HomeMy WebLinkAbout96- Murdoch Annexation Agreement
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MURDOCH ANNEXATION AGREEMENT
fILM 178 PACE4153
THIS AGREEMENT made and entered into this 22nL. day of
January
, 1996
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 John W. and Norma D. Murdoch, 431 North Seventh Avenue, Bozeman,
MT. 59715, hereinafter referred to as "Landowner".
WHEREAS, John W. and Norma D. Murdoch is owner in fee of a tract of certain real
property, hereinafter referred to as the "Murdoch Annexation" situated in Gallatin County, Montana,
and more particularly described as follows
A contiguous tract ofland containing 2.526 acres ofland, being Lot 2 and Lot 13,
Gordon Mandeville State School Section Subdivision, located in Section 36,
Township I South, Range 5 East, M.P,M., Gallatin County, Montana.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract;
and
WHEREAS, all parties recognize that the annexation of the Murdoch Annexation pursuant
to Section 7-2-430 I, et seq., M.C.A, will entitle the said tracts to City services, including municipal
water and sewer service; 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, all parties recognize that the development of the Murdoch Annexation will
impact North Seventh Avenue, Mandeville Lane and Flora Lane, and will require additional public
street improvements for traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the Murdoch Annexation; and
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 within the Murdoch 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 expand; and
MURDOCH ANNEXATION AGREEMENT
P AGE TWO OF SIX
fILM 178PAn41S4
WHEREAS, the securing of an adequate water supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto
WIT N ESE T H:
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 Murdoch Annexation in accordance with its decision on
February 21, 1995.
3. Services Provided.
Pursuant to Section 7-2-4305(2), M.C.A, and Commission Resolution No. 3039, the City
will, after annexation, make City services, including water and sewer, available to the Murdoch
Annexation.
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 oflines or construction of necessary improvements at any cost to the City
for delivery of water to and within the Murdoch Annexation of 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 oflines or construction of necessary improvements at any cost to the City
for collection of sewage at and within the Murdoch Annexation or any hookup, connection, or
development charges which may be established by the City.
MURDOCH ANNEXATION AGREEMENT
P AGE THREE OF SIX
f"" 178 "1""415'
II I . ;"I~t ..)
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 anticipated average annual
consumption of water by residents and/or users ofthe 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.5,
Commission Resolution 27] 6 adopted
October 3, ] 988
The Murdoch Annexation consists of approximately 2.526 acres.
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
Murdoch Annexation, consisting of a total of 2. 526 acres, prior to annexation, final
subdivision plat approval, final site plan approval or the issuance of any building
permit, whichever occurs first.
The Landowner 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 Landowner further understand that the City
has calculated the 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. The amount of average
annual diversion necessary to provide water based on potential development of the property is
calculated to be eight (8) acre-feet. The cash in lieu of this amount equals Two Thousand Seven
Hundred Thirty-Nine Dollars and Eighty-Nine Cents ( $2,739.89) and shall be paid by the Landowner
upon signing this Agreement.
7. Waiver of Right-to-Protest Special Improvement Districts to Mandeville Lane..
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements to Mandeville Lane. This waiver is attached hereto as Exhibit" A".
8. Waiver of Right-to-Protest Special Improvement Districts to Flora Lane.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
District for improvements to Flora Lane. This waiver is attached hereto as Exhibit "B".
MURDOCH ANNEXATION AGREEMENT
P AGE FOUR OF SIX
filM 178 PACl4156
9. Waiver of Right- to-Protest Special Improvement Districts for Signalization at the Intersection of
Mandeville Lane and North Seventh Avenue.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for signalization improvements at the intersection of Mandeville Lane and North Seventh
Avenue. This waiver is attached hereto as Exhibit "C".
10. Additional Terms of Waivers.
All parties recognize that these documents shall be filed by the applicant and of record with
the Gallatin County Clerk and Recorder prior to the sale of any land within the Murdoch Annexation
by the Landowner, and the parties agree that the City may file these documents at any time.
II. 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 sel 'I ;ces to the
annexed parcels. The landowners shall create such easemcnts in locations agreeable to the City
during the preliminary subdivision plat review, site plan review or planned unit deve:opment
procedure but in no event later than the filing of any final subdivision plat or final site plan or issuance
of a building permit on any of the parcels
12. Governing 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. Modifications or Altera~
No modification or amendment of this agreement shall be valid unless evidenced by a writing
signed by the parties hereto,
15. No Assignment.
It is expressly agreed that the Landowner shall not assign this agreement in whole or in part
without prior written consent of the City.
MURDOCK ANNEXA nON AGREEMENT
PAGE FIVE OF SIX
filM 178?ACE4157
16. Successors.
Except as provided in paragraph 15, 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 Run with the Land.
