HomeMy WebLinkAbout94- Schrenk Annexation Agreement
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FILM 152PACf2295
SCHRENK ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this IZ1E day of D2CErYJ~ ,,1994,
by and betwecn thc CITY OF BOZEMAN, a municipal corporation and political subdivision of the
Statc of Montana with offices at 411 East Main Street, Bozeman, Montana 5977] -0640, hereinafter
referred to as "City" and ANSON H. CRUTCHER, President, Crutcher & Jacobson, lnc" for
Babcock Place Limited Partnership, 874 Gravenstain Highway, Suite 6, Sebastopol, CA. 95472-4555,
hereinafter referred to as "Landowner",
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WHEREAS, Anwn II. Crutcher is owner in tee of a tract of certain rea] property, hereinafter
rcterred to as the "Schrenk Annexation" situated in Gallatin County, Montana, and more particularly
described as follows:
A tract ofland containing 13,]3 acres dcscribed on Certificate of Survey 3 Film 297
together with the East one-half of the East one-half of the Northwcst one-quarter of the Southwest
one-quarter of said Section 11, Township 2 South, Range 5 East, Montana Principal Meridian,
Gallatin County, Montana,
WHEREAS, thc Landowner has petitioned thc City for annexation
of the contiguous tract; and
WHEREAS, all parties recognize that the annexation of the Sclu-enk Annexation pursuant to
Section 7-2-4301, et seq" M,C.A" will entitle the said tract 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 ofthe Schrenk Annexation will impact
W cst Babcock Street and will require additional public streets for traffic circulation; and
WHEREAS, the Landowner wishes to convey to thc City certain water rights or take some
equivalent action to provide water and sewer scrvice to the Schrenk Annexation; and
WHEREAS, the Landowner finds that this agreement will provide for the most satisfactory
and dependable water supply or service available to fumish water and provide traffic circulation for
development within the Schrenk Annexation; and
WHEREAS, the making and performance of this agreement is dcsirable to promotc the
development of the most adequate watcr supply and traffic circulation pattcrn for the City as it now
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[(tM 152rAGf2296
exists and as it is reasonably expected to enlarge; and
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:
1, Recitals,
The above recitals are true and correct.
2, Annexation,
The City Commission will annex the Schrenk Annexation in accordance with its decision on
May 24, 1993.
3, Services Provided,
Pursuant to Section 7-2-4305(2), M,C,A" and Commission Resolution No, 2914, the City
will, after annexation, make City services, including water and sewer, available to the Schrenk
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 docs not
contemplate the extension oflines or construction of necessary improvements at any cost to the City
for delivery of water to and within the three parcels 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 l3,24, 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 thc extension of lines or construction of necessary improvements at any cost to the City
for collection of sewage at and within the Schrenk Annexation or any hookup, connection, or
development charges which may be established by the City,
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filM 152 PACf2297
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
watcr rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual
constUllption 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 fmal plat approval of each
development phase.
Section 2, No, 5,
Commission Resolution 2716 adopted
October 3, 1988
The Schrenk Annexation consists of approximately 13 ,13 acres
The Landowner understands and agrees that he must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
A, Schrenk Annexation, consisting of a total of 13,13 acres, prior to fmal subdivision plat
approval, tinal site plan approval or the issuance of any building permit, whichever occurs
first.
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 shall calculate 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,
7. Waiver of Right-to-Protest Special Improvement Districts to West Babcock Street.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements to West Babcock Street. This waiver is attached hereto as Exhibit A.
8, Waiver of Right-to-Protest Special Improvement Districts for Signalization at the Intersection of
West Babcock Street and West Main Street.
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for signalization improvements at the intersection of West Babcock Street and West Main
Street. This waiver is attached hereto as Exhibit B.
9, Payback to Special Improvements District No, 622 Account for Connection to Existinll Water
Main,
Landowner acknowledges and agrees that the development of this property will utilize an
existing Water Main in West Babcock Street, which is constructed by Special Improvements District
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filM 152 PAC (2298
No, 622, Pursuant to Special Improvements District No, 622, and prior to fmal subdivision plat
approval, and connection to this watcr trunk, the Landowner shall pay a prorate share of the project
costs associated with original installation ofthat trunk, The prorate share is equal to Seven Hundred
Fifteen Dollars and Fifty Cents ($715,50) per net acre annexed. Landowner shall pay in one lump-
sum payment the amount of Twelve Thousand Eight Hundred Fourteen Dollars and Sixty-One Cents
($12,814,61) for all land annexed in accordance with this agreement, the Barfknecht Anncxation
Agreement, and the Haggerty Annexation Agreement, being a total of 13,13 net acres, and 27,29
gross acres annexed, This lump-sum payment shall be reimbursed to Special Improvements District
No, 622 (Water Fund Account),
10. Payback to Harry and Kathleen Daum for Conncction to Existing Sewer Main,
Landowner acknowledges and agrees that the development of this property will utilize an
existing sewer main in Durston Road, which was constructed by Harry and Kathleen Daum, Pursuant
to a September 29, 1976 agreement, connection to this Main will require a payback in the amount
of Seven Thousand Eight Hundred One Dollars and Sixty Cents ($7,801.60), Landowner shall pay
said one lump-sum amount for aU land annexed in accordance with this agreement, the Barfknecht
Annexation Agreement, and the Haggerty Annexation Agreement, being a total of 27.29 gross acres,
This amount shall be paid to the City of Bozeman prior to final subdivision plat approval and prior
to thc timc connection is made to the sewer main for this property.
