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Home My WebLink About86- Stephens Annexation Agreement iT .~. '~ STEPHENS ANNEXATION AGREEMENT rIL~, 122 fACE1514 THIS AGREEMENT made and entered into this 3rd day of March , 1986, by and between The City of Bozeman, a municipal corporation with offices at 411 East Main, Bozeman, MT 59771-0640, hereinafter referred to as . "City" and James W. Stephens and Mabel L. Stephens of 415 Wi1da Lane, Bozeman, Montana, hereinafter referred to as "Landowners." WHEREAS, the Landowners are owners in fee of certain real property hereinafter referred to as "Stephens Parcel" situated in Gallatin County, Montana, and more particularly described as follows: r Beginning at the east quarter corner of Section 11, Township 2 South, Range 5 East, P.M.M., thence south 89016'05" west a distance of 1649.73 feet~ thence south 00010'54" east a distance of 312.79 feet to the true point of beginning; thence south 00010'54" east a distance of 257.99 feet~ thence south 42016'14" west a distance of 342.45 feet~ thence north 00006'00" west a distance of 507.60 feet; thence north 89003'29" east a distance of 230.44 feet to the point of beginning, said tract containing 2.027 acres. WHEREAS, all parties recognize that the annexation of the Stephens Parcel pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the Stephens Parcel to City services, including municipal water and sewer service; and WHEREAS, all parties recognize that the development of the Stephens Parcel will impact West Main Street; 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 Stephens Parcel; and WHEREAS, the Landowners find that this agreement will provide for the most satisfactory and dependable water / r-ll H 122 P/\CE1515 supply or service available to furnish water to the Stephens Parcel; and WHEREAS, the making and performance of this agreement is desirable to promote the development of the most adequate water supply and traffic system for the City as it now 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 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. Establishment of Annexation Boundary. The Landowners will cause to be prepared and filed for record one or more certificates of survey and/or subdivision plats, which will establish the external boundary lines for the Stephens Parcel. 3. Annexation. The City Commission will annex the Stephens Parcel in accordance with their decision on August 12, 1985, once the external boundary lines have been established. 4. Services Provided by City. Pursuant to Section 7-2-4305(2), M.C.A., and Commission Resolution No. 2533, the City will, after annexation, provide City services, including water and sewer, to the Stephens Parcel. 5. 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 -2- FIL~ 122 f,\CE1516 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 Stephens Parcel or any hook-up, connection, or development charges which may be established by the City. 6. Municipal Sewer Service Defined. The term nmunicipal 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 condi- tions 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 Stephens Parcel or any hook-up, connection, or development charges which may be established by the City. 7. Amount of Water Required. The parties agree that 6.12 acre feet is a reasonable and adequate water supply for the Stephens Parcel. 8. Cash in Lieu of Water Right. The Landowners have tendered the amount of Two Thousand One Hundred Thirty-Seven and 97/100 Dollars ($2,137.97) to the City, receipt whereof is hereby acknowledged, in lieu of conveying water rights in the amount of 6.12 acre feet per year to the City. The parties agree that the dollar amount is a reasonable and appropriate amount in lieu of the actual water rights and has been calculated in accordance with Exhibit A, attached hereto and made a part hereof. -3- m~ 122 P/\CE1517 9. West Main Street. The Landowners have executed a Waiver of Right to Protest Creation of Special Improvement Districts for improvements to West Main Street, a copy of which is attached hereto as Exhibit B and made a part hereof. 