HomeMy WebLinkAbout01- Maus Annexation Agreement
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Ii Shelley Vanoe-Gallatln Co MT MISC 60.00
MADS
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this a day of r.d.. ,
20" (, 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 referred to as "City", and Richard Maus, 200 East Williams Road,
Gallatin Gateway, Montana 59730 hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the "MADS ANNEXATION", situated in Gallatin County, Montana, and more
particularly described as follows:
Lot 21, Gordon Mandeville State School Section Subdivision and located in the
SE 1/4 of Section 36, TIS, R5E, P.M.M., Gallatin County, Montana
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous traet;
and
WHEREAS, the MADS 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 of this Agreement and M.C.A. Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the MAUS ANNEXATION
pursuant to Section 7-2~430l, et scq., 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
WHEREAS, [he Lanuowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the MAUS ANNEXATION; and
WHEREAS, all parties recognize that the development of the MAUS ANNEXATION will
impact Griffin Drive and Meadow Lane, and will require additional public street improvements
for traffic circulation; and
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WHEREAS, the Landowner finds 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 MADS 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:
t. Recitals.
The above recitals are true and correct.
2. Annexation.
The Landowner filed an application for annexation of the MAUS ANNEXATION with the
City. The City, on December 6, 2000, adopted a Resolution of Intent to Annex the MADS
ANNEXA TION . By execution of this Agreement, the City has manifested its intention to annex
the MADS 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 of Annexation of the MADS 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 MADS ANNEXATION tract to the City.
3. Services Provided.
The City will, upon annexation, make available only existing City services to the extent
currently available, including municipal water service, municipal sewer service, police protection,
and fire protection, to the MAUS ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined.
The term "municipal water service" as is used in this Agreement shall be the service which
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Shelley Vanoe-Gallatin Co MT MISe 60.00
is supplied by the City in accordanee with Chapter 13.12, Bozeman Municipal Code, or as may be
amended, as well as any other tenns 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 eost to the City for delivery of water to and within the MAUS
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construetion, and other costs for the delivery of water to or within the
MAUS ANNEXATION to includc, but not limited to, any impact fees, hook-up, eonncction, or
development charges which may be established by the City.
5. Municipal Sewer Service Defined.
The tenn "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, or as may be
amended, as well as any other tenns and conditions which apply to the City's provision of this
service. The teml 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 MADS
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, eonstruction, and other eosts for the collection of sewage services to or
within the MADS ANNEXATION to include, but not limited to, any impact fees, hookup,
connection, or development charges which may be established by the City.
6. Water Ri~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 devcloped. The fee may be used to acquire water rights or for
improvements to the water system which would create additional water supply
eapacity. Except, however, that for any annexation in excess often (10) acres, this
policy shall be carried out prior to iinal plat approval of each development phasc.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The MADS ANNEXATION consists of approximately 1.61 acres.
The Landowner understands and agrees that they must provide suffieient water rights in
accordance with the City's policy according to the following schedule:
MA US ANNEXA TION, consisting of a total of 1.61 acres, upon
acceptance of the annexation agreement by the City of Bozeman.
The Landowner shall provide sufficient cash-jn~lieu as calculated by the City in accordance
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with its policy at the time of calculation. The Landowner further understands that the City will
calculate the average annual diversion requirement necessary 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 pay $1,746.33 eash-in-lieu of water rights upon acceptance ofthe
anncxation agreement by the City of Bozeman.
7. Impact Fees
The Landowncrs hereby acknowledge that annexation and development ofthcir property
will impact the City's existing street, water and scwcr infrastructure, and firc scrvice requirements.
There are no existing structures on the property. At the time new structures apply to the City's
Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees which are
"'- due. The Landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees
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In-a required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for
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e .g: any permit listed in Seetion 3.24.050A, 3.24.060A, 3.24,070A, or 3.24.080A, respectively. Tfthe
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a impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Munieipal Codc arc
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subsequcntly voided or declared invalid by a court of competent jurisdiction, Landowners agree to
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-S with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such
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. court decision after the date of the court decision. If, prior to enactment of such revised Chapter,
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. the Landowner applies for any pernlit which actuates or would have actuated impact fees pursuant
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.. to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner fmiher agrees to pay
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at that time, the amount calculated for all such fees based upon the rates established at the date of
this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
landowner would have been entitled to a refund under the court's decision but were it not for the
sole fact of the landowner paying impact fees beeause of this agreement, then all such impact fees
paid prior to the court's decision shall be held in escrow until a revised Chapter of the Codc is
enacted after the Court's decision.
At the time the revised code is enacted, then all such fees held in escrow shall be released
to the city and the balance, if any, returned to thc landowner. All accumulated interest on the sum
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held in escrow shall be released to the City or landowner on the same percentage as the money
released to either party bears to the total sum held in escrow.
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection of MAUS ANNEXATION to municipal services which are
wholly attributable to the property are "project related improvements" as defined in Chapter 3.24,
Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits.
If Landowners default on this condition at the time sueh is to be performed, and should
default not be remedied or corrected within thirty (30) days after written notice by City to
Landowners of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable
and City shall have the right and privilege to take legal action against
Landowners for the collection of such sum, including the entry of any
judgment. In addition, the City may, at its option, enforce payment of such
amount by levying an assessment on the premises.
B) Elect any other remedy available to City under the laws of the State of
Montana.
C) Any waiver by City of any default shall not be construed as a waiver of any
subsequent default.
