HomeMy WebLinkAbout97- Northwood Land and Livestock Annexation
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NORTHWOOD LAND AND LIVESTOCK
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this /1
,1997,
by and between the CITY OF BOZEMAN, a municipal corporation an political subdivision of the
State of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter
referred to as "City" and loal Olson, General Partner, Northwood Land and Livestock, a Limited
Partnership, hereinafter referred to as "Landowner".
WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter
referred to as the "Northwood Land and Livestock Annexation" situated in Gallatin County,
Montana, and more particularly described as follows:
A tract ofland containing 0.664 acres, being a portion of Tract B of Certificate of Survey No,
573, situated in the southwest one-quarter of Section 13, Township 2 South, Range 5 East,
P,M.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 Northwood Land and Livestock
Annexation, 7-2-4301, et seq" M.C.A., will entitle the said tract to available 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, the Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the Northwood Land and Livestock
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
the Northwood Land and Livestock 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
WHEREAS, the securing of an adequate water supply and traffic system by the City is
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necessary and of mutual advantage to the parties hereto,
WIT N ESE T H:
IN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals.
The above recitals are true and correct.
2. Annexation.
The City Commission will annex the Northwood Land and Livestock Annexation in
accordance with its decision on September 3, 1996.
3. Services Provided.
The City will, upon annexation, make currently existing and available city services including
water service, sewer service, police protection, fire protection, available to the Northwood Land and
Livestock Annexation tract, as provided in the Agreement.
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 of lines or construction of necessary improvements at any cost to the City
for delivery of water to and within the Northwood Land and Livestock Annexation. This Agreement
does not relieve the Landowner of any impact fees, hook-up, connection, or development charges
which have been or 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, 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 collection of sewage at and within the Northwood Land and Livestock Annexation, This
Agreement does not relieve the Landowner of any impact fees, hookup, connection, or development
charges which have been or may be established by the City,
6. Water Rights.
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The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy ofthe 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 improyements to the water system which would
create additional water supply capacity. Except, however, that for any annexation in excess
of tcn (10) acres, this policy shall be carried out prior to final plat approval of each
development phase,
Section 2, No.5,
Commission Resolution 2716 adopted
October 3, 1988
The Northwood Land and Livcstock Annexation consists of approximately 0,664 acres,
exclusive of right-of-way for Kagy Boulevard,
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
Northwood Land and Livestock Annexation, consisting of a total of 0.664 acres, prior
to annexation of said property to the corporate limits of the City of Bozeman, filing
of any fmal subdivision plat, final site plan or the issuance of any building pcrmit,
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 understands that the
City will calculate 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 watcr based on existing development of the property
is calculated to be O,57aere-feet per year. The cash in lieu of this amount equals Two Hundred Six
Dollars and Thirty-Eight Cents ($206.38) ,
The Landowner agrees to provide sufficient water rights or full payment of the calculated
amount of cash in-lieu of water rights prior to annexation of said property, filing of any Final
Subdivision Plat, Final Site Plan approval or the issuance of any building pennit, whichever occurs
first.
7. Utility Easements.
The Landowner understands and agrees that utility casements, a minimum of thirty (30) feet
in width, may be necessary for the installation and maintenance of water and sewer utility services to
the annexed parcel. If necessary, the Landowner shall create such easements in locations agreeable
to the City during the subdivision procedure or planned unit development procedure but in no event
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fILM 178 PAC[3356
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later than the filing of any Final Plat or Site Plan Review or issuance of a building permit on the
parcel.
8. Governing Law.
This agreement shall bc construed under and governed by the laws of the State of Montana.
In the event of litigation, venue is in the Eighteenth Judicial District, in and for County of Gallatin,
State of Montana,
9. 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,
10. Modifications or Alterations.
No modifications or amendment of this agreement shall be valid unless evidenced by a writing
signed by the parties hereto,
11. 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.
12. Successors.
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,
13. 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 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.
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fILM 178PAC!JJ57
CITY OF BOZEMAN
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CLARK V. JOHNSON
CITY MANAGER
ATTEST:
(jJ~;/ ~
Clerk of the City Commission
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this / ,rIA day of ~~ ' 1997, before me, a Notary Pnblic for the State of
Montana, personally appeared CIa V, Johnson and Robm Sulhvan, known to me to the persons
described in and who executed the foregoing instrument as 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 for and on behalf of said City,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and yealfrst above written.
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Notary Public for the State of
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J AL 0 SON, GENERAL PARTNER
NORTflWOOD LAND AND LIVESTOCK,
.A*I~ITED PARTNERSHIP
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this -Ii!!- day of ()tt-{Id, , 1997, before me, a Notary Public for the State of
Montana, personally appeared J6al Ol~on, General Partner, Northwood Land and Livestock, A
Limited Partnership, known to me to be the person who executed the foregoing Annexation
Agreement, and acknowledged to me that she executed the same for and on behalf of said Limited
Partnership.
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TN W1TNESSWHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written,
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Notary Public for the State of
Montana. ;1 / ;1, .11
Residing: . " " - X!_)7,J'; I
Commission Ex ires: I J//c~/7,9
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(Notarial Seal)
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Stats ofMOfIt., County of Gallatin. IS f\iled for record NOVEMBER 10 . 19 97
at --1.ll~ ~M., and recorded in Bock 178 a. M!SCELLANEQlllL_page _ 3353
eo 9 rvand Ricorder. 8, ;;:)-;l"';{ ~- .....Depltty
FEE: $36.00 CRG
RT: CITY OF BOZEMAN
ATTN: ROBIN SULLIVAN
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