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HomeMy WebLinkAbout94- Holen Annexation Agreement · filM (149 PACf2764 HOLEN ADDITION ANNEXA TION AGREEMENT THIS AGREEMENT, is made and entered into this l~-+'Jay of No". 1994, 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 to as "City", and PC DEVELOPMENT, INC. of 1757 Highland Blvd_, Bozeman, MT 59715, hereinafter referred to as "Landowners", WHEREAS, the Landowners own in fee simple certain real property situated in the SE 1/4 of Section 10, Township 2 South, Range 5 East, P,M,M" Gallatin County, Montana, and more particularly described as follows: Tract A; that tract ofland shown as the Ferguson and Bacon Tract on Certificate of Survey No, J-92-A, commonly known as 3416 West Babcock Street. Said tract being 1,51 acres along with and subject to any existing easements_ WHEREAS, the Landowners have requested annexation of the contiguous tract; and WHEREAS, the Landowners recognize that the annexation of the above-described property, hereinatter reterred to as the "Holen Addition Annexation Tract" will entitle the Landowners to City services, including municipal water and sewer service; and WHEREAS, the City's present water supply is insutlicient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the landowners wish 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 is 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 Holen Addition Annexation Tract will impact West Babcock Street, the future Fowler Avenue, and the intersection of West Babcock Street and the future Fowler Avenue; and WHEREAS, the L,andowners find 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 service available to furnish sewer collection service, and provide traffic circulation within the Holen Addition Annexation Tract for development of Valley Creek filM 149 PACr2765 HOI,EN ADDITION ANNEXArION AGREEMENT PAGE 2 of6 Subdivision; and WHEREAS, the making and performance of this agreement is desirable to promote the development of the most adequate water supply, sewer collection and traHic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the Landowners understand and agree that no development shall be approved for any of the Holen Addition Annexation Tract until water, sewer and street improvements are made resulting in adequate city transportation and services, which adequacy shall be determined by the Director of Public Service or his designee, to safely accommodate use of and travel to, from and within the parcel proposed for development, and provide adequate water and sanitation facilities; and WHEREAS, the secunng of an adequate water supply, sewer collection, and tratlic circulation system by the City is necessary and of mutual advantage to the parties hereto. WITNESSETH: 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 Holen Addition Annexation Tract in accordance with its decision on May] 6, 1994. 3. Services Provided by City. Pursuant to Section 7-2-4409, M.C.A. and Commission Resolution No. 2968, the City \vill, after annexation, make City services, including water and sewer, available to the Holen Addition Annexation Tract. 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 does not contemplate the extension of lines or construction of necessary fiLM 149PACf2766 HOI,EN ADDITION ANNEXATION AGREEMENT I'A(;E.1 or6 improvements for delivery of water to and within the Holen Addition Annexation Tract or 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 of lines or construction of necessary improvements for collection of sewage at and within the Holen Addition Annexation Tract or any hook-up, connection, 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 fee in lieu thereof, equal to the average annual diversion requirement necessary to provide the anticipated average annual consumption of water by 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 often (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 tirst. Section 2, No.5, Commission Resolution 2716 adopted October 3, 1988. The Holen Addition Annexation Tract consists of approximately 1.5 I acres. The Landowners understand and agree that they must provide sufficient water rights in accordance with the City's policy prior to final plat approval, final site plan approval or the issuance of any building permit for any portion of the Holen Addition Annexation Tract, whichever first occurs The Landowners 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 has calculated the average annual diversion requirement necessary to provide water on the basis of the zoning designation tor the property, 0.57 acre feet per year has been calculated as the amount of water use based on the nt~ 149r~rr2767 IIOJ ,EN ADDITION ANNEXATION AGREEMENT PAUE 4 or!, R-3, Residential Medium-Density, District zoning designation of the property, The cash-in- lieu of this amount equals $206,37, This amount shall be paid by the Landowners upon signing this Agreement. 7_ Waivers of Right to Protest Special Improvement Districts for Improvements to West Babcock Street. The Landowners have executed a Waiver of Right to Protest Creation of Special Improvement Districts which include the Holen Addition Annexation Tract for the improvements to West Babcock Street. This Waiver is attached hereto as Exhibit A 8_ Waiver of Right to Protest Special Improvement Districts for Improvements to future Fowler A venue_ The Landowners have executed a Waiver of Right to Protest the Creation of Special Improvement Districts which include the Holen Addition Annexation Tract for improvements to future Fowler Avenue This Waiver is attached hereto as Exhibit A 9, Dedication of Roadway Easements or Rights-of-Way. The Landowners have agreed to dedicate a fifty (50) foot wide right-of-way along the eastern boundary of the area annexed for rights-of-way improvements to Fowler Avenue, and to dedicate a forty-five (45) foot wide to centerline right-of-way along the northern boundary of the area annexed for rights-of-way improvements to West Babcock Street. The Landowners shall be responsible for all dedication costs including survey and platting costs. The dedications shall either be granted when the Annexation Agreement is formally accepted, or shown on the Final Subdivision Plat, whichever first occurs. 