D) It is agreed that it shall be no defense to the enforcement of this provision
by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman
Municipal Code are subsequently voided or declared invalid by a court of
competent jurisdiction. It is the express intention of the parties not to be
bound by such a declaration or judgment and, therefore, notwithstanding
any judgment either limiting impact fee payments under annexation
agreements to specified amounts, or prohibiting any such payment,
landowner will pay sueh amount as specified above.
8. Storm water Master Plan.
Landowner understands and agrees that a Stormwater Master Plan for the MAUS
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from the public streets must be 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
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basin location and locate and provide casements tor adequate drainage ways within the area to
transport runoff to the stormwater receiving channel(s). The plan shall inelude site grading and
elevation information, typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations, and stormwater maintenance plan.
9. Traffic Analvsis Report
Landowner shall provide a detailed Traffic Analysis Report(s) at the time of future
development of any portion of the annexed property.
10. Waiver of Right-to~Protest Special Improvement Districts
Landowner has exeeuted a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements, ineluding paving, curb/gutter, sidewalk, boulevard and storm
drainage appurtenances to: West Griffin Drive; andfor signalization improvements at the
intersections of West Griffin Drive and Rouse A venue; and have further executed a Waiver (~f
Right-to-Protest Creation of Special Parks Maintenance Districts. Said Waivers arc attached
hereto as Exhibits A and B.
11. Utilitv Easements.
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
parcel. The Landowner shall create such easements in locations agreeable to the City during the
appropriate development 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.
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 MAUS ANNEXATION, The
parties further agree that the City may file these documents at any time.
13, Governing 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. AUornev'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
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Shelley Vance-Gallatin Cc MT MISC 60.00
to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel
including City Attorney.
15. Waiver.
No waivcr by either party of any breach of any term, eovenant or agrcement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or
agreement. No covenant, term or agreement shall be deemed waived by cither party unless waived
in writing.
16. Invalid Provision.
The invalidity or unenforceability of any provision of this Agreement shall not affcct the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision wcre omitted.
17. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
18. No Assignment.
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part
without prior written conscnt of the City.
19. Successors.
This Agrcement shall be binding upon, inure to the benefit of and be enforceable by the
parties hercto and their respective heirs, succcssors and assigns.
20. 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 cxpire at their deaths or upon transfer of ownership of the property,
The undersigned Landowners affirms that they have authority to enter into this Agreement on
behalf of their partnership, and to bind the partnership to this Agreemcnt.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
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I MAUS ANNEXATION AGREEMENT 7 I
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STATE OF MONTANA ) 1111111111111111 1111112044561
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County of Gallatin ) Shelley Vanoe-Gallatin Co ~T ~ISC 60.00
On this I~ day of~:t ,2001, before me, a Notary Public for the State
of Montana, personally appeared Richard Maus, 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.
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.Ir:;~ By: Clark Johnson, City Manager
Clerk of the City Commission
STATE OF MONTANA)
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County of Gallatin )
On the ~ day of ,....--j.......l i ' 2001, before me, a Notary Public for the State of
Montana, personally appeared CLiXRK JOHNSON AND ROBIN L. SULLlV AN, known to me to
be the City Manager and Clcrk of the City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me that thcy executed the same
for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year
first written above.
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Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expircs: ~w.e.~ Iu,( ZOOI
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I'MADS ANNEXATION AGREEMENT 8 I
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EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
MAUS ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 21, Gordon Mandeville State School Section Subdivision and located in the SE 1/4
of Section 36, TIS, RSE, P.M.M., Gallatin County, Montana
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to
West Gr~fJin Drive, and the interseetions of West Griffin Drive and Rouse A venue which will be
caused by the development of the above-described property, the owner has waived and do hereby
waive for itself, its successors and assigns, the right to protest the creation of one or more special
D- improvement districts for paving, curb, gutter, sidewalk, and drainage improvements to: West
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lOa":': Griffin Drive; and for signalization improvements to the intersections of West Gr~tfin Drive and
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~og Rouse A venue or to make any written protest against the size or area or creation of the district be
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Q.m assessed in response to a duly passed resolution of intention to create one or more special
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a improvement districts whieh would include the above-described property.
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This waiver shall be a covenant running with the land and shall not expire with the dissolution
u of the limited partnership, provided however this waiver shall apply to the lands herein described.
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.. DATED this I:J- day of , 2001.
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. LANDOWNER
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STATE OF MONTANA )
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County of Gallatin )
On this ~day o~~ ,2001, before me, a Notary Public for the State
of Montana, personally appeared Rich rd Maus, 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.
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EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
MADS ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 21, Gordon Mandeville State School Section Subdivision and located in the SE
114 of Section 36, TiS, RSE, P.M.M., Gallatin County, Montana
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on
the City's park facilities and the need for the maintenance of municipal park areas to serve City
D.- residents, the owners have waived and do hereby waive for themselves, their successors and
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-~ assigns, the right to protest the creation of one or more special parks maintenance or improvement
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OS> intention to create one or more special parks maintenance or improvement districts.
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In the event City-wide Parks Maintenance or Special Improvement Districts arc not utilized
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0 This waiver shall be a covenant running with the land and shall not expire with the dissolution
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II) The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
DATED this -/.-l- day of ;:;- J. , 2001.
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LANDOWNER
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Richard Maus
STATE OF MONTANA )
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County of Gallatin )
On this /~ day a~k= ' 2001, before me, a Notary Public for the State
of Montana, personally appeared Ric ard Maus, 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, f ~ f.:;,. ';(~"'~'::'o
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Notary Public for the State of Montana
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I MADS ANNEXATION AGREEMENT 10 I