HomeMy WebLinkAbout95- Montana Power Co./ Mergenthaler Transfer & Storage Annexation
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fILM 179 PACf2250
MONTANA POWER COMPANY/MERGENTHALER TRANSFER & STORAGE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into thi~3~ day of IIVt?t/57- . 1995,
by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the
State of Montana with offices at 411 East Main StI~et, BOZ~' a l0Pntana 59771-0640, hercinafter
l<^.rtner WI
referred to as "City" and Jerry Mcrgenthalcr,Pr€lsid€lnt, orth Montana Avenue Partnership, for
Mergenthaler Transfcr & Storage, , Bozeman, MT. 59715, and Randy Sullivan, for Montana Power
Company, 121 East Griffin, Bozeman, MT. 59715, hercinaftcr referred to as "Landowners".
WHEREAS, North Montana Avenue Partnership and Montana Power Company are owners
m fee of tracts of certain rcal propertics, hereinafter rcfcrrcd to as the "Montana Power
Company/Mergenthaler Transfer & Storage Annexation" situatcd in Gallatin County, Montana, and
more particularly describcd as follows:
A contiguous tract of land containing 12.333 acres of land, being Lot 2 of Minor
Subdivision No. 154 containing 5.315 acres, dcdicated right-of-way for Griffin Drive
containing 0.288 acrcs, and Certificate of Survey No. 157 A containing 6.73 acres,
located in Section 31, Township I South, Range 6 East, P.M.M., Gallatin County,
Montana.
WHEREAS, the Landowners have petitioned the City for anncxation of the contiguous tract;
and
WHEREAS, all partics recognize that the annexation of the Montana Power
Company/Mergenthalcr Transfer & Storagc Annexation pursuant to Section 7-2-4301, ct seq.,
M.C.A., will cntitle the said tract to City scrvices, including municipal water and scwer scrvice; and
WHEREAS, the City's prescnt watcr supply is insufficient to enable it to supply rcasonably
adcquate water service to additional customcrs outside thc prescnt city boundaries; and
WHEREAS, all parties recognize that the developmcnt of the Montana Power
Company/Mergcnthalcr Transfer & Storage Anncxation will impact North Seventh A venue, Griffin
Drivc, Manlcy Road and North Rouse Avcnue, and will require additional public street improvements
for traffic circulation; and
WHEREAS, the Landowncrs wish to convey to thc City ccrtain water rights or takc some
equivalent action to provide water and sewer scrvicc to thc Montana Powcr Company/Mergenthaler
Transfer & Storage Annexation; and
WHEREAS, the Landowners find that this agrcement will provide for the most satisfactory
fILM !'"('SPACE2251
M.P.C.lMERGENTHALER ANNEXA nON AGREEMENT
PAGE TWO OF SIX
and dependable water supply or service available to furnish water and provide traffic circulation for
development within the Montana Powcr Company/Mergenthaler Transfer & Storage Annexation;
and
WHEREAS, the making and pcrformance of this agreemcnt 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 expand; and
WHEREAS, the securing of an adequate watcr supply and traffic system by the City is
nccessary and of mutual advantage to the partics hereto.
WIT N E SET H:
IN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals.
The abovc recitals arc true and correct.
2. Annexation.
Thc City Commission will annex the Montana Power Company/Mergenthaler Transfer &
Storage Annexation in accordance with its decision on Septcmber 6, 1994.
3. Services Provided.
Pursuant to Section 7-2-4305(2), M.C.A., and Commission Resolution No. 3039, the City
will, after annexation,makc City services, including watcr and sewcr, available to the Montana Power
Company/Mergcnthaler Transfer & Storage Annexation.
4. Municipal Water Scrvice Defincd.
The term "municipal watcr service" as is uscd 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 tcrms and conditions which apply to the City's provision of this service. Thc term does not
contemplate the cxtension of lines or construction of necessary improvements at any cost to the City
for delivery of water to and within the Montana Power Company/Mergenthaler Transfer & Storage
Annexation or any hook-up, connection, or development charges which may be established by thc
City.
fILM 179fACf2252
'"
M.P.C./MERGENTHALER ANNEXATION AGREEMENT
P AGE THREE OF SIX
5. Municipal Sewer Scrvice Defined.
The term "municipal sewcr servicc" as is used in this agreement shall be the scrvice which is
supplicd by thc 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 scrvice. The term does not
contemplatc the extcnsion of lines or construction of ncccssary improvcmcnts at any cost to the City
for collection of sewage at and within the Montana Power Company/Mergenthaler Transfer &
Storage Anncxation or any hookup, connection, or development charges which may be establishcd
by the City.
