HomeMy WebLinkAbout04- Montana Department of Transportation Annexation
ANNEXATION AGREEMENT
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Shelley Vanoe-Gallatin Co MT MISC 42.00
MONTANA DEPARTMENT OF TRANSPORTATION
THIS AGREEMENT is made and cntcrcd into this jCl"::- day of 1)(c.'........lpef , 200i, by
and between the CITY OF BOZEMAN, a municipal corporation and pol itical subdivision of the State of
Montana, with offices at 411 East Main Strcct, Bozeman, Montana 59771-1230, hereinafter referred to as
"City", and the Montana Department of Transportation, PO Box 201001, Helena, MT 597620-1001
hereinaftcr rcferred to as "Landowner".
WITNESSETH:
WHEREAS, the Landowncr is owner in fee or holder of a beneficial interest in certain real
property, hereinafter rcferred to as the "MDT ANNEXA nON", situatcd in Gallatin County, Montana,
and morc particularly described as follows:
Being rights-of-way or beneficial interests in land located in:
Township 1 South. Ranee 5 East
Southwest 14 Section 25
SouthY2 and South Y2 of the NE 14 Section 26
South Y2 Section 34
All of Section 35
All of Section 36
Township 2 South, Ran2t 5 East
All ofScctions 1,2,3,4,10,11,12,13,14, and 15
East Y2 of the East Y2 Section 9
Northeast 14 of the Northeast Y4 Section 16
East Y2 Section 24
East Yz Section 25
Township 1 South, Ranee 6 East
South Y2 Section 30
All of Sections 31 and 32
Township 2 South, Ranee 6 East
South Y2 Section 5
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Shelley Vanoe-Gallatin Co MT MISC 42.00
All of Scctions 6, 7, 8, 17, 18, and 19
Southwcst 14 and Southwest 14 of the Southeast 14 Section 9
Northwest 14 and West 12 of the Northcast 14 Section 16
North 12 of the North 12 of Section 20
P.M.M., Gallatin County.
This request applies specifically to rights-of-way or beneficial intcrcsts for Intcrstatc 90, US 191,
US 10, Montana 86 and any or all other rights-of-way for interstate, US highway, and state
highways under thc jurisdiction or ownership of Landowncr within the sections or portions of
sections listed abovc.
WHEREAS, the Landowner has pctitioned the City for annexation of the contiguous tract; and
WHEREAS, the MDT ANNEXATION is not within the corporatc 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 44.
WHEREAS, all parties recognize that the annexation of the MDT ANNEXATION pursuant to
Section 7-2-4401, et seq., M.C.A., will entitle the said property to City scrviccs, including municipal
water and scwer service, upon their availability; and
WHEREAS, M.C.A. Section 7-2-4409 provides that a municipality and a landowner can agree to
the provision of scrviccs to the area to be anncxcd; and
WHEREAS, thc City and Landowner rccognize that continued utilization of the annexed area for
roads will have minimal impact on municipal services; and
WH EREAS, the City and Landowner wish to make agreement rcgarding provision of municipal
services to the MDT ANNEXATION in order to satisfy the requirements o[Section 7-2-4409, MCA; and
WHEREAS, the parties havc dctermined that it is in the bcst intcrcsts 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.
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Shelley Vanoe-Gallatin Co MT MISC 42.00
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The abovc recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the MDT ANNEXATION with the City.
The City, on Octobcr 18, 2004, adopted a Resolution of Intcnt to Annex thc MDT ANNEXATION. By
execution of this Agreement, the City has mani fested its intention to annex the MDT ANNEXATION
tract pursuant to the tenns and conditions of this Agreement. Subject to the provisions ol'Title 7, Chapter
2, Part 44, thc City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the
MDT ANNEXATION to thc City. Further, upon the execution of this Agrccmcnt, thc Landowncr shall
do all things necessary and proper to aid and assist the City in carrying out thc tcrms, conditions and
provisions ol'this Agreement and effectuate thc anncxation ofthc MDT ANNEXATION tract to the City.
3. Services Provided
This annexation agreement is intended to meet the requirements of Section 7-2-4409, MCA. The
City will, upon annexation, make available only existing City services to the extcnt currcntly available,
including municipal watcr scrvice, municipal sewer service, police protection, and firc protcction, to the
MDT ANNEXATION, as provided in this Agreement. All municipal services shall be provided according
to the adopted ordinances and policies of the City of Bozeman.