The parties intend that the terms of this agreement shall be covcnants running with the land
and shall not expire at their deaths or upon transfer of ownership of the property.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year first above written,
CITY OF BOZEMAN
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JAME E~~~~:; .~\~~
Its City Manager
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fILM 178PACE41S8
MURDOCH ANNEXA nON AGREEMENT
PAGE SIX OF SIX
LANDOWNER
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JOHN W, MURDOCH ~
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NORMA D. MURDOCH
ST ATE OF MONTANA )
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COUNTY OF GALLATIN)
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On this.~./J /1. day of lXp.,cJ-__ ,1995, before me, a Notary Public for the State of
Montana, personally appeared John W.fand Norma D. Murdoch known to me to the persons whose
names are subscribed to the within instrument and acknowledged to me that they 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" A "
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND DRAINAGE
TO MANDEVILLE LANE
We, the undersigned owners ofreal property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of contiguous land containing 2526 acres, being Lot 2 and Lot 13, Gordon
Mandeville State School Section Subdivision, located in Section 36, Township I
South, Range 5 East, M.P.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, Mandeville Lane and Flora Lane which will be caused by the development of the above-
described property, have waived and do hereby for ourself, our heirs, executors, administrators,
personal representatives, successors and assigns, waive the right to protest the creation of one or
more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to
Mandeville Lane 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 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 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.
FILM 178 P~,ct4160
Murdoch Annexation Agreement - Exhibit "A"
Waiver of RighHo- Protest Creation of S. I. D.
Mandeville Lane
Page Two of Two
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DATED this",'(' day of )//ittj-
, 1995,
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JO N W. MURDOCH
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NORMA D. MURDOCH
STATE OF MONTANA )
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COUNTY OF GALLA TIN )
On thi~r>"'1day of /:):2ll....1- _' 1995, before me, a Notary Pubic for the State of
Montana, personally appeared Jol1i4 W. and Norma D, Murdoch known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they 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"
fILM 178 ?ACE41bl
WAIVER OF RIGHT TO PROTEST
CREA nON OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND DRAINAGE
TO FLORA LANE
We, the undersigned owners of real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of contiguous land containing 2.526 acres, being Lot 2 and Lot 13, Gordon
Mandeville State School Section Subdivision, located in Section 36, Township I
South, Range 5 East, M.P.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, Mandeville Lane and Flora Lane which will be caused by the development of the above-
described property, have waived and do hereby for ourself, our heirs, executors, administrators,
personal representatives, successors and assigns, waive the right to protest the creation of one or
more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to Flora
Lane 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 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 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.
Murdoch Annexation Agreement - Exhibit "B"
Waiver of Right-to-Protest Creation of S.I.D.
Flora Lane
Page Two of Two
fiLM 178 rACl41b2
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D TEDt LS~dayo II/lit, 1995.
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JpHN W. MURDOCH
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NORMA D. MURDOCH
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STATE OF MONT ANA )
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COUNTY OF GALLATIN )
On thi~;;(;/.':f'l day of /)2;:(.4-.. , 1995, before me, a Notary Pubic for the State of
Montana, personally appeared John *. and Norma D, Murdoch known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my oflicial seal the day
and year first ~ove written.
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EXHIBIT "e"
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTION OF
MANDEVILLE LANE AND NORTH SEVENTH AVENUE
We, the undersigned owners of real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A contiguous tract ofland containing 2.526 acres, being Lot 2 and Lot 13, Gordon
Mandeville State School Section Subdivision, located in Section 36, Township 1
South, Range 5 East, M.P.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 Mandeville Lane,
Flora Lane, and North Seventh Avenue, which will be caused by the development of the above-
described property, have waived and do hereby for ourself, our heirs, executors, administrators,
personal representatives, successors and assigns, waive the right to protest the creation of one or
more special improvement districts for signalization improvements at the intersection of
Mandeville Lane and North Seventh A venue 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 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 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.
.
flL~ 178:/\Ct 41b4
Murdoch Annexation Agreement - Exhibit "C"
Waiver of Right-to-Protest Creation of S.I.D.
Signalization at Mandeville Lane and North Seventh Avenue
Page Two of Two
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DATED thi&:i)' day of ~ ~tZ.LL
il
, 1995.
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J HNW. MURDOCH
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NORMA D. MURDOCH
STATE OF MONT ANA
:ss
COUNTY OF GALLA TIN )
On this.;li;r~l" day oflJ,,~'--__, 1995, before me, a Notary Pubic for the State of
Montana, personally appeared J n W. and Norma D. Murdoch known to me to be the persons
whose name is subscribed to the within instrument and acknowledged to me that they 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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Commission E'xpires: {p ,,/J' .y;/ __
354288
INDEXED
PLATTED
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FEE:
State of MBt1t., County of GaUatin. ss Filed for r.ecord NOVEMBER 14 .19....2.L
at 4: 4~d.~ M.~nd recorded in Sook 178 of MISCELLANEOUS page 4153,
!lan~ Racord8r. u.y ~t (!;m 1: II , J r Deputy
RT: CITY OF BOZEMAN ATTN: ROBIN
$ 72.00