HomeMy WebLinkAbout97- Smith Annexation Agreement
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flL~ 178 ?~.I~t3J7~J
ANNEXATION AGREEMENT
FOR
Smith Annexation
THIS AGREEMENT is made and entered into this 21st day of July
1997, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision
of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640,
hereinafter referred to as "City", and Doug L. Smith, 4521 Durston Road, Bozeman, MT 59715,
hereinafter referred to as "landowner".
WHEREAS, landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the "Smith Annexation", situated in Gallatin County, Montana, and more particularly
described as follows:
A tract of land containing 19.957 acres and being described as the east 1/2 of the
west 1/2 of the east 1/2 of the southeast 1/4 of Section 3 of T2S R5E, PMM,
Gallatin County, Montana, and being located in the 4500 block of W. Durston
Road.
WHEREAS, the landowner has petitioned the City for annexation of the contiguous tract;
and
WHEREAS, all parties recognize that the annexation of the Smith 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 of the Smith Annexation will
impact Durston Road and Oak Street, and will require additional public street improvements for
traffic circulation; 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 Smith 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 development within the Smith 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
necessary and of mutual advantage to the parties hereto.
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frlM 178 PACf3380
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 Smith Annexation in accordance with its decision on
April 15, 1996.
3. Services Provided.
The City will, upon annexation, make currently existing and available City services,
including water service, sewer service, police protection, and fire protection, available to the
Smith Annexation, as provided in this 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 parcel 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 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 Smith Annexation or any hookup,
connection, or development charges which may be established by the City.
6. Water Riahts.
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 anticipated
average annual consumption of water by residents and/or users of the 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 final plat approval of each development phase.
Section 2, No.5, Commission Resolution 2716 adoptedOctober 3, 1988
The Smith Annexation consists of approximately 19.957 acres.
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fILM 178 PACE3381
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The landowner understands and agrees that he must provide sufficient water rights in
accordance with the City's policy at the time the property is developed.
7. Correction of Municiple Code Deficiencies
The landowner agrees to correct Municiple Code violations currently present on the
property within 30 days of the date of the this annexation agreement. If such violations are not
corrected within the specified time period, the City may take the necessary enforcement actions
to correct said violations. Current violations include parking a recreational vehicle other than in
the rear lot on the premisis of an occupied dwelling (18.50.030.C), and allowing junk or refuse to
accumulate where it is offensive to neighbors or may be blown into the street.
8. Waiver of Riaht-to-Protest Speciallmorovement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements to Durston Road and Oak Street. This waiver is attached
hereto as Exhibit "A."
9. Additional Terms of Waivers.
All parties recognize that these documents shall be filed and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land within the Smith Annexation and the
parties agree that the City may file these documents at any time.
10. Utilitv Easements.
The landowner understands and agrees that utility easements, a minimum of 30 feet in
width, will be necessary for the installation and maintenance of water and sewer utility services to
the annexed parcels. The landowner shall create such easements in locations agreeable to the
City during the appropriate 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.
11. Right-of-Way/Utility Easement for Future Roadwavs.
Landowner agrees to dedicate, by written easement, the following land to the City of
Bozeman for right-of-way and utility purposes.
a) a strip of land forty-five (45) feet wide along the south property line for Durston Road.
b) a strip of land thirty-two and a half (32.5) feet wide along the north property line for
the extension of W. Oak Street.
12. Pavment of Impact Fees
The landowner has paid $600.33 for Fire and Street Impact Fees for the existing
structure before signing this Annexation Agreement. He agrees to pay Sewer and Water Impact
Fees at the time the existing structure is connected to those city services.
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filM 178 PACE3382
13. Governina Law,
This agreement shall be construed under and governed by the laws of the state of
Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial
District Court, Gallatin County, State of Montana.
14. 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.
15. Modifications or Alterations.
No modification or amendment of this agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
16. 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.
17. 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.
