HomeMy WebLinkAbout95- Poncelet Annexation Agreement
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PONCELET
ANNEXA nON AGREEMENT
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THIS AGREEMENT, is made and entered into this / q,- day of "eTO B E;Lf~.
1995, by and between THE CITY OF BOZEMAN. a municipal corporation of the State of Montana
with offices at 411 East Main Street. Bozeman. Montana 59771-0640, hereinafter refcrred to as
"City", and GREG PONCELET of209 Cedar Road, Bozeman, MT 59715, and PENNY A. YOUNG
of707 Bridger Drive, Bozeman, MT 59715. and KAY S. MORTENSEN of2300 Stagecoach Rd.,
Manhattan, Montana, 5974] , hereinafter referred to as "Landowners".
WHEREAS, the Landowners own in fee simple certain rea] property situated in the SE 1/4
of Section 3]. Township 1 North, Range 6 East, P.M,M.. Gallatin County, Montana, and more
particularly described as follows:
Tract E-2 of cas ]623 and Tract D ofFi]m 5 Page 1113, commonly located at the
intersection of Bridge Canyon Drive and Birdie Drive. Also known as Poncclet
Minor Subdivision. Said tract being 3.30 acres along with and subject to any existing
casements.
WHEREAS, the Landowners have requested annexation of the contiguous tract; and
WHEREAS, the Landowners recognize that the annexation of the above-describcd property.
hcrcinafter rcferrcd to as the "Poncclct Annexation Tract" will entitlc thc Landowncrs to City
services, including municipal watcr and sewer service; and
WHEREAS. the City's prcscnt watcr supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside thc present city boundaries; and
WHEREAS, the landowners wish to convey to the City certain water rights or take somc
equivalent action to provide water and scwer service to the property; and
WHEREAS, the City's present sewer service system is insufficient to enable it to supply
reasonable sewer collection service to addition a] customers outside the present city boundaries; and
WHEREAS, all parties recognize that the development of the Poncclet Annexation Tract will
impact Bridger Canyon Drive \ Rouse Avenue; and
WHEREAS, the Landowners find that this Agreement will provide for the most satisfactory
and dcpendable watcr supply or service available to furnish water, providc for the most satisfactory
and dcpendable scwer servicc available to furnish sewcr collection service; and
WHEREAS, the making and performance of this agreement is desirable to promote the
fll~ 1 ?OPACf27&3
PONCELET
ANNEXA TION AGREEMENT
PAGE 2 of6
development of the most adequate water supply, sewer collection and traffic circulation pattern for
the City as it now exists and as it is reasonably expected to enlarge; and
WHEREAS, the Landowners understand and agree that no development shall be approved
for any of the Poncelet Annexation Tract until water, sewer and street improvements are made
resulting in adequate city transportation and services, which adequacy shall be determined by the
Director of Public Service or his designee, to safely accommodate use of and travel to, from and
within the parcel proposed for development, and provide adequate water and sanitation facilities; and
WHEREAS, the securing of an adequate water supply, sewer collection, and traffic circulation
system by the City is necessary and of mutual advantage to the parties hereto.
WIT N E SSE 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 Poncclct Annexation Tract in accordance with
its decision on April 17, 1995.
3. Services Provided by City.
Pursuant to Section 7-2-4409, M.C.A. and Commission Resolution No. 3052, the City
will, after annexation, make City services, including water and sewer, available to the Poncelet
Annexation Tract.
4. Municipal Water Service Defined.
The tcrm "municipal water service" as is used in this Agreement shall be the service
which L'i supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code,
as well as any other tenns 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 for delivery of water to and within the Poncelet Annexation Tract or any hook-
up, connection, or development charges which may be established by the City.
fILM 170 PACf2709
PONCE LET
ANNEXATION AGREEMENT
PAGE 3 or6
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 tenns and conditions which apply to the City's provision of this service.
The term docs not contemplate the extension of lines or construction of necessary
improvements for collection of sewage at and within the Poncelet Annexation Tract or any
hook-up, connection, or development charges which may be established by the City.
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 average
annual diversion requirement necessary to provide the anticipated average annual
consumption of water by residents and/or users of property when fully developed on
the basis of the zoning designation(s). The fee may be used to acquire water rights
or for improvements to the water system which would create additional water supply
capacity. This policy is subject to the following exceptions:
a. For any annexation in excess of ten (10) acres, it shall be carried out prior to
final plat approval. final site plan approval or thc issuance of any building
permit, whichever occurs first.
Section 2, No.5, Commission
Resolution 2716 adopted
October 3. 1988.
The Poncclet Annexation Tract consists of approximately 3.30 acres.
The Landowners understand and agree that they must provide sufficient water rights
in accordance with the City's policy. The Landowners 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
Landowners 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, 9 acre feet per year has been calculated as the amount of water use based on the M-
1, Light Industrial, District zoning designation of the property. The cash-in-lieu of this
amount equals $3,085.83. This amount shall be paid by the Landowners upon signing this
Agreement.
7. Waivers of Right to Protest Special Improvement Districts for Improvements to Bridger
. fILM '170fACf2710
PONCE LET
ANNEXATION AGREEMENT
PAGE 4 "f6
Canyon Drive \ Rouse A venue.
