HomeMy WebLinkAbout93- K.B.M.N./Thompson Properties Annexation
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K. B. M. N .ITHOMP~.O~L r"' ""..,'-\ -:::: 1\ ~ ~ r- ,-. ',:~:~\;,,;:' I: _./ '~~'.;,:: ,.,. '"
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THIS AGREEMENT made and entered into ~'.rl is ! .- ., ~ c; ~ >' of
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September , 1993, by CUlcJ be :'.,: iCe, the. J .-,f .i"1 a
municipal corporation and political subdivision of trle State of I
Montana with offices at 411 Cast Ha i " Stree L, ~',)Zl2;" ,-, I ....[: 1'. "'i.1
59771-0640, hereinafter refc,-.,.-ed to CIS "City" ",'ld '''; i 11 . ',rn ,', I ;) ~. ;1,
Thompson Properties, P.o. Box 1 /8, ;':cAllister, MT, 59740 .
hereinafter referred to as "L"ndOlli ,.[,
WHEREAS, Will i am Thon,;J'.Orl i c. I":', '~~' :") t~ I 1n 1-",(, ,J f' ce r 't.;:,1 ~ ,'j ,-,' 'c 1
property, hereinafter referriCd to {.': .:..~ th", r( . El . :~ _ : I, p('~ t. '.. I , ~. U ,'. :.2 (j
in Gallatin County, Montlln", and nIO(' e I..) d r tic u 1 a r 1 y cJ ~:~ ~JC r- i ~)~,.~ c1 as
follows:
Lot 1 , Gordan Mandeville State School Section Subdivision,
located in the Southeast Ono-Qu0rter of f.. :::; t. i un ''" , ; .,.,ns.; p
One South, Range Five East, M. P.M., Gallatin County. Montana.
WHEREAS, all parties r~?r,I)'Jrli::0. thnt th,.' :1nnn>~,::"'" ; _ r ~_ ~~ e
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K.B.M.N. Parcel pursuant to Section 7-2-4301, etseq" H.c. A. , will ~,';
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entitle the said parcel to City services. including rnunicipnl water i;:,
and sewer service; and
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WHEREAS, the City's present watpr supply is insufficient to E
enable it to supply reasonably adequate water service to additional t
customers outside the present city boundaries; and
WHEREAS, all parties recognize that the development of the
K.B.M.N. Parcel will impact Mandeville Lane, North Seventh Avenua
and Flora Lane and will require additional public streets for
traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City v",-tain
water rights or take some equivalent action to provide w,;ter and
sewer service to the K.B.M.N. Parce 1 ; and
WHEREAS, the Landownar finds that this agreement wi 11 provide
for the most satisfactory and dependable water supply or service
available to furnish water and provide traffic circulation for
development w1th1n the K.8.M.N. Parca 1 ; and
1
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... WHEREAS, the making and performance of this agreement is
desirable to promote the dove1opment of the most adec;'..<ate water
supply and traffic circulation pattern for t.he Cit.y 2.S 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 acJvanta~~.~ to t.he
parties hereto.
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IN CONSIDERATION of the mut.ual covenants and agreements herein
contained, the parties hereto a9r~a as follows:
1 . Recitals.
The above recitals are t.rue and correct.
2. Annexation.
The City Commission wi 11 annex the K. B. H. ~I. P,:':rCG 1 in
accordance with its decision on May 24, 1993.
3. Services Provided by _<;::~
Pursuant to Section 7-2-4305(2), M.C.A. , and Commission
Resolution No. 2914, t.he City wi 11, after annexation, make City
services, including water and sewe r. avai lable to the ~(. B. H. N.
Parcel.
4. Municioa1 Water ~erv i ClLJ;lef i n~_Q."
The term "municipal water service h 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 improvements at any cost to the
City for delivery of water to and within the thrE,'e p":'1.rc~~ls of any
hOOk-up, connection, or development charges which m"y be
established by the City.
5. Municioal Sewer Service Defined.
The term "municipal sewer service" as is Llsed 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
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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 K.B.M.N. Parcel or
any hookup, connection, or development charges which may be I
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established by the City. I
6. Water Riqhts,
The parties acknowledge the f 01 low i n 9 C i t Y pO 1 i c/: t
Prior to annexation of property, it shall be the policy of the
I City of Bozeman to acquire usable water rights, or I.Hl j
appropriate fee in 1 i eu 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 of ten (10) acres,
this policy shall be carried out prior to final plat approval
of each development phase.
Section 2, No. 4,
Commission Resolution 2532.
The K.B.M,N. Parcel consists of approximately 4.078 acres
being: I
Lot 1 , Gordan Mandeville State School Section Subdivision, !
located in the Southeast One-Quarter of Section 36, Township i
One South, Range Five East, M.P.M.. Gallatin County. Montana.
