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HomeMy WebLinkAbout96- Pope Annexation Tract Agreement and reasonable sewer collection service to additional customers outside the present City boundaries; WHEREAS, the City's present sewer service system is insufficient to enable it to supply equivalent action to provide water and sewer service to the property; and WHEREAS, the landowner wishes to convey to the City certain water rights or take some and reasonably adequate water service to additional customers outside the present City boundaries; WHEREAS, the City's present water supply is insufficient to enable it to supply City services, including municipal water and sewer service; and property, hereinafter referred to as the "Pope Annexation Tract" will entitle the Landowner to WHEREAS, the Landowner recognizes that the annexation of the above-described WHEREAS, the Landowner has requested annexation of the contiguous tract; and N 1/2, SE 1/4, 153 feet, more or less to the point of beginning. less, to the east line of said N 1/2, S 1/4, thence north along the east line of said feet; thence east parallel with the north quarter section line 285 feet, more or thence running west along said quarter section line 285 feet; thence southerly 153 described as follows, to wit: beginning at the NE corner of said N 1/2, SE 1/4, of Section 31, Township I South, Range 6 East, P.M.M., more particularly A tract of land in the NE corner of the N 1/2 of the SE 1/4 ( N 1/4 of SE 1/4 ) Montana, and more particularly described as follows: 1/4, SE 1/4 of Section 31, Township I South, Range 6 East, P.M.M., Gallatin County, WHEREAS, the Landowner owns in fee simple certain real property situated in the NE hereinafter referred to as "Landowner". referred to as "City", and N.R. Rick Pope, 1233 Story Mill Road, Bozeman, MT 59715, Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter 1996 il}l}3, by and between THE CITY OF BOZEMAN, a municipal corporation of the State of October THIS AGREEMENT, is made and entered into this ~ day of POPE ANNEXATION TRACT ANNEXATION AGREEMENT FILM 179 PACE 826 2 WHEREAS, all parties recognize that the development of the Pope Annexation Tract will impact Story Mill Road and the intersection of Story Mill Road and Bridger Creek Drive; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water, provide for the most satisfactory and dependable sewer service available to furnish sewer collection service, and provide traffic circulation within and around the Pope Annexation Tract; and WHEREAS, the making and performance of this Agreement is desirable to promote the 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 Landowner understands and agrees that no development shall be approved for any of the Pope 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 CONSIDERA nON of the mutual covenants and agreements herein contained, the parties hereto agree as follows: I. Recitals. The above recitals are true and correct. 2. Al1Ilexation. The City Commission will annex the Pope Annexation Tract in accordance with its decision on February 21, 1995. 3. Services Provided bY-.Ci..tY. The City will, after annexation, make City services, including water and sewer, available to the Pope Annexation Tract, pursuant to the provisions of this Agreement. r ILM 179 PAGE 82'7 3 rights, or fee in leau. in accordance with the City's policy prior to annexation of the The Landowner understands and agrees that they must provide sufficient water The Pope Annexation Tract consists of approximately 1.00 acres. Section 2, No.5, Commission Resolution 2716 adopted October 3, 1988. 