6. Water Rights.
The parties acknowledge the following City policy:
Prior to anncxation of property, it shall bc thc policy of the City of Bozeman to acq uire usable
water rights, or an appropriate fec in lieu thcreof, equal to the anticipatcd average annual
consumption of water by residents and/or users of the property when fully developed. Thc fee
may be used to acquire water rights or for improvements to the water system which would
creatc additional water supply capacity. Except, howcver, 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.5,
Commission Resolution 2716 adoptcd
October 3, 1988
The Montana Power Company/Mergenthaler Transfer & Storage Annexation consists of
approximately 12.333 acres, being 5.315 acres for Lot 2 of Minor Subdivision No 154, and 6.73 acres
for Certificate of Survey No. 157 A. Thc Landowncrs understand and agree that they must provide
sufficicnt watcr rights in accordance with thc City's policy according to the following schedule:
Montana Power Company/Mergenthaler Transfer & Storage Anncxation, consisting
of a total of 12.333 acres, prior to final site plan approval or the issuance of any
building permit for either of said properties individually, whichever occurs first.
Thc Landowners shall supply such watcr rights or fee in lieu as calculated by the City in
accordance with its policy at the time of calculation. The Landowncrs furthcr undcrstand that the
I
City has calculatcd the avcrage annual diversion requircment necessary to provide water on the basis
of thc zoning designation for thc propcrty at the time such calculation is made. The amount of
average annual diversion necessary to provide water based on potential dcvelopmcnt of the said
property(s) is calculatcd to bc sixtecn (16) acre-fcet for the Lot 2, Minor Subdivision No. 154
filM 179 PACf2253
M.P.C.lMERGENTHALER ANNEXATION AGREEMENT
P AGE FOUR OF SIX
(Mcrgenthaler parcel for 5.315 acres) and twcnty (20) acre fect for Certificate of Survey No. 157 A
(Montana Power Company parcel for 6.73 acrcs).
Thc cash in lieu of this amount for Lot 2, Minor Subdivision No. 154 cquals Fivc Thousand
Sevcn Hundred Sixty-Fivc Dollars and Fivc Cents ($5,765.05), and for Certificate of Survey No.
157 A equals Seven Thousand Two Hundrcd Six Dollars and Thirty-One Ccnts ($7.206.31), and shall
bc paid by the Landowners upon signing this Agrecment.
7. Waiver ofRi~ht-to-Protest Creation of Special Improvcmcnt Districts to Griffin Drive..
Landowncrs have exccutcd a Waivcr of Right-to-Protcst Creation of Special Improvement
Districts for improvcments to Griffin Drivc. This waivcr is attached hcreto as Exhibit "A".
8. Waivcr of Ri2ht-to-Protest Creation of Special Improvement Districts for Si2Ualization at the
Intersections of Mandevillc Lane with North Seventh Avenue and North Rouse Avenuc.
Landowners have executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for signalization improvcments at thc intersections of Griffin Drive with North Seventh
Avenue and North Rouse Avenue. This waiver is attached hereto as Exhibit liB".
10. Additional Tcrms of Waivers.
All partics recognize that thcse documcnts shall be filed by thc applicant and of record with
the Gallatin County Clcrk and Rccorder prior to thc sale of any land within the Montana Powcr
Company/Mergenthaler Transfcr & Storage Annexation by the Landowners, and the parties agree
that the City may file these documents at any timc.
11. Utility Easements.
The Landowners understand and agree that utility easements, a minimum of thirty (30) feet
in width, will be necessary for the installation and maintcnance of water and sewer utility services to
the annexed parcels. The Landowners shall crcatc such casements in locations agreeable to thc City
during the preliminary subdivision plat rcview, site plan review or planned unit developmcnt
proecdure but in no event later than the filing of any final subdivision plat or final site plan or issuance
of a building pcrmit on any of the parcels.
12. Governing Law.
This agrccment shall be construed according to the laws of the State of Montana.
