HomeMy WebLinkAbout95- Scenic Developers / Karen Neibauer Annexation Agreement
fiLM 155 PACE 1755
ANNEXA TION AGREEMENT FOR
SCENIC DEVELOPERS/KAREN NEIBAUER
THIS AGREEMENT, is made and entered into this 15
fll/th day of
May , 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 referred to as "City", and SCENIC DEVELOPERS, INC., of 205A
SOUTH 20TH AVENUE, BOZEMAN, MONTANA, 59715, AND KAREN NEIBAUER, of
28 NORTH 25TH A VENUE, BOZEMAN, MONTANA, 59715, hereinafter referred to as
"Landowners" .
WHEREAS, the Landowners own in fee simple certain real property situated in the
S 1/2, E 1/2, W 1/2, SW 1/4, NE 1/4, Section 11, T2S, R5E, PMM, Gallatin County,
Montana, and more particularly described as follows:
Lot, 1, Egbert Subdivision and Lot 1 of Certificate of Survey 1840, commonly
known as 28 North 25th Avenue and 2500 West Babcock Street. Said tracts
being 5.47 acres along with and subject to any existing easements.
WHEREAS, the Landowners have requested annexation of the contiguous tract; and
WHEREAS, the Landowners recognize that the annexation of the above-described
property, herei nafter referred to as the "Brookside Annexation Tract" wi 11 entitle the
Landowners 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, the landowners wish to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the property; and
WHEREAS, the CIty's present sewer service system is insufficient to ~ii.able it to 5upply
reasonable sewer collection service to additional customers outside the present City boundaries;
and
~~
-t~
0.0
(;)c
i~
no
C"
c~
~g
~,.,
fiLM 1SSPAGE1756
WHEREAS, all parties recognize that the development of the Brookside Annexation
Tract will eventually require connection to City water and sewer systems; and
WHEREAS, all parties recognize that the development of the Brookside Annexation
Tract will impact West Babcock Street, and the intersection of West Babcock Street and West
Main Street; and
WHEREAS, all parties recognize that the development of the Brookside Annexation
Tract will impact West Babcock Street, and the intersection of West Babcock Street and West
Main Street; and
WHEREAS, the Landowners find that this Annexation 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 the Brookside Annexation Tract for development of
Brookside Subdivision; and
WHEREAS, the making and performance of this Annexation 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 Landowners understand and agree that no development shall be
approved for any of the Brookside 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:
1. Recitals.
The above recitals are true and correct.
2
fiLM 1SS?ACE1757
2. Annexation.
The City Commission will annex the Brookside Annexation Tract in accordance
with its decision on December 5, 1994.
3. Services Provided by City,
Pursuant to Section 7-2-4409, M.C.A. and Commission Resolution No. 3023, the
City will, after annexation, make City services, including water and sewer, available to
the Brookside Annexation Tract.
4. Municipal Water Service Defined.
The term "municipal water service" as is used in this Annexation 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 for delivery of water to and within the
Brookside Annexation Tract or 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 Annexation 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 for collection of sewage at and within the
Brookside 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:
3
fiLM 155 PACE 1758
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.
Section 2, No.5, Commission
Resolution 2716 adopted October 3, 1988.
The Brookside Annexation Tract consists of approximately 5.47 acres. The
Landowners understand and agree that they must provide sufficient water rights for the
Brookside Annexation Tract in accordance with City 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, 20.09 acre feet per year has been
calculated as the amount of water use based on the "R-3, Residential Medium Density
District" and the "R-3(a), Residential Two-}i'amily, Medium Density District" zoning
designations of the property. The cash-in-lieu of this amount equals $7,223.29. This
amount shall be paid by the l."andowners upon signing this Annexation Agreement.
7. Waivers of Right to Protest Special Improvement Districts,
The Landowners have executed a Waiver of Right to Protest Creation of Special
Improvement Districts which include the Brookside Annexation Tract for the
improvements to West Babcock Street. This Waiver is attached hereto as Exhibit A.
The Landowners have executed a Waiver of Right to Protest the Creation of
Special Improvement Districts which include the Brookside Annexation Tract for
improvements to West Mendenhall Street. This Waiver is attached hereto as Exhibit
.
~,
The Landowners have executed a Waiver of Right to Protest the Creation of
Special Improvement Districts which include the Brookside Annexation Tract for
improvement~; to the intersection of 'Vest Babcock Street and West Main Street. This
Waiver is attached hereto as Exhibit A,
10. Dedication of Roadway Easements or Rights~of-Way.
The Landowners have agreed to dedicate a forty-five foot wide right-of-way along
4
fiLM 155PACf1759
the eastern boundary of the area annexed for rights-of-way improvements to West
Babcock Street. The Landowners shall be responsible for all dedication costs including
survey and platting costs, The dedication shall be granted in writing when this
Annexation Agreement is formally accepted, and shown on the final subdivision plat.
11. Additional Terms for Road Easements and Waivers.
All parties recognize that these documents must be executed at the time this
Annexation Agreement is executed, and shall be filed and or recorded by the City with
the Gallatin County Clerk and Recorder.