The Landowner understands and agrees that he must provide I
sufficient water rights in accordance with the City's policy f
according to the following SChedule:
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A. K.B.M.N. parce 1 , consisting of a total of 4.078 acres, I
prior to annexation; I
The Landowners shall supply such water rights or fee in 1 ieu
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 RiQht-to-Protest Soee ia 1 Imorovement~1_~Q[
Rural Imorovementa District to Flora Lane,
Landowner has executed a Waiver of Right-to-Protest Creation
of Special Improvements District or Rural Improvements District for
improvements to Flora Lane. This waiver is attached hereto as
Exhibit A.
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fltH 152 PACf2282
8. Waiver of RiQht-to-Protest Soecial Imorovements District for
SiQnal1zation at the Intersection of North Seventh Aven.I,!.~
Mandeville Lane.
Landowner has executed a Waiver of Right-to-Protest Creation
of Special Improvements District for signalization improvements at
the intersection of North Seventh Avenue Mandeville. This waiver
is attached hereto as Exhibit B.
9. Waiver of RiQht-to-Protest Soecial Imorovements Dtstr i ct_9J:
Rural Imorovements District to Mandeville La~
Landowner has executed a Waiver of Right-to-Protest Creation
of Special Improvements District or Rural Improvements District for
improvements to Mandeville Lane. This waiver is attached hereto as
Exhibit c.
If the paving improvements to Mandeville Lane are made by the
landowner at landowner's expense (not otherwise reimbursed)
pursuant to conditions of Conditional Use Permit in Zoning
Application '2-9326, the landowner shall be given credit for half
of the cost of said improvements in any Special Improvements
District for additional Mandeville Lane improvements if said
Special Improvements District is created within five (5) years of
this agreement.
1 D. Additional Terms for 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 K.B.M.N. Parcel by the Landowner, and
the parties agree that the City may file these documents at any
time.
11. Utility Easements.
The Landowner understands and agrees that utility easements,
a minimum of 30 feet in width, will be necessary for the
! installation and maintenance of water and sewer utility services to
the annexed parcela. The landowners shall create such easements in
location. agreeable to the City during the subdivision procedure or
planned unit development procedure but in no event later than the
filing of any final plat or site plan or issuance of a bu i 1 d i n9
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permit on any of the parcels.
12. GoverninQ Law.
This agreement shall be construed according to the laws of the
State of Montana.
13. 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.
14. ~odifications or Alterations.
No modification or amendment of this agreement ahall be valid
unless evidenced by a writing signed by the parties hereto.
15. No AssiQnment.
It is expressly agreed that the Landowners shall not assign
this agreement in whole or in part without prior written consent of
the City.
llL 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 RutL.rlith the Land '_
The parties intend that the terms of this agreement shall be
covenants running with the land and sha 11 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.
CITY OF BOZEMAN
.y~~,J;'(k~~
JIM W SOCKI
Its City Manager
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filM 152i'ACf2284
LANDOWNER
Uff3rkt-
WILLIAM THOMPSON
THOMPSON PROPERTIES
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ~ day of ~ e-ti-^.-.A.ll8L.L...-. 1993. before
me, a Notary Public for the State of Montana, personally appeared
William Thompson 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.
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";!~tf,;li~11'(N~Alm :~::::":. P~EST... ';;~'~&:c::;~~,"i:;'
:_<~'-' - --,),~'];:~tREATION OF SPECIAL IMPROVEMENTS DISTRICTS . ,
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_'~:i"~~;;_ OR RURAL IMPROVEMENTS DISTRICT
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FOR PAVEMENT. CURB. GUTTER. SIDEWALK. AND DRAINAGE
,1/' TO FLORA LANE
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I, .the underaigned owner of real property ai tuated in the
Gallatin, State of Montana, and lIore particularly
'deacribed,~~,followa:
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Lot 1 , Gordon Mandeville State School Section
Subdivision, located in the Southeast One-Quarter of
Section 36, Townahip One South, Range Five Eaat, M.P.M.,
Gallatin County, Montana.
IN CONSIDERATION, of receiving annexation approval from
...the City of Bozeman, along with the accompanying rights and
privile,u and for other valuable consideration, the receipt of
which ia hereby acknowledged, and in recognition of the impact to
. ,Flora Lane which will be caused by the development of the above-
,described property, have waived and do hereby for myaelf, my heira,
eXecutora, adminiatratora, personal repreaentativea, aUcceasora and
asaigns, waive the right to protest the creation of one or more
special improvement diatricts for curb, gutter, aidewalk, pavement,
and drainage to Flora Lane to one-half local street standards or to
make any written protest againat the aize or area or creation of
the.diatrict;to be aaaeased in responae to a duly paaaed reaolution
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of', intenti~~::to create one or more apecial improvement diatricts
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which would; hiclude the above-described property.
'..:':'\:\'.I)?~.": . a covenant running with the land and
i ahaH not. expire at .y death, provided however this waiver ahall
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.~p.rT,,~~lTtothe land. herein described.