10. Additional Terms for Waivers. All parties recognize that these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the Stephens Parcel by any Landowner, and the parties agree that the City may file these documents at any time. 11. Utility Easement. The Landowners understand and agree that utility easements, 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 the subdivision procedure or planned unit development procedure but in no event later than the filing of any final plat or site plan on the Stephens Parcel. 12. Governing Law. This agreement shall be construed according to the laws of the State of Montana. 13. Invalid Provision. The invalidity or unenforceability of any provi- sion 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 of this agreement -4- rrL~ 122 Pr~CE1518 . " shall be valid unless evidenced by a writing signed by the parties hereto. 15. 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. 16. Successors. Except as provided in paragraph 15, 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. 19. 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 a transfer of ownership. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF BOZEMAN Attest: r-- By ( <Jvv.~W G. W Its C'ty Manager ., if~Q fil '1d ' K, ~ , l/./'t-~ Clerk of the City Commission '\',.\'. );. , Ii ",., .~ ~" 1"""1'''' " W,,il ,'\ "..., '......~.':". ..,....'.'. ':.1 ~f',::',,' ". " A1~~Jj --~!~3.~_~ =i,,:':~";\i'iJ,~e\' . LANDOWNERS )~J Jam~ W. Stephens ,j '--J2k I /~ Q6.1 .' ' "'-~~C/- . ~/ .~) Mabel L. Stephens f -5- " ~,I STATE OF MONTANA fiLM 122 Pf~CE1.s19 ss. County of Gallatin On this ,~~~)tt-i day of J,~:)-j}CUi(_R_<,,_/ , 1985, before me, a Notary Public for the State of Montana, personally appeared James W. Stephens and Mabel L. Stephens, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, affixedjmy official seal wri tten~ +,1 .'.....f, 1',' rv.'I',i )'r I, '.... I"~> I, I have hereunto set my hand and the day and year first above :,1.' ,~'J RI J.~:,,;\ ".:.J"'(N.~~:tql ,Seali) " I" )t'" '>-. LJ.' ~ ~. i~'~r ' ,~',.>/" ,.,/0 .~. ., ,'. ,~r ::" II~~"" 'j, ~<i _ '. j..... ',''..~. .l".,.:, , ~ ,.'l4 ! .,f?:, ~,( ( )/.;-./ "j .) ..4 ~ r) 1 ))'f __' ,._,__&,__,C-L(j ,-"----,tlLt ( Ii, Notary Public for State of Montana Residing at Bozeman, Montana My Commission expire~, ,'. ,..Ii-,q N0'nl'\1 rill,!',.... ~~" t1~"" ;,)'''-1'; ,1_\.".1 \l ,.....,t. .",j.J !1C'si;-'i:"'", -~ .! :~I ('; \) My C\lmn~;~;::::cn ~;\,~_':!'.::::; ?/'1:3/1;J ,. _ l ~ STATE OF MONTANA ss. County of Gallatin On this third day of March, 1986, 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 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. C,IN WITNESS WHEREOF, I have hereunto set my hand and affi~d my official seal the day and year first above writt~h. ! / .~ , /, 'j If "'""'~'" ..t.. ..,." / ;' jI'; C' '. "'O./! , -.,..., Ii "1' Ii l"'; :;' , 4~;~1\~\1 I,. :S' ,-c;: r : :; ;. " . ...v ~~' .- 'f .::- ... LA.;,...;....J..:",.E- li , 110..... .\." ! . ~ ...f:~;' .".. ,'to ~ , JJ..p..&" -.~. :;.1." ~ ,,~l .......,.... . r:: .,"" , ,..,,~ :,-" I;~~ .l.~J G. d__-, JO_~ j '-1' Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires: 4-30-88 " -6- .. ... '. . m~ 1.22 Pf\CE1520 WATER RIGHTS - STEPHENS ANNEXATION (WEST MAIN) Total Area is 2.027 acres. Zoning is B-2. Annual water diversion for B-2 Zone is 22.57 gallons/square foot. Annual water diversion for annexation: (22.57 G/SF)x(2.027 acres x 43,560 SF/Ac)+(325,851 G/A-Ft)= 6.12 A-Ft. Cash-in-Lieu Calculation: (6.12 A-Ft)x($38.00/A-Ft x 94%)x(9.78) = $2,137.97 ~.....-.. "'r'~'l:'" .. .,:',;t"..^~ ~, 242346tf? - ~;w~e of M\,,,,t, (:.Glmty of ~1!1l?!f.tL ~i) Hlso V~if r~:fN'i~ .___.~__A,..PJ::".t:1__f2__________. ig_~ It ....~~_~...__XM.., ?mG r5G)nh),,~ ;n tf,.->;.;j;13~_..__ ~::i!._~ I -----~~-!:K~~ilZ~g __~_~~ -~r, 'lL 11".'_"'_~"_ ~ "PPUty . ,,\ 1'1 :; ""it.. ~(!t;n,.,j . 1'~lItm. ~'1 _ ___ _ _" Fee: ~42.00 Rt: City of Bozeman EXHIBIT A