12. 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 easements in locations
agreeable to the City during subdivision, conditional use, planned unit development, or
site plan review procedures, but in no event later than the filing of any final plat or site
plan, or issuance of a building permit.
13, Deed Restriction.
The Landowners have agreed to file a deed restriction which prohibits townhouses
on the area annexed unless the proper number of sewer and water service stubs have
been extended to the area annexed prior to road improvements on West Babcock Street
and the future Twenty-Fifth Avenue. This restriction shall be executed when the final
subdivision plat is filed.
14. Governing Law,
This Annexation Agreement shall be construed according to the laws of the State
of Montana.
15, Invalid Provision,
The invalidity or unenforceability of any provision of this Annexation Agreement
shall not affect the other provisions hereof, and this Annexation Agreement shall be
construed in all respects as if such invalid or unenforceable provision were omitted.
5
FILM 155 PACE 1760
16, Modifications or Alterations.
No modification or amendment of this Annexation Agreement shall be valid unless
evidenced by a writing signed by the parties hereto,
17. No Assignment.
It is expressly agreed that the Landowners shall not assIgn this Annexation
Agreement in whole or in part without prior written consent of the City.
18. Successors,
Except as provided in paragraph 17, this Annexation Agreement shall be binding
upon, inure to the benefit of and be enforceable by the parties hereto and their respective
heirs, successors and assigns,
19. Covenants to Run With The Land,
The parties intend that the terms of this Annexation 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 Annexation Agreement
to be executed the day and year first above written.
KAREN NEIBAUER
BY :9 p,~ '11 p J>.a ........u_k..-J
STATE OF MONT ANA )
:ss
'I /7;/-;' -
County of ':")/l(f 'ctlL, \. )
.(., On this ~.2 <2 rd/th day of /";6 'Ur a..~-.
,,'\...' f~~.~~g~~~f~onta~a, personally app~ared Karen
'~~" ~PP~fi1~,NlS'..$,ubscnbed to the above Instrument an
o '\\lt~Hsame':. l1i!i: \',
" .~,:::
S ';::l\..4rj'~iTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
,"'~~': S~~ ~~~~j~~~.d year first above written,
,;- (' >~1:~Y'; ; ,
C';6~~f II od9--tP-<~
Notary Public for the State of Montana
Residing at Bozeman
, 1995, before me, a Notary Public
ibauer, known to me to be the person
acknowledged to me that she executed
Commission Expires:
~/ 11jf:,.
6
fiLM 155PACE1761
SCENIC DEVELOPERS INC.
BY:
John Marks, President
STATE OF MONTANA )
:ss
County of
)
On this ':S rd/th day of \~-\(tI.\C\-1 , 1995, before me, a Notary Public
for the State of Montana, personally appeared John Marks, known to me to be the President
of Scenic Developers Inc., the corporation who executed the foregoing Annexation Agreement,
and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
\\~ 6\-1(" C >'--:.\ '\()')(i,\)(;,c,<:\(,ji
Notary Public for the State of Montana .
Residing at Bozeman
1;:--"
f'
1;,'
;" .f'.. ~'~.~., .0"., ti.~.J;;~~nl.
;. -" (\'- (\ C
ComlTllssion Expires:
'" C'/
I_~~),- ((, -- \ l:J
\ \', ' '. \ . ; ~ l I . :" " , ,'.'
"". c: f. DI,: "'"
, <'. ~ '!)C "
...,.... r'.""'" .._.....t-......' I,.... ~"'"
, ~".. , . ,I ,
} ~.... ..." ~ i'll'l' .',..0 ~-;
: ~~,.11 ,'.' '. \.H.\t,,- t '" ~ ~
~ lC:~ ~~v~ 1\ 1 i ~
~ ....0 J..:A t-'}. L~ ... ,~
\ "'. ." "?' /'
'1"';, ~ t.,. .~.. t--:> ...~
,~r~ ,....... ,A;,' ""
'11 ;-2 0 r! 'I ~ ~,'".''' 1I~"
~111;1 '... l~ . \' \.-'
1,~" t t H I ~. \
/
CITY O}' BOZEMAN
"i
J. "\
'.......' · , J. ! ,
\">"'''j, , ii', ,I . L''', ,; I", ," .'
-"~--A.. \. \. ~-,--,,-- '- '~'\..,"~ ""'~, t'O<,/"
~ James E. '\\rysocki --
City Manager
ATTEST:
GJ:.;!o y.,;} 4"" 0
6-Ifiv:ix/ ~'
';l.J "Robih~ullivan
",'-' Clerk of Commission
,\ ,
, .....,.\\,~\)
>..:::":",""'.....'I'....f..,"::-..:" "
\,i~ ~r"." ,..,. '! .
J,~ :t ^:! ;, .:,~
pm \houndary\ANNEX\A9408,AGR
DOCUMENT U 309390
State of Mont., County of Gallatin. 55 Flied for r
at 11: 47 A~M., anr1,.recorded ffl Book 155
SheRe, M. tb~ _ Recor~81. ..,
RT: CITY OF BOZEMAN
FEE: $42.00
7
H'