18. 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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=- *:. "SE""A'L:;i('~~.:.'
\~;"~~;~~~TANA )
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,: ,N'-' :ss
County of Gallatin)
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On this ~ day of C;; DnA 1 , ,1997, before me, a Notary Public for the State of
Montana, appeared Doug l. ~n to me to be the person descnbed In the within
instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
~~'i JJ!:u/(
Notary Public f~t~te of Montana
Residing at c.~.J D
Commission Expires: Ifll~/ Cjtt
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C erk of the City Commission
STATE OF MONTANA)
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County of Gallatin)
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fILM 178 PACl3383
THE CITY OF BOZEMAN
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Byi~ City Manaaer
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On the;~ day of , 1997, before me, a Notary Public for the State of
Montana, personally appear~ C1 ark V. Johnson and Robin l. Sullivan, known to me to be the
persons described in and who executed the foregoing instrument as Ci ty Manaqer 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.
,}t;l YVITN~SS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and~/..*, .' f1rst:.t.~_Ii!!.te...... ab. ove. _
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fILM 178 PACE3384
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WHICH WOULD INCLUDE PROPERTY
KNOWN AS THE
Smith Annexation
I, the undersigned owner of the real property situated in the City of Bozeman, County of Gallatin,
State of Montana, and more particularly described as follows:
The east 1/2 of the west 1/2 of the east 1/2 of the southeast 1/4 of
Section 3 of T2S R5E, PMM, Gallatin County, Montana, containing
19.957 acres,
IN CONSIDERATION of receiving approval for annexation 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 and other impacts that will be generated by the
development of the above-described property, have waived and do hereby waive for myself, my
heirs, personal representatives, successors and assigns, the right to protest the creation of one or
more special improvement districts for: 1) street improvements to Durston Road, including paving,
curb/gutter, sidewalk, and storm drainage improvements; and 2) street improvements to W. Oak
Street, including paving, curb/gutter, sidewalk, and storm drainage improvements.
In the event Special Improvement Districts are not utilized for the completion of these
projects, we agree to participate in an alternate financing method for completion of said
improvements on a fair share, proportionate basis as determined by square footage of the property,
linear front footage of the property, taxable valuation of the property, or a combination thereof.
I further waive my 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 above-described
DATED this -/-.!2 day of
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" On this JJ2!!:. day of ~!\AQ, , 1997, before me, a Notary Public for the State of
Montana, personally appeared ug l. Smith, known to me to be the person who executed the
within 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.
property.
This waiver shall be a covenant running with the land and shall not expire.
I warrant that I am lawfully seized and possessed of the real property described above and
that I have a lawful right to convey the property or any part of it.
/J /J-1-{ -Il _,1997.
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State of Montana I ss
County of Gallatin
fad NOVEMBER 10 .1997
at 11 : 41 A M., and
Recorded in book 178 of
,MI~}~~EO~~~age 3379
--;-.., County Clerk~& R rder
By~~ ~_~___
c7 epu
Fee$ 36.00 CRG
RT: CITY OF BOZEMAN
ATTN: ROBIN SULLIVAN
353960
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A 32.5 FOOT WIDE filM 178 PACf3385
ROAD EASEMENT AND AGREEMENT
---"\
Doug Smith of 4521 Durston Rd., Bozeman Montana, 59715, the GRANTOR(S), in consideration
of
One
Dollar ($ 1.00 ) and other good and valuable consideration, receipt of which
is acknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State of Montana,
411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual
easement for the purpose of ingress and egress through, and across a strip ofland situated in Gallatin
County, Montana, 32.5 feet wide to be located on the following described real property:
Doug Smith Tract
A Tract of land being a portion of the East Half of the West Half of the East Half of the Southeast
Quarter of Section 3, Township 2 South, Range 5 East, P.M"M., Gallatin County, Montana, being
more particularly described as follows: Beginning at a point which is S 89048'24" W a distance of
659.11 feet from the East Quarter comer of said Section 3; Thence from said True point of Beginning
SOl 009'38" W a distance of32.51 feet; Thence S 89048'24" W a distance of329.53 feet to a point
on the east line ofland described in film 132, page 4365 of Gallatin County Records; Thence along
said line N 01006'58" E a distance of32.51 feet to a point on the east-west mid section line of Section
3, Thence along said line N 89048'24" E a distance of329.55 feet to the True Point of Beginning.