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 the issuance of any building permit, whichever occurs first. 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: The parties acknowledge the following City policy: 6. Water Rights. established by the City. Annexation Tract or any hook-up, connection, or development charges which may be established by the City. construction of necessary improvements for collection of sewage at and within the Pope provision of this service. The term does not contemplate the extension of lines or Municipal Code, as well as any other terms and conditions which apply to the City's service which is supplied by the City in accordance with Chapter 13.24, Bozeman The term "municipal sewer service" as is used in this Agreement shall be the 5. Municipal Sewer Service Defined. Annexation Tract or any hook-up, connection, or development charges which may be construction of necessary improvements for delivery of water to and within the Pope provision of this service. The term does not contemplate the extension of lines or Municipal Code, as well as any other terms and conditions which apply to the City's service which is supplied by the City in accordance with Chapter 13.12, Bozeman The term "municipal water service" as is used in this Agreement shall be the 4. Municipal Water Service Defincd. FILM 179 PACE 828 4 services to the annexed parcel. The Landowner shalI create such easements in locations width, wilI be necessary for the installation and maintenance of water and sewer utility The Landowner understands and agrees that utility easements, thirty (30) feet in 9. Utility Easements. is officially accepted. County Clerk and Recorder. The City shall file these documents once the Annexation Annexation Agreement is executed, and shall be filed and of record with the GalIatin All parties recognize that these documents must be executed at the time this 8. Additional Terms for Waivers. fQQtage of the property, linear front footage of the property. or a combination thereof. upon signing this Agreement. of said impropvemtns on a fair share, proportionate basis as determined by square these projects. we agree to participate in an alternate financing method for completion In the event Special Improvement Districts are not utilized for the completion of proportionate share of the signalization improvements. one-half of a City Standard Street for the Story Mill Road improvements. and to the Cost of SID improvements are limited to the proportionate share of the cost of Road and Bridger Creek Drive. to Story Mill Road and for signalization improvements at the intersection of Story Mill Improvement Districts which include the Pope Annexation Tract for the improvements The Landowner has executed a Waiver of Right to Protest Creation of Special 7. Waivers of Right to Protest Special Improvement Districts for Improvements to Story Mill Road and Signalization Improvements at the Intersection of Story Mill Road and Bridger Creek Drive. cash-in-lieu of this amount equals $960.07. This amount shall be paid by the Landowner based on the M-I, Light Manufacturing District zoning designation of the property. The property, 3 (three) acre feet per year has been calculated as the amount of water use requirement necessary to provide water on the basis of the zoning designation for the Landowner further understands that the City has calculated the average annual diversion as calculated by the City in accordance with its policy at the time of calculation. The Pope Annexation Tract. The Landowner shall supply such water rights, or fee in lieu, filM 179 PACE 829 5 ()J: ~ ~M,~ Robin Sullivan, Clerk of the City Commission ('' . ) I \ ," \ BY: '.i", 1'1 Ll' )~.) ) " )/':5/ ~)I ^ Ja.pes E. Wysocki, City ~anager Attest: CITY OJ;' BOZEMAN IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. property. with the land and shall not expire at their deaths or upon transfer of ownership of the The parties intend that the terms of this Agreement shall be covenants running 15. Covenantsnto rJ.!ILwith the Land. successors and assigns. to the benefit of, and be enforceable by the parties hereto and their respective heirs, Except as provided in paragraph 17, this Agreement shall be binding upon, inure 14. Successors. whole, or in part, without prior written consent of the City. It is expressly agreed that the Landowner shall not assign this Agreement in 13. N~Assignment. by a writing signed by the parties hereto. No modification or amendment of this Agreement shall be valid unless evidenced 12. Modifications or Alterations. as if such invalid or unenforceable provision were omitted. affect the other provisions hereof, and this Agreement shall be construed in all respects The invalidity or unenforceability of any provision of this Agreement shall not 11. invalid Provision. 10. Governing Law. This Agreement shall be construed according to the laws of the State of Montana. plan, or issuance of a building permit. site plan review procedures, but in no event later than the filing of any final plat or site agreeable to the City during subdivision, conditional use, planned unit development, or filM 179 PACE 830 6 pm \houndary\A NNEX\A941 O. AG R Notary Public for State of Montana Residing at Bozeman ~- . . ( Commission Expires: ,~:, , L~7/ ;/T' .,.'.,71" '~~ ;:to :.."',:,.,.t.;,..-.::..... ,,- ) / : ss County of L ,'",.1/ L/""C'>"'<",,) .' (' j,-h . ~ ,,-<:/ C /') . ;....... 1/1, On this'<,</ day of ,//::"c,,'~>.-, ,_l995 before me, a Notary Public for the State of Montana, personally appeared N .R. Rick Pope, known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he executed the same. ) / /~' STATE OF / "C:;C,7;);" ,;/j olnA- 'ck Pop~ \ v N.R. '- \,.---'L i~ , \L..,.,..V"" " By: LANDOWNER IN WITNESS WHEREOF, I have hereunto set my hand and affixed by Notarial Seal the day and year first above written. ,/{, ?' - . ., .. . ...~- .,if <","",,""'y" . l')' ~i:~',j/ ":". <';.-/-: /;>) .,' .J. \, ",/::, {.[,'f!G ' ,(;,;;'C"L_-, ,/{ ,-/'c ,( c ,,:c :-.' \N,pta~ Pn, i2'~!or State of Montana , 0: R~si,dt.}1g at.l1.o~eman ~ '" Co,nin:J.ssion=E~pires: /' (;-',9 ;- " · 4'. ""., \-::~.... ~,I'." /-. i'~' .; ). l . i>o, . ,) ..: . , -{-' " )j.' , . /> County of ( 7;i1 i ,{'.'I ,::'/c ,,' ) ;;/ ,(l.,.' / /~ /~~i~ ,"... i....,.!~ ... r~ ,. / / "', . Onthls 7'11 day of (' C?-',d', l "l995 before me, a Notary PublIc for the State of Montana, personally appeared James E. Wysocki and Robin L Sullivan, Known to me to be 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. : ss ) STATE OF MONTANA filM 179 PACE 831 7 the above-described property. resolution of intention to create one or more special improvement districts which would include against the extent or creation of the districts to be assessed in response to a duly passed We further waive our right to make any written protest against the proposed work or thereof. property, linear front footage of the property, taxable valuation of the property, or a combination improvements on a fair share, proportionate basis as determined by square footage of the projects, we agree to participate in an alternate financing method for completion of said In the event Special Improvement Districts are not utilized for the completion of these Mill Road improvements, and to the proportionate share of the signalization improvements. limited