The Landowners have executed a Waiver of Right to Protest Creation of Special
Improvement Districts which includc the Poncclet Annexation Tract for the improvements
to Bridger Canyon Drive \ Rouse Avenue. This Waiver is attached hereto as Exhibit A.
8. Additional Terms for Road Easements and Waivers.
All parties recognize that these documents must be executed at the time this
Annexation Agreement is exeeuted, and shall be filed and ofrecord with the Gallatin County
Clerk and Reeorder. The City shall file these documents once the Annexation is officially
accepted.
9. Utility Easements.
The Landowners understand and agree that utility easements, thirty (30) feet in width,
will be necessary for the installation and maintenance of water and sewer utility services to
the annexed parcel. The Landowners shall create such casements in locations agreeable to
the City during subdivision, conditional use, planned unit development, or site plan review
procedures, but in no cvent later than the filing of any final plat or site plan. or issuance of a
building permit.
10. Governin~ Law.
This Agreement shall be construed according to the laws of the State of Montana.
11. 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 respeets as if such
invalid or unenforceable provision were omitted.
12. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless evidenced by
a writing signed by the parties hereto.
13. No Assignment.
It is expressly agreed that the Landowners shall not assign this Agreement in whole
or in part without prior written consent of the City.
fILM 170 PACE 2711
PONCE LET
ANNEXA TION AGREEMENT
PAGE 5 or6
14, Successors.
Except as provided in paragraph 13, 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.
15. 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 bc executed the
day and year fIrst above written,
CITY OF BOZEMAN
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BY. --vN..Wc.). ~~~
City M . ager
Attest:
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Clerk of the City Commission
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STATE OF MONT ANA )
LANDOWNERS
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County of Gallatin)
On this {q fi0 day of ()(!,iDbJ-,jr' , 1995 before me, a Notary Public for the State of
Montana, personally appeared Greg Poncelet, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year fIrst
above written.
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PONCE LET
ANNEXATION AGREEMENT
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On this ! q 'fh day of (){!;f{)K1L{/' ,1995 before me, a Notary Publie for the State of
Montana, personally appeared Penny A Young. known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
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County of Gallatin)
On this /9111 day of (){!I!)/:)r<J____., 1995 before me, a Notary Publie for the Statc of
Montana, personally appeared Kay S. Mortensen, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to mc that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
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N. ot~I?' PubHy-fer St. ate ofMont~na
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. f IU4' 170 PACF2713
WAIVER OF RIGHT TO PROTEST
CREA nON OF SPECIAL IMPROVEMENT DISTRICTS
WHICH WOULD INCLUDE PROPERTY OF
THE PONCELET ANNEXATION
We, the undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract E-2 ofCOS 1623 and Tract D of Film 5 Page 1113, commonly
located at the intersection of Bridge Canyon Drive and Birdie Drive.
Also known as Poncelct Minor Subdivision. Said tract being 3.30
acres along with and subject to any existing easements.
IN CONSIDERATION of receiving Annexation of the subject property to the City of
Bozeman, along with accompanying rights and privileges and for other and valuable consideration,
the receipt of which is hereby acknowledged, in recognition of the traffic that will be generated by
the devclopment of the above-described property, have waived and do hereby waive for ourselves.
our heirs, personal representatives, successors and assigns, the right to protest the creation of one or
more special improvement districts for improvements for: 1) improvements to Bridger Canyon Drive
I Rouse A venue, including paving, curb and gutter, sidewalk, and storm drainage appurtenances.
We further waive our right to make any written protest against the proposed work or against
the extent or creation of the districts to be assessed in response to a duly passed resolution of
intention to create one or more special improvement districts which would include the abovc-
described property.
This waiver shall be a covenant running with the land and shall not expire.
We warrant that we are lawfully seized and possessed of the real property described above
and that we have a lawful right to convey the property or any part of it.
.~,.~ ",,:,<"Q.ATEDthis fqthdayof~, 19q5.
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County of Gallatin)
On this ,q'frJ day of Dc ~ifJiJ.pr ., 1995 before me, a Notary Public for the State of
Montana. personally appeared Greg Poncelet, known to me to be the person whose name is
.. .
r IL'M i 70 PACE 2714
PONCELET SID
PAGE 2 OF 3
subscribed to the foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
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C-W./l,,,-_-\.__/;Jc LJ>fJ,1 )~
Notary Pub . State of Montana
Residing at
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"~I"tr4'NA~ST~~UF MONTANA)
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Penny A. Yo g
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County of Gallatin)
On this fqH) day of ~.l[)hL..r ,1995 before me, a Notary Public for the State of
Montana, personally appeared Penny A. Young, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
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.N.. o. tary p. ..ub.l.iQ....for State of Monta
Residing at ./hl II
My Commission Expires: C
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"""S't'XTE OF MONT ANA )
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Kay ~nsen
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County of Gallatin)
On this Ei!Jday ofUe.,Io~ , 1995 before me, a Notary Public for the State of
Montana, personally appeared Kay S. Mortensen, known to me to be the person whose name is
subscribed to the foregoing instrwnent and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
33882t1
s.a.. oJ Mon... County of Gallatin. 88 Filed for record February
".';Il.,.. 3 . 19...2l.af 2: 15 PM., anJ recordffd in Hook 170 of
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Rt: City of Bozeman ~ ~