M.P.C./MERGENTHALER ANNEXATION AGREEMENT
P AGE FIVE OF SIX
filM i 79PACE2254
13. Invalid Provision.
The invalidity or unenforceability of any provision of this agrecment 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 amendmcnt of this agreemcnt shall be valid unlcss evidenced by a writing
signed by thc parties hereto.
15. No Assi~nment.
It is expressly agrccd that the Landowners shall not assign this agrcement in whole or in part
without prior written consent ofthc City.
16. Successors.
Except as provided in paragraph 15, this Agreement shall be binding upon, inure to the benefit
of and be cnforceablc by the parties hercto and their respcctive heirs, successors and assigns.
17. Covenants to Run with the Land.
The parties intend that the terms of this agreemcnt shall be covenants running with the land
and shall not expire at thcir deaths or upon transfcr of ownership of the property.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and ycar first above writtcn.
CITY OF BOZEMAN
By:?" i~'" P A. J:J~,.tRt
JAMES E. WYSOCKI
Its City Managcr
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fiLM t 79 PACf2255
M.P.C.lMERGENTHALER ANNEXATION AGREEMENT
P AGE SIX OF SIX
STATE OF MONTANA )
:ss
COUNTY OF GALLA TIN )
On this b<;;?IIIDday of !l1):J u ,<st. ,1995, bcfore mc, a Notary Public for the State of
Montana, personally appeared Jerry Mergcnthaler known to me to the person whose name is
subscribcd to thc within instrumcnt and acknowlcdged to me that he executed the same.
IN WITNESS WHEREOF, T havc hereunto set my hand and affixed my official seal the day
and year first above written.
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Notary Public D' the State of Montana.
Residing: !3 o"z eYY\ Q n
Commission Expires: I;;' - Iff 9~
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LANDOWNER(S)
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NDY SULLIVAN, FOR
MONTANA POWER COMPANY
STATE OF MONTANA
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:ss
COUNTY OF GALLA TIN )
On this J3RPday of Jj v~\J ~-;1' ,1995, before me, a Notary Public for the State of
Montana, personally appeared Randi'Sulhvan known to mc to the person whose name IS subscnbed
to the within instrument and acknowledged to mc that hc executed thc same.
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Notary Public fi the State of Montana.
Residing: 130 z p r'Y\('( Yl
Commission Expires: 1.2. -/"'K ., (l~
IN WITNESS WHEREO F, I have hcreunto set my hand and affixed my official seal the day
and year first above written.
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fiLM 179PACE2256
EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND DRAINAGE
TO GRIFFIN DRIVE
We, the undersigned owners of real property(s) situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of contiguous land containing 12.333 acrcs ofland, being Lot 2 of Minor
Subdivision No. 154 containing 5.315 acres, dcdicated right-of-way for Griffin
Drive containing 0.288 acres, and Certificate of Survey No. 157 A containing 6.73
acres, locatcd in Section 31, Township I South, Range 6 East, P.M.M., Gallatin
County, Montana.
IN CONSIDERATION, of receiving annexation approval from thc City of Bozeman,
along with the accompanying rights and privilcges and for other valuable consideration, the
reccipt of which is hcreby acknowlcdged, and in recognition of the impact to North Sevcnth
DATED this ,J.. 3 R.t7day of -13 I ) 3 i I "f:,T
, 1995.
Avcnue, Griffin Drive and North Rousc Avenue which will bc caused by the development of the
above-described property(s), have waived and do hereby for ourself, our heirs, executors,
administrators, pcrsonal rcpresentatives, successors and assigns, waive the right to protest the
creation of one or more special improvement districts for construction of curb, gutter, sidewalk,
pavement, and drainage appurtenances on Griffin Drive to City street standards 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 ofintcntion to creatc one or more special improvement districts which
would include the above-described property.
This waiver shaII be a covenant running with the land and shall not expire at our dcath,
provided however this waiver shall apply only to the lands hcrcin described.
The terms, covenants and provisions of the Waiver shall extcnd to, and be binding upon the
heirs, executors, administrators, personal representatives, successors and assigns ofthe parties
hcreto.
.
..
fiLM 179 PACE2257
M.P.C./Mcrgcnthaler Annexation Agreemcnt - Exhibit "A"
W ai ver of Right -to- Protcst Creation of S.1. D.