11. Additional Terms for Waivers,
All parties recognize that thcse documents shall be filed and of record with the Gallatin
County Clcrk and Recorder prior to the sale of any land within the Schrenk Annexation by the
Landowner, and the parties agrce that the City may file these documents at any time.
11. Utility Easements.
The Landowner understands and agrees that utility casements, a minimum of 30 teet in width,
will be necessary for the installation and maintenance of water and sewer utility services to the
annexed parcels, The landowners shall create such casements in locations agreeable to the City
during the subdivision procedure or planned unit development procedure but in no event later than
the filing of any final plat or 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,
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fiLM 152PACE2299
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 Alterations,
No modification or amendment ofthi<; agreement shall be valid unless evidenced by a writing
signed by the parties hereto,
15, No Assi2nment.
It is expressly agreed that the Landowner shall not assign this agreement in whole or in part
without prior written consent of the City,
16. Successors,
Except as provided in paragraph 16, 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 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,
CITY OF BOZEMAN
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Its City Manager
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ANSON H, CRUT H R, President
Crutchcr & Jacobson, Inc,
A Montana Corporation, Gcneral Partner
For Babcock Place Limited Partners,
A Montana Limited Partnership
STATE OF MONTANA )
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COUNTY OF GALLATIN)
On this jL day of ,:)/ (i,,''; ;2-~ , 1994, before me, a Notary Public for the State of
Montana, personally appearcd Anson I-L Crutchcr known to me to the person whosc name is
subscribed to the within instrument and acknowledged to me that he 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"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT. CURB. GUTTER. SIDEWALK. AN D DRAINAGE
TO WEST BABCOCK STREET
1, the undersigned owner of real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract ofland containing 13.13 acres described on Certificate of Survey 3 Film
297 together with the East one-half of the East onc-half of the Northwest onc-
quarter of the Southwest one-quarter of said Section 11, Township 2 South,
Range 5 East, Montana Principal Meridian, Gallatin County, Montana,
IN CONSIDERATION, of receiving annexation approval fTOm 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 West Babcock
Street which will be caused by the development of the above-described property, have waived and
do hereby for myself, my 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 West Babcock Street to one-half local 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 inelude the above-described property,
This waiver shall be a covenant running with the land and shall not expire at my 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,
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f1L~ 152 ?AC[2J(,2
Schrenk Annexation Agreement - Exhibit "A"
Waiver of Right-to-Protest Creation of S.I,D,
W cst Babcock Street
Page Two of Two
DATED this (215day of PECEn>8&C ,
ANSON H. CRUT R, President
Crutcher & Jacobson, Inc,
A Montana Corporation, General Partner
For Babcock Place Limited Partners,
A Montana Limited Partnership
STATE OF MONTANA
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COUNTY OF GALLATIN)
On this /2 day of ,.;JI< /,,'.ih),~ 994, before me, a Notary Pubic for the State of
Montana, personally appeared Anson H, Crutcher, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executcd thc same,
TN WITNESS WHEREOF, I have hereunto sct my hand and affixed my oflieial seal the day
and year first above written,
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:lL~ 152 PACl2.303
EXHIBIT "8"
WAIVER OF RIGHT TO PROTEST
CREA nON OF SPECIAL IMPROVEMENT DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTION OF WEST MAIN STREET
AND WEST BABCOCK STREET
I, the undersigned owner of real property situated in the County of Gallatin , State of Montana,
and more particularly described as follows:
A tract ofland containing 13,13 acres described on Certificate of Survey 3 Film 297
together with the East one-half of the East one-half of the Northwest one-quarter of
the Southwest one-quarter of said Section 11, Township 2 South, Range 5 East,
Montana Principal Meridian, 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 ofthe impact to the intersection of West Babcock Street
and West Main Street which will be caused by the development ofthe above-described property, have
waived and do hereby for mysclf~ my heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the creation of one or more special improvement
districts for signalization at the intersection of West Babcock Street and West Main Street 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 my 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, adminstrators, personal representatives, successors and assigns of the parties hereto,
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Sehrenk Annexation Agreement - Exhibit "B"
Waiver of Right-to-Protest Creation of S,I.O,
Signalization at West Babcock Street and West Main Street
Page Two of Two
o A TED this 12 If., day of be: ce.rn6a:<- , 1
ANSON H, CRUTCH , President
Crutcher & Jacobson, Tnc,
A Montana Corporation, General Partner
For Babcock Place L,imited Partners,
A Montana Limited Partnership
STATE OF MONTANA )
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COUNTY OF GALLATIN)
On this ~__.-.L2..::.._ day of.:)i',i",~J ~ , 1994, before me, a Notary Pubic for the State of Montana,
personally appeared Anson H, Crutcher, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same,
IN WITNESS WHEREOF, T 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
M,on.l~na,
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303485
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State of Mont., County of GaUaVn. IS FHed for *ord APRIL 5 , 19 95
at 2: 33 pM., and recorded in Book _152 0;._", MISCELL~OUS "page .._221.2
SileiIey ,M. ChIDBY Recorder. By v 'YJA./iiJ/ /./ ,,' ~41 ~(AI ~ Ueputy
RT: CITY OF BOZEMAN P?
FEE: $ 6 0 . 00