Said tract being 0.246 acres or 10,716 square feet.
The easement is more particularly described on the attached Exhibit A, which by this reference are
made a part hereof.
It is expressly intended and agreed that these covenants, burdens, and restrictions shall run with the
land and shall forever bind the Grantor(s), their heirs, successors and assigns.
EXCEPTING AND RESERVING, however, all gas, oil, and minerals (gravel and other road building
materials excepted) beneath the surface of the above-described and conveyed premises, together with
the right to extract the same, provided that in the exercise of such right the surface thereof shall not
be disturbed, interfered with, or in anyway damaged.
FURTHER EXCEPTING AND RESERVING unto the grantors, their successors and assigns all
fILM 178 PACf3386 '
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water, water rights, ditches, canals, irrigation systems, existing or as relocated, if any, including but
not limited to, water stock or shares, bonds, certificates, contracts and any and all other indicia of
water, water right and ditch ownership, or any interest therein appurtenant to the land described
therein, save and except ground water for the use, benefit and purposes of the grantee.
TO HAVE AND HOLD the above-described and conveyed premises, with all the reversions,
remainders, tenements, hereditaments and appurtenances thereto, unto the City of Bozeman, and to
its successors and assigns forever.
K-~ , 1996.
Doug Smith
STATE OF MONTANA )
) ss
County of Gallatin )
On this /3:ti- day of ~~L , 1996, before me, a Notary Public in and for the State
of Montana, personally appe red Doug SmIth, known to me to be the person whose name is
subscribed to in the above instrument, and who 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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ACCEPTED:
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CITY OF BOZEMAN
By Its Ci tv ~1anaqer
ATTEST:
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C erk of the City Commission
STATE OF MONTANA )
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County of Gallatin )
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On this,.&df day of l {c--L'-o'
of Montana, personallyap ./ ared B.
Clark V.
,~ ~~;e me, a Notary Public in and for the State
. and Robin L. Sullivan, known to me to be the
Johnson
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fILM 178 PACf3387
City Manager and Clerk of the City Commission known to me to be the person whose name is
subscribed to in the above instrument, and who acknowledged to me that he executed the same
In witness whereof, I have hereunto set my hand and affixed my seal on the day and year above first
written. . );.:J ,/
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OFFICE OF COUNTY RECORDER)
COUNTY Of GALLATIN )
STATE OF MONTANA )
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CITY OF BOZEMAN
ATTN: ROBIN SULLIVAN
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TIllS INSTRUMENT WAS fILED fOR RECORD IN TIllS OFFICE ON
10TH
DA Y OF
NOVEHBER
, A.D" 1 H 97
OF
AT 11:42 AI\1., AND WAS DULY RECORDED IN DO(m 178
MISCELLANEOUS
RECORDEIL DY
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RECOIlDS, PAGE ~2_
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C-
DEPUTY
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A 45 FOOT WIDE
fILM 178 PAClJ389
ROAD EASEMENT AND AGREEMENT
Doug Smith of4521 Durston Rd., Bozeman Montana, 59715, the GRANTOR(S), in consideration
of
One
Dollar ($ 1.00 ) and other good and valuable consideration, receipt of which
is acknowledged, grant( s) to the City of Bozeman, a municipal corporation of the State of Montana,
411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual
easement for the purpose of ingress and egress through, and across a strip ofland situated in Gallatin
County, Montana, 45 feet wide to be located on the following described real property:
Doug Smith Tract
A Tract ofland being a portion of the East Half of the West Half of the East Half of the Southeast
Quarter of Section 3, Township 2 South, Range 5 East, P.M..M., Gallatin County, Montana, being
more particularly described as follows: Beginning at a point which is S 89059'47" W a distance of
654.96 feet from the Southeast corner of said Section 3; Thence from said True point of Beginning
along the south line of said Section 3 S 89059'47" W a distance of327.48 feet; Thence N 01 006'58"E
a distance of 45.01 feet; Thence N 89059'47" E a distance of327.51 feet; Thence S 01009'38" W a
distance of 45,01 feet to the True point of beginning. Said Tract being 0.338 acres or 14,723 square
teet.