4. Water Ril!hts
Thc parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the City of Bozeman to acquirc
usable water rights, or an appropriate fee in lieu thereof, equal to the anticipatcd averagc
annual consumption of water by residents and/or users of thc propcrty when fully
developed. The fec may be used to acquire water rights or for improvemcnts to the water
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Shelley Va~oe-Gallatin Co MT MISC 42.00
systcm which would create additional water supply capacity. Exccpt, however, that for
any anncxation in excess often (10) acres, this policy shall bc carricd out prior to final plat
approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The MDT ANNEXATION consists of land area in excess of tcn (10) acres of rights-of-way
which do not typically receive service from municipal water. The City and Landowncr understand and
agree that cash-in-lieu of water rights shall therefore not be required with this annexation.
5. Future Development
Thc City and Landowner understand and agree that adequate municipal services and facilities are
not sufficient to support uses other than streets and other customary uses of rights~of-way within the area
The City and Landowncr understand and agree that so long as thc anncxcd property remains under
proposcd for annexation, and that there is no right, either granted or implied by thc City, for the
Landowner to develop any of thc MDT ANNEXATION for purposes other than public rights~of-way
until it is vcrificd by thc City that necessary municipal services and facilitics, including but not limited to
police and fire protection and road improvements, are available to all or a portion of thc MDT
ANNEXA TION. Futurc development which is within the regulatory scope of thc City shall be subject to
the adopted ordinances and policies ofthc City at the timc such development occurs.
6. Special Improvement Districts
the control of Landowner and is utilizcd for transportation purposcs it shall not be assessed for Special
lmprovcmcnt Districts.
7. Governine Law and Venue
This Agreement shall be construed under and governed by the laws of the state of Montana. In thc
event of litigation concerning this Agrccmcnt, venue is in the Eightccnth Judicial District Court, Gallatin
County, State of Montana.
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8.
Attornev's Fees
Shelley Va~oe-Gallatln Co MT MISC
42.00
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the ternlS or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorncy's fees and costs, to include the salary and costs of in-housc counscl including City
Attorney.
9. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
It is expressly agreed that thc Landowner shall not assign this Agreement in whole or in part
waiver of thc samc or any subsequent breach ofthis samc or any other term, covenant or agreement. No
covenant, tern1 or agreement shall be deemed waived by either party unless waived in writing.
10. Invalid Provision
Thc invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all rcspccts as if such invalid or uncnforccable
provision wcre omitted.
11. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
12. No Asshmment
without prior written consent ofthc City.
13. Successors
This Agreement shall be binding upon, inurc to the bcnefit of and be enforceable by the parties
hercto and their respective heirs, successors and assigns.
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Shelley Va~oe-Gallatin Co MT MISC 42.00
14. Covenants to Run with the Land
LANDOWNER
The parties intcnd that the terms of this Agreement shall be covenants running with the land and
shall not expirc 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 the State of Montana, and to bind the State of Montana to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first abovc written.
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By: Dave Galt, Director
Montana Department of Transportation
ST A TE OF MONT ANA
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COUNTY OF LEWIS AND CLARK)
On this I."' ',ll day of -'Pc.: c f2 ~H ~~~____~_, 200.{" before me, a Notary Puhlic for
the State of Montana, personally appcared Dave Galt, Director, representing the Montana Department of
Transportation, known to mc to bc the person that executed the foregoing Annexation Agreement, and
acknowledged to mc that he/she executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and
ycar first above written.
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(Printed Name Here)
Notary Puhlic for the State of Montana
Residing at j.:s,N, L '0 c ,<-
My Commission Expires: L L 'f ~2'1f2C..~ '/
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Robin L. Sullivan,'
Clerk of the City Commission
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STATE OF MONTANA )
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COUNTY OF GALLATIN)
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Shelley Vanoe-Gallatin Co MT MISC 42.00
CITY OF BOZEMAN
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By: CHRIS A. KUKULSKI, City Manager
On the ~day of j1)/\i1.Nl< , 200S- , before me, a Notary Public for the State of Montana,
personally appeared CHRIS"AJkuKUisKI 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 the same [or 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.
(Sea)),
Notary pubric fOl:-.the State of Montana
Residing atBozeinan, Montana
My Commission Expires: ,3Iz~ lzoc) '7
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