Mandeville Lane
Page Two of Two
LANDOWNER(S)
STATE OF MONTANA )
:ss
COUNTY OF GALLA TIN )
On this<Z;2"'C>day of --.tl vJue:.T , 1995, before me, a Notary Public for the State of
Montana, pcrsonally appearcd Jerry Mergenthaler known to me to the pcrson whose name is
subscribed to the within instrument and acknowledged to mc that he cxecuted the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixcd my official seal the
day and year first above written.
" lli -Q -lR
Notary Public r thc Statc of Montana.
Residing: 13 0 Z e I'Yl c~ Y\
Commission Expires: /;2 -n7-9 S
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LANDOWNER(S)
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RANDY SULLIVAN, FOR
MONTANA POWER COMPANY
STATE OF MONTANA
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:ss
COUNTY OF GALLATIN)
On this,,;?3RDday of Au,3u ",,1-_,1995, before me, a Notary Public for thc State of
Montana, personally appcared Randy Sullivan known to mc to thc person whosc name is
subscribed to thc within instrumcnt and acknowlcdgcd to me that hc cxecuted thc same.
IN WITNESS WHEREOF, I have hereunto sct my hand and affixed my official seal the
day and year first above written.
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Notary Public . r the Statc of Montana.
Rcsiding: Bo -2.. e vY\ 0, V\
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CommIssIon Explrcs: 1:J. -' J 8'. 9 S,
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fILM 179 PACf2258
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTIONS OF GRIFFIN DRIVE
WITH NORTH SEVENTH A VENUE AND NORTH ROUSE A VENUE
We, the undersigned owners ofrcal propcrty(s) situated in the County of Gallatin, State of
Montana, and morc particularly described as follows;
A contiguous tract ofland containing 12.333 acres ofland, being Lot 2 of Minor
Subdivision No. 154 containing 5.315 acres, dedicated right-of-way for Griffin
Drive containing 0.288 acres, and Certificate of Survey No. 157 A containing 6.73
acres, locatcd in Section 31, Township I South, Range 6 East, P.M.M., Gallatin
County, Montana.
IN CONSIDERATION, of receiving annexation approval from the City of Bozeman,
along with the accompanying rights and privileges and for other valuable consideration, the
receipt of which is hereby acknowledged, and in recognition of the impact to North Seventh
Avenue, Griffin Drivc and North Rouse Avenuc, which will be caused by the development of the
above-described property(s), have waived and do hereby for ourself, our heirs, executors,
administrators, personal representatives, successors and assigns, waive the right to protest the
creation of onc or more special improvemcnt districts for signalization improvements at the
intersections of Griffin Drive with North Seventh A venue and North Rouse A venue or to make
any written protest against thc size or arca or creation of the district to be assessed in rcsponse to
DATEDthis.,;73KD day of AU:Jusr
, ] 995.
a duly passed resolution of intention to create one or more special improvement districts which
would includc the abovc-described property.
This waiver shall be a covenant running with the land and shall not expire at our 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.
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filM 179 PACE2259
M.P.C./Mergenthaler Anncxation Agreement - Exhibit "B" .
Waiver of Right-to-Protest Creation ofS.I.D.
Signalization at Griffin Drive with North Seventh A venue and North Rouse A venue
Pagc Two of Two
LANDOWNER(S)
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TH~LER, PRESIE'ln'rr POTtr, " r
ANA AVENUE PAR TNERSH
ST ATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this,;?;?lIP day of "L}'::t (I ~t, 1995, bcfore me, a Notary Public for the State of
Montana, personally appcared Jc Mergenthaler known to me to the person whosc namc lS
subscribed to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I havc hcreunto set my hand and affixed my official seal the
day and year first above writtcn.
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Notary Public fi the State of Montana.
Residing: 13(') z e fY\ a., VI
Commission Expircs: (;) -( g-C) S-
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LANDOWNER(S)
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RANDY SULLIVAN, FOR
MONTANA POWER COMPANY
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this;(;(I\ID day of t1 ():J (j <':;,T , 1995, before mc, a Notary Public for the State of
Montana, personally appeared Randy Sullivan known to me to the person whose name is
subscribcd to thc within instrument and acknowledgcd to me that he executed the same.
355436
State of Montana J
County 01 Gallatin 5S
Filed -PECEM~.~.!L?___ .1997
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