all land annexed in
accordance with this agreement, the Schrenk Annexation Agreemcnt and Bartknecht Annexation
Agreement, being a total of 27.29 gross acres. This lump-sum payment shall be paid to the City of
Bozeman prior to tinal subdivision plat approval and prior to the time connection is made to the
sewer main for this property.
11. Additional Tenns for Waivers.
All parties recognize that these documents shall be tiled and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land within the Haggerty Annexation by the
Landowner, and the parties agree that the City may tile these documents at any time.
I I. Utility Easements.
The Landowner understands and agrees that utility casements, a minimum of 30 feet in width,
will be necessary for the installation and maintenance of water and sewer utility services to the
annexed parcels. The landowners shall create such easements in locations agreeable to the City
during the subdivision procedure or planned unit development procedure but in no event later than
4
flL~ 1r;?~ur'1J'""""
v-jM.;~4', ....,
the filing of any final plat or site plan or issuance of a building permit on any of the parcels.
12. Governin!.: Law.
This agreement shall be construed according to the laws of the State of Montana.
I 3. Inval id 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.
14. Modifications or Alterations.
No modification or amendment of this agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
15. No Assignment.
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 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.
17. Covenants to Run with the Land.
The parties intend that the tenns 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 parties hereto have caused this agreement to be executed the
day and year first above written.
CITY OF BOZEMAN
--"--..".,
"-/ ~
.~-.;. /' '
7X~-:';~~C~I
Its City Manager
\
\
\
.; ',: ': '"\
'J\ '~. ',' l~l"'. (.,,>
" . ',-, f"" "--
'"-
!'
<D
" '"'.
~ rl '\";:.'
5
filM 152r,\n2.J23
LAN DOWN ER
/'\
B. ~:-c '>:1
A~SO:N H. CRUTC~R,Jhesident
Crutcher & Jacobson, Inc.
A Montana Corporation, General Partner
For Babcock Place Limited Partners,
A Montana Limited Partnership
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this I l day of ,.:1,(, >13 :_'----- , 1994, before me, a Notary Public for the State of
Montana, personally appeared Anson H. Crutcher known to me to the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
/-~-- --.-----------------------'
,
Notary Public for the State of
.0Q.tana.
.,,"'1"1 )--
Lt "7
, :~.:Expires:__L./-
0<' "'". J ~S ' -
~.1.",~';~~:..1.1G.~~" .
,. '\ ':1' (J""" ..tl'~0 rl<\"'~~~
i1,;/~~:r'~!~"\~, Al -\ A';
~ , ; . ...tlXL: . ,i"
:; ". .' S ." . j. - ';1<'.."
~, ~' ":i"'~
':..:):':~ to~..'" '. ," .._.,. ~ l'
r. :t ::. , '",',' "'~ ~
,;;;,</N..'. <;'~.~'fJ'."~:,':' < ............ ~, "'~
~io. "';~' J ..'.'" ... ""\.' """
.;;t '"e''''''''\)' .",..
~ ""I,~ r, ',\\' ~ .
'''1Ii.,,,,,0'''' J'
'.(,
~/;
'..;;~,
6
flt.~ 152 i';E[2]~J
EXHIBIT" A"
W AIYER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR P A YEMENT. CURB. GUTTER. SIDEWALK. AND DRAINAGE
TO WEST BABCOCK STREET
I, the undersigned owner of real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract ofland containing 4.0X acres being the West 132 feet of the East one-half
of the East one-half of the Northwest one-quarter of the Southwest one-quarter of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian,
Gallatin County, Montana.
IN CONSIDERATION, of receiving annexation approval from the City of Bozeman,
along with the accompanying rights and privileges and for other valuablc consideration, the
receipt of which is hereby acknowledged, and in recognition ofthc impact to West Babcock
Street which will be caused by the development of the above-described property, have waived and
do hereby for myself, my heirs, executors, administrators, personal representatives, successors and
assigns, waive the right to protest the creation of one or more special improvement districts for
curb, gutter, sidewalk, pavement, and drainage to West Babcock Street to onc-half local City
street standards or to make any written protest against the size or arca or creation of the district
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 at my death,
provided however this waiver shall apply only to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon
the heirs, executors, administrators, personal representatives, successors and assigns of the parties
hereto.