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'. 'it;" The ter.a, covenanta and provisiona of the Waiver ahall
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'eXtend,\to, and be bindinll upon the heira, , executors,
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'adliiniatratora, peraonal repreaentati vea, succeaaors and asaigna of
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DATED thh '3 da,. 0 f .}-. ~ r-L lill\ . 1993.
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Willia. Tho.p~on
Tho.paon Propertiea I
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STATE OF MONTANA ) ,
,
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COUNTY OF GALLATIN )
Pubic On thia ~ day of _~~ ,1993, before .e, a Notary
for the State of Montana, personally appeared William
Thompson, known to .e to be the peraon whoae name 1a aubscribed to
the within in~trument 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.
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ntH 152fACf2287
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EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENTS DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTION OF
NORTH SEVENTH AVENUE AND MANDEVILLE LANE
I, the undersigned owner of real property situated in the
County of Gallatin, State of Montana, and more particularly
described as follows:
Lot I. Gordon Mandeville State School Section
Subdivision, located in the Southeast One-Quarter of
Section 36, Township One South, Range Five East, M.P.M. .
Gallatin County, Montana
IN CONSIDERATION, of receiving annexation approval from
the City of Bo,.;elllan, along with the accompanying rights and
privileges and for other valuable consideration, the receipt of
which i. hereby acknowledged, and in recognition of the impact to
the intersection of North Seventh Avenue and Mandeville Lane which
will be caused by the development of the above-described property,
have waived and do hereby for myself. my heirs. executors.
administrator.. 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
North Seventh Avenue and Mandeville Lane or to make any written
protest against the si,.;e or area 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 bindin. upon the heirs. executors. i
!
administrator., personal representatives. successors and assigns of
the partie. hereto.
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filM 1527ACf2288
DATED this ~ day Of~~~ b..c ^ , 1993.
VB~
illialll Tholllpson
Tholllpson Properties
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
Pubic On this ~ day of 0:;:0 f:~ ,1993, before llIe, a Notary
for the State of Montan, personally appeared Willialll
Thompson, known to llIe to be the person whose nallle ia subscribed to
the within instrullIent and acknowledged to llIe that he executed the
SRme.
IN WITNESS WHEREOF, I have hereunto set lilY hand and
affixed my official seal the day and year first above written.
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filM 152 PACE2289
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EXHIBIT "C"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IHPROVEHENTS DISTRICTS
OR RURAL IMPROVEMENTS DISTRICT
FOR PAVEMENT, CURB. GUTTER. SIDEWALK. AND DRAINAGE
~NDEVILLE LANE
I, the undersigned owner of real property situated in the
County of Gallatin, State of Montana, and more particularly
described as follows:
Lot I, Gordon Mandeville State School Section
Subdivision, located in the Southeast One-Quarter of
Section 36, Township One South, Range Five East, M.P.M. ,
Gallatin County, Montana.
IN CONSIDERATION, of receiving annexation approval from
,
the City of Bozeman and Final Site Plan approval of a Conditional
Use Permit application to modify an existing building for retail I
use in the City of Bozeman, along with the accompanying rights and
privileges and for other valuable consideration, the receipt of
i
which is hereby acknowledged, and in recognition of the impact to f
i
Mandeville Lane which will be caused by the development of the I
I
above-described property, have waived and do hereby for myself, my I
heirs, executors, administrators, personal representatives, f
auccessors and assigns, waive the right to protest the creation of I
one or .ore special improvement districts for curb, gutter,
sidewalk, pavement, and drainage to Mandeville Lane to one-half
local .treet standards or to make any written protest against the
aize or area 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
ahall not expire at my death, provided however thia waiver ahall
apply only to the lands herein described.
The ter.a, covenants and provisions of the Waiver ahall
extend to, and be binding upon the heir., executor.,
1
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administrators, personal representatives, successors and assigns ot i
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the parties hereto. i
DATED this J~ day ot ~ ~ lJ..D...... , 1993. ;
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~'111a. Thoopaon
Thompson Properties
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
Pubic On this -L3... day of ~ ,1993, betore me, a Notary
for the State of Montana, personally appeared William I
Thompson, known to ~e to be the person whose name i. 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 tor the State of
Hontana.~
Residing. \1... ~ ~(I..-..-..
Commisdon Expire.: -N I-c..~
. ~.it ~..1..1 I
(t_.~~"~ ~"I., t
( Notal';"l"
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303483
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'--~~'\~W'*"""'it, ". .
.1i.....ofMoat.,Coantr of Ganlltrn.1S FUR for _ani APRIL 5 .19 95
:~!!I,'" i:i'-"'.!'a; IIId I1CGlded In Ioot..ill.. of MISCELy"S ~1lO -ill;
"'::,,' .'. .'. - II. - I Recorder. By 6,M~I'1, .Ad/A lJopuly
RTI CITY OF BOZEMAN
. FEEl $72.00
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