The easement is more particularly described on the attached Exhibit A, which by this reference are
made a part hereof
It is expressly intended and agreed that these covenants, burdens, and restrictions shall run with the
land and shall forever bind the Grantor(s), their heirs, successors and assigns.
EXCEPTING AND RESERVING, however, all gas, oil, and minerals (gravel and other road building
materials excepted) beneath the surface of the above-described and conveyed premises, together with
the right to extract the same, provided that in the exercise of such right the surface thereof shall not
be disturbed, interfered with, or in anyway damaged.
FUR THER EXCEPTING AND RESERVING unto the grantors, their successors and assigns all
, I
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fiLM 178 PACf3390
'.
",
water, water rights, ditches, canals, irrigation systems, existing or as relocated, if any, including but
not limited to, water stock or shares, bonds, certificates, contracts and any and all other indicia of
water, water right and ditch ownership, or any interest therein appurtenant to the land described
therein, save and except ground water for the use, benefit and purposes of the grantee.
TO HA VE AND HOLD the above-described and conveyed premises, with all the reversions,
remainders, tenements, hereditaments and appurtenances thereto, unto the City of Bozeman, and to
its successors and assigns forever.
,;1
day O~f:M.B~
,1996,
D
Doug Smith
STATE OF MONTANA )
) ss
County of Gallatin )
On this ,irf---dayof S'E\1T€MRER, 1996, before me, a Notary Public in and for the State
of Montana, personally appeared Doug Smith, known to me to be the person whose name is
subscribed to in the above instrument, and who acknowledged to me that he executed the same,
In witness whereof, I have hereunto set my hand and aflixed my oflicial seal the day and year first
above written,
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ACCEPTED:
~~;ij~EMAN- .
By Its. Ci ty Manager
ATTEST:
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Clerk of the City Commission
STATE OF MONTANA
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County of Gallatin
On this d;l Idf day of
of Montana, personally app
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, ~before me, a Notary Public in and for the State
. and Robin L Sullivan, known to me to be the
Johnson
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filM 178 PACl3391
City Manager and Clerk of the City Commission known to me to be the person whose name is
subscribed to in the above instrument, and who acknowledged to me that he executed the same
In witness whereof, I have hereunto set my hand and affI~ed my seal on the day and year above first
written. - /
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/ f"t-i.'.' r ~ C:, . ." '\ ,~N ot~ry Public Z~?the State of MT
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EXH
A 45.0' WIDE RO.AD EASEMENT TO THE CITY OF BOZEMAN BEING A PORTION
OF THE E1 /2W1 /2E1 /25E1 /4 OF SECTION 3, T.2S., R,5E., P.M.M" GALLATIN
COUNTY, MmHANA AND BEING DESCRIBED BY THE EXHIBIT BELOW:
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C. os No. 501
ETHEL M. HOELL HANSON
4949 DURS TON ROAD '"
BOZEMAN, M T 59715 'r
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DOUG Sl./ITH
4521 DURSTON ROAD
BOZEMAN. MT 59715
M cfJONALD LAND COIJP AN Y
LIMITED PAR TNER SHIP
132f 4365
JOAN LE\\!S
4850 RAWGH Sf.
DEN\f:R, CO 80212
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