to the proportionate share of the cost of one-half of a City Standard Street for the Story intersection of Story Mill Road and Bridger Creek Drive. Costs of the SID improvements are including paving, curb/gutter, sidewalk, and storm drainage; and 2) Signalization at the one or more special improvement districts for: I) street improvements to Story Mill Road our heirs, personal representatives, successors and assigns, the right to protest the creation of development of the above-described property, have waived and do hereby waive for ourselves, which is hereby acknowledged, in recognition of the traffic that will be generated by the accompanying rights and privileges and for other and valuable consideration, the receipt of IN CONSIDERATION of receiving annexation to the City of Bozeman, along with A tract of land in the NE corner of the N 1/2 of the SE 1/4 ( N 1/4 of SE 1/4 ) of Section 31, Township 1 South, Range 6 East, P.M.M., more particularly described as follows, to wit: beginning at the NE corner of said N 1/2, SE 1/4, thence running west along said quarter section line 285 feet; thence southerly 153 feet; thence east parallel with the north quarter section line 285 feet, more or less, to the east line of said N 1/2, S 1/4, thence north along the east line of said N 1/2, SE 1/4, 153 feet, more or less to the point of beginning. of Montana, and more particularly described as follows: We, the undersigned owner of the real property situated in the County of Gallatin, State WAIVER OF RIGHT TO PROTEST CREA TION OF SPECIAL IMPROVEMENT DISTRICTS WHICH WOULD INCLUDE PROPERTY LOCATED AT 1233 STORY MILL ROAD EXHIBIT" A" fIlM 179 PACE 832 8 IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day an(I,.year first above written., ,"'~ \,\ ~ 0 t'l <'Ii /rr4 '..,.; v.;\', k, ~'~''', ,'\" V .....l'~' ,~ ..-..J ,,'\ u.l.) .....'" .J::> ~ ";.\ ~rlr' 4,0\' d'''(,;,,) .< \ .)\ " (/,~/ ", / ,.,.-..,. i .) .... /"/.... , ,// _,{(<",' :/</(>?~;:"__"~'i/-:::C_C:~ (, Notary PublIc for) State ()f-i','<:: Residing at ,\,-,~7L-'("",.2/!, My Commission Expires: . "/-:>? {.".,;';;2-- - " ,/.... /;/(! On this <,? day of/~/_:':>'(!!>-?:: :2,',1-995, before me, a Notary Public for the State of Montana, personally appeared N.R. RICK POPE, known to me to be the person whose name is subscribed to the within in'::trument. and acknowledged to me that he executed the same. County of Gallatin :ss STATE OF MONTANA .. y lc/k ~ N.R. RICK POPE, \ ,./' \--- 19 DATED this _ day of above and that we have a lawful right to convey the property or any part of it. We warrant that we are lawfully seized and possessed of the real property described This waiver shall be a covenant running with the land and shall not expire. WAIVER OJ;" RIGHT TO PROTEST CREATION OF SIDS POPE ANNEXATION TRACT 1233 STORY MILL ROAD PAGE 2 OF 2 FILM 179 PACE 833 t and hereunto :se ~~ 1 how <Dove. IN W11NE~"~d .-.:, 'IIr-:l-, wr1;lt~en ~ hJl on ~""oy ~n_'f ,_ '// ~/ ,.", 't.'H E ,.It'C{-<,' ". , , for the Stote 01 ,c' ",'v .. ,j- .. . ,."", ."~~~, .. :Ai ' " . - ~ Montono onlono, _ :;-:: ...~~. OT 1\ I( \~<_ Bozeman. M ,/2;:S ~ ~ --l:;. \\, I [ '. . 'on "",,,res : ..,: , . My Comm,_ ::. "'-'. .... ,- ~ ~ 10 (J B \' \ :' '_~ -W' , _ _--. .:. ...... ", '-"', "~ -V' ",> y ~. /:,..... - IlIiiIIlioI ~ t!'. STATE OF MONTANA ) )ss. Counly of G<lllotln ) ~ "It On thla L day 01 1995, before me, a Natary Public for the State 01 nl n<l, personall y op peared Rex Eastan. known to me to l>e ll1e Prnident af Gel 1 Coo,"e Partners, Inc., Ihe corpQrofion th~t executed the abOYlll! easern:ent and ocknowledQed to - me- that ~ executed the scm e for and on behaI 1 of said corporation, OF rU--, MORRISON cl:IJ MAIERLE,blc. --- ......na ............ ~.S'J'I.,...{iIIII-....rl r. IlIE'WICtI DATE:: REWIICIt 0l\1t: DIU_ BV'. IIlCH DA~ Di~ -- - - ..- ..,- --- >;.. +J+J ''--; +J U,::I:: o .. o E-< . ~ <j< Lf) *F>- a; a; ~ 'P1f!BII1"J'1' IU..P lJ)' .. ......,. ClIEEX ..-.... Course Partners. 1nc. OA TEl) thi5 1.. GRANTORS day of $141. , 1995, I l'l! :gl I NORMAN R. POPE 86 Fill 1950 Th e term5, coven ani... and pro"slons of thl5 eG!IOrTIent &1 all extend to and be bln<!ing upon the heifs, ..ceu tors, adm In i<ltrators, penmn 01 representatives. successors. an.d assigns of the parties hereto. POPE PARCEL 1.00 ACRES The GRANTORS furthllllr 09re.a that the GR....~TEE may peaceably hold -end en joy th e rights 00 d pri"'egos herein g,ooted without on y interruplioo by the GRANTORS. The GRANTORS W<Jrrant that they ore la"fu~y .eized and po..elioed the reel property described above. lI1al they have an<! thol they ,"~I loro_ defend the titl e 10 th la property ogolnst the clolrna of -all persons. The slde lines cf said ea.sem en t being lengthen ed or !lit! ortened os required- so as to beg in on th e north I me of said Pope Perce! and end an said south right-of-way Une of Boytan Rood. Containing 6OJ. square feet. more or less. al ----- . Thence olong &Old cent8rlin 0 01 a 30,00 foot wide !IOn lIary after aervfce easement, N or 4lI' 41" W, a <I1stonce al 20,00 feet to lI1e soull1 right-of-wcy line of Botoo Road, said right-of-way line- hcving lJ beann g ot S 77" 3';' 00 W: _ ___ _ BO~ ROAD ------- -- ________ - S 77'33'00' W - - - \ I \ I I I \ I \ I 1 \ I I I \ I \ \ I \ I \ I \ N SEWER Thence c~on 9 the north I ine of - the N.R Rick Pope pOn::B de9Cribed Film S6 Page , gSO. G<lll atln County Recotcls, S 88" 31' 27" W, 0 d",tance of 23B,67 feet 10 the True Point of Beginning; A 30,00 of wh ich Commmcin9 at th ill n orthea:st com'Cl!r of S 02" 32' 23" E. 0 dlat<l1ce 01 263295 comer of scld SceUoo 31; foot w!de :!I:O'I"Iltory :1111i'WElf" 9ervice eaMm en t. la more portlculari y desaibod bel OW; sard See Uon J1. thence leet to Ihe east 1/4 in the centeriirre a:iIIII: .u. _ IU. ......,... SlIMY '0' __ X_US ......... SlIMY --- o FtUlDIIICIUIIJITM~ . ~....... _ W1H , 1/~ fIU,S8C CJiI'~ IMIIlID _~iIIKJI1E IIC,.- po..a.a. PGIfT (IF ...-.:iI ....,,"""'" .......... IHC. A tract 01 lond 10C<lted in Section 31, T ownsh Ip 1 Soulh, Ronge 6 Eaat. p, M.M,. crl Y 01 Bozeman, GollatTn Coon ty, t.lonlo"", described as follows: LKaA.L nI!C!I"'JllP'IN" Golf Course Partn ers, In c. gf BozemcJO, Montana.., GRANTORS, in consideration of receiYin'=l good and ~uable coosiderotion.. recejpt of "" Ich I. hereby ockn<llllledQOd, gran t to N, R. Rick Pope of 123J Story Mm Road, Bozeman, Moo l<lna. 59715, GRAN lIT, an ea.em enl .sanitary sewer :service- purpose!" ac:roS!J, O'i'Sl'". under en d along- the foil owin 9 dellCrlbed troct 01 I and: for A tRACT Of RANGE S EA$l', EXHIBIT A UTILITY EASmNT LANJ I.OCA lED IN SECTION 31, TO'IIMSIlIP , SOUlH. P.II.M,. crr OF BOZEMAN, GAlLA lIN COUNrr. MONTANA. SCAlE: ,'-60' -. -;- ! : J I I 3 ~ I ;" \ Q li I \ r--- I I \ I I \ \ ;; lL \ !i. I "! 1 i ~ I I \ l I \ .-E '1/4 SECTION 31 L___ I I I \ S I I Ii! m \ 1 i! ~ \ 1!~iU ~ 1 ~~'" ~ ~ \ ~;i~~~ Sii 1 ,,'i!Qfi~3 1 ~\ 01 tit '27~ 12' P,U,E, ----f------------ ---------- in 0> N 0'1 <0 N W . 0'1 N N 0'1 N o Ul ml~ r- 00 '"" ~ ~ I "-' .......,' g 2] ~ UJ~ ,..., Q - "'" ~ c ,.... r' ...... ,-,' o ~ ~ n c:: ~ '-' ~-' - . ~ ~ >- - ~ ,~ < :;> - C Z < .,... "'" >:: ro > -,--; >::'"" ro'"" E ::1 Q) UJ. N o C (11-.--1 .Q 4---< 0 O~ >-< ,:::J E-< 0:8 '<j< ~ ,,., ~ r-' """ , ,.... 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