.'
. .
ftl,~ 152Pt~G[2,]lO
Haggerty Annexation Agreement - Exhibit "A"
Waiver of Right-to-Protcst Creation of S.I.D.
West Babcock Street
Page Two of Two
DATED this
IN ,
(2-' day ot j:i3<!Crf)f;,~ , 1994
ANSO H. CRUTCH" , resident
Crutcher & Jacobson, Inc.
A Montana Corporation, General Partner
For Babcock Place Limited Partners,
A Montana Limited Partnership
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this ..,Jl.- day of kJtl,\A~::/~ 1994, before me, a Notary Pubic for the State of
Montana, personally appeared Anson H. Crutcher, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
//~---- --------
r
Notary Public for the State of
MOfitana.
Itesiaing:--1?_"~\J,,:--,,'i .\ <"Ii
~,(~~ission Expires:__ / ~,- '17
,".... .N)..."'..: ";' ..
, ~ ',Pt.." '. ;-"'-.4
~.,~,.~.t4 ~~'.(.~/'''''~- ""." -,,' ,,",
~'. v' ';'.~.'( .;~,. ......~. . ";"jii.~......."..~......,.. "'.
:~':,"'}l~i,:;",1 ~ ,o".'.'<? ',." ttttl! 'e;a)~!~
'~i)l ~ ;,~ . '... ,,-); I 1
>:l......~......:( '.C.. .E.. . t\.L J,;"J'~ .,
\. ~\,i:)... .: ':::
~>! 'i', .of" 'j?",,',....:" .....~~!
~ , <:,.. :'" , .j1~;..~'........
'":.'" ",~,...IIII11." '~~,: ...'
,,".;,"'''':IOF ,,~ ..;,,,.,
\.~., '~.H.""" .'-:
i
-;.
~ .
rrl,~ 152 ri\S[2JJl
EXHIBIT" B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTION OF WEST MAIN STREET
AND WEST BABCOCK STREET
J, the undersigned owner of real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
A tract ofland containing 4.08 acres being the West 132 feet of the East one-half of
the East one-half of the Northwest one-quarter of the Southwest one~quarter of
Section II, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana.
IN CONSIDERATION, ofreceiving annexation approval from the City of Bozeman, along
with the accompanying rights and privileges and tor other valuable consideration, the receipt of which
is hereby acknowledged, and in recobwtion ofthe impact to the intersection of West Babcock Street
and West Main Street which will be caused by thc devcIopment of the above-described property, have
waived and do hereby for myself, my heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the creation of one or more special improvement
districts for signalization at the intersection of West Babcock Street and West Main Street or to make
any written protest against the size or area or creation of the district to be assessed in response to a
duly passed resolution of intention to create onc 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 at my death,
provided howcver this waiver shall apply only to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto.
Haggerty Annexation Agreement - Exhibit "B"
Waiver of Right-to-Protest Creation of S.I.D.
Signalization at West Babcock Street and West Main Street
Page Two of Two
filM 152 P,\C[2.112
D A TED this /21!: day of &C6f7les<-_,
ANSON H. CRUT., President
Crutcher & Jacobson, Inc.
A Montana Corporation, Limited Partners
For Babcock Place Limited Partners,
A Montana Limited Partnership
ST ATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this.._l~ day of 0 'J,"',;!,c., 1994, before me, a Notary Pubie for the State of Montana,
personally appeared Anson H. Crutcher, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offieial seal the day
and year first above written.
/"------
L/
Notary Publie for the State of
Montana.
Residing: /., u,z ,,_c",, .N' _:~-,_.u_.,u____
Commission Expires: 1-" "1 7
,.
~ '" iI:"
303489
State of Mont., County of GalloWn. ss FHed for ll6Cord APRIL 5 , 19......22..
8t 2: 37 P II., and recorded it! Boole _J:2,L Of,r11-ISCELLAMEQUS page .1323
Shelley 't~pe, Recorder. By .:/;::{}dPa;'~/ ~-,k:d/A Deputy
,
RT: CITY OF BOZEMAN
FEE: $ 6 0 . 00