10_ Additional Terms for Road Easements and Waivers, All parties recognize that these documents 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 City shall file these documents once the Annexation is officially accepted. 11_ Utility Easements. The Landowners understand and agree that utility easements, thirty (30) feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowners shall create such easements in locations fRH 149 r~[f2768 HOLEN ADDITION ANNL,ATION NJREEMENT PAGE 5 of"6 agreeable to the City during subdivision, conditional use, planned unit development, or site plan review procedures, but in no event later than the filing of any final plat or site plan, or issuance of a building permit. 12 Deed Restriction. The Landowners have agreed to tile a deed restriction which prohibits townhouses on the area annexed unless the proper number of sewer and water service stubs have been extended to the area annexed prior to road improvements on West Babcock Street and the future Fowler Avenue. This restriction shall be executed when the Annexation Agreement is formally accepted, or shown on the Final Subdivision Plat, whichever first occurs. 13. Governing Law. This Agreement shall be construed according to the laws of the State of Montana. 14, 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. 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 Landowners shall not assign this Agreement in whole or in part without prior written consent of the City. 17 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. 18. 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. Ill)j ,EN ADDITION ANNEXATION AGREEMENT PAGE (; 01(, filM 149 ?ACf2769 . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF BOZEMAN ", " ":-:... . \ \ ,', \ t ,--/ ), j \> BY~:b'" ." ( ,',1 1\ ")" ,') Its (~ity ~~~~~;~'~"=7i'___~~~~..L.\jl\'\';\' Attest: ;' ';Jr', :~~~~~'~>" -,' ~""",-., " ./ ' , ' ~,I, </ 0 ' . ~. 0 J;:!-J_y-L --_- . -~~- Clerk of the City Com1lliss~n . ~ ........+1" .., ... ;t!' .... ."". ."\. LANDOWNERS ~- PC Development, Ine. ST A TE OF~'m 9'l\lwnC- County of__G~.(X.U~L-) ) : ss On this .J_~_ day of __::D. ~Jl::~'~~-" .,.' 1994 before me, a Notary Public for the State of Montana, personally appeared '::ffi_L~__..__PQ..tt:Q(\..~, known to me to be one of the parties of the firm of PC Development, Inc. and known to me to be the person who executed the foregoing instnnnent in the corporation name, and acknowledged to me that he executed the same as the act and deed of the corporation IN WITNESS WHEREOF, I have hereunto set my hand and atfIxed by Notarial Seal the day and year first above written. j~.ifMtU '~:bJ5Y'- Notary Public [oleate of ~'1 __ ___(;t,~t}Ct- Residing at ,.,"::J2l~Tjz~7""2'Yl,- II, __ Commission ExpireV 0; J_c 1__J{_..______ \ -,- . I .... V:..I~ICf \""., "'/Ii~<:: .__:~.:,\o1 ";'?4( "~l": ~ : ...., ~ ~ ~ : S -- \ : r') '. "- . .A.... ,\..,- -:"';.... ~- RT: CITY OF BOZEMAN FEE: $36.00 _, 19....2L wJl!t[i~ 2.7..6{J;_ -. . . tl\l1puty State of Mont., County of GaUatln. ss FUGa for meo. at 1: 76 p. M., and r~rdad In Eoo\_B.2..__ () SheRer I. Qeney RaconJer. By .~ ' that I have a lawful right to convey the property or any part of it. I warrant that I am lawfully seized and possessed of the real property described above and shall not expire. This waiver shall be a covenant running with the land and described property. intention to create one or more special improvement districts which would include the above- the extent or creation of the districts to be assessed in response to a duly passed resolution of I further waive my right to make any written protest against the proposed work or against and 2) improvements to the future Fowler Avenue. more special improvement districts for improvements for: 1) improvements to West Babcock Street; heirs, personal representatives, successors and assigns, the right to protest the creation of one or the development of the above-described property, have waived and do hereby waive for myself, my the receipt of which is hereby acknowledged, in recognition of the traffic that will be generated by Bozeman, along with accompanying rights and privileges and for other and valuable consideration, IN CONSIDERA nON of receiving Annexation of the subject property to the City of Tract A that tract ofland shown as the Ferguson and Bacon Tract on Certificate of Survey No, J-92-A, commonly known as 3416 West Babcock Street. Said tract being 1.51 acres along with and subject to any existing easements. Montana, and more particularly described as follows: I, the undersigned owner of the real property situated in the County of Gallatin, State of WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WHICH WOULD INCLUDE PROPERTY AT 3416 WEST BABCOCK STREET , FILM 149 PACf2770 RT: CITY OF BOZEMAN FEE: $12,00 State of Mont., County of Gallatin. ss FUed for record at ~_27 p~M., and rscorded in Book 149 of Shelley M. Cbeney Racorder. By 297370 ~,,-._'\ .' ,':;'..~.~, i',',{ .I"'~ ,,2.; r.'" ,.. ~ . ' IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. On thisl4- day of -n (ilJf~ 1994, before me, a Notary Public for the State of Montana, personally appeared ~ '\ ICe ~ " known to me to be one of the parties of the firm of PC Development, Inc. and known to me to be the person who executed the foregoing instrument in the corporation name, and acknowledged to me that he executed the same as the act and deed of the corporation County of Gallatin) :ss STATE OF MONTANA) ~- PC DEVELOPMENT, JNC. ,19~ DATED this ~ay of _~f 1I01,EN ADDITION W,\IVER OF RIGHT TO PROTEST PAGE 2of2 fllM 149 PACf2771 , .