HomeMy WebLinkAbout02- Walker Property Annexation Agreement
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LOT 3A, BL()CK4, WALKKR PROPERTY ANNEXATION AGREEMENT
TillS AGREEMENT made and entered into this_lL day of __PI? (k ttyl ~-"Y""' _,
2002, by and between the CITY OF BOZEMAN, a municipal corporation and political
subdivision of the State of Montana with ofTices at 411 East Main Street, Bozeman, Montana
59771-1230, hereinafter referred to as "City," Tickeo IToldings, LLC, 805 Wheat Drive,
Bozeman, Montana 59715, hereinafter referred to as "Landowner."
WITNESSE'rH~
WIIF~REAS, Landowner, is owner in fee of a tract of certain real property, hereinafter
referred to as the "LOT 3A, BLOCK 4, WALKER PR.OPERTY ANNEXATION" tract situated
in Callatin County, Montana, and more particularly described as follows:
Lot 3A, Block 4, W;:tlker Property Subdivision, located in the NE %
of the SE % of Section 26, TIS, R5E, Gallatin County, Montana.
WI I KREAS, the I,andowner has petitioned the City for annexation of said tract of land;
and
WHEREAS, the LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION is not
within the corporate limits of the City or other municipality and may therefore be annexed to the
City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 46;
and
WHEREAS, all parties recogmze that the annexation of the LOT 3A, BY DCI( 4,
WALKER PROPERTY ANNEXATION pursuant to Section 7-2-4601, ct seq., M.C.A. will
entitle the said property to City services, including municipal water and sewer service, upon their
availability; and
WHEREAS, M.C.A. Section 7-2-46 provides that a municipality and landowner can
agree to the provisions of services to the area to be annexed; and
WHEREAS, the City's present water supply and sewer collection system is insuCJlcient
to enable it to supply reasonably adequate water and sewer service to additional customers
outside the present city boundaries; and
WHEREAS, all parties recognize that the development of the LOT 3A, BLOCK 4,
W A I XER PROPERTY ANNEXA nON will impact area streets, and that future irnprovements
may require additional public street improvernents for traftlc circulation; and
LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION AGREEMENT
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Shelley Vance-Gallatin Cc MT MISC 66.00
WHEREAS, the Landowner wishes to convey to the City certain water rights or takc
some equivalent action to provide watcr and sewer scrvice to the LOT 3A, BLOCK 4, WALKER
PROPERTY ANNEXATION; and
WHEREAS, the Landowner finds that this Agreement will provide for the most
satisnlctory and dependable water supply and sewer supply or service available to furnish water
and wastewater collection, and provide traffic circulation for development near and within the
LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION; and
WII EREAS, the making and performance of this Agreement is desirable to promote the
development of the lnost adequate water supply, wastewater collection and tra/lic circulation
pattern for the City as it now exists and as it is reasonably expected to enlarge; and
Wln~REAS, the securing of an adequatc water supply, wastewater collection, and traffic
systems by the City is necessary and of mutual advantage to the parties hereto; and
WI-II~REAS, the parties have detennined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety and weli~lre of the community to enter
into and implcment this Agreement.
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
partics hereto agree as follows:
I. Recitals
The above recitals arc true and correct.
2. Annexation
The Landowner riled an application for annexation or the LOT 3A, BLOCK 4,
WALKER PROPERTY ANNEXATION with the City. The City, on Scptember 3, 2002,
acknowledged the Petition for Annexation lor the LOT 3A, BLOCK 4, WALKER PROPERTY
ANNEXATION. By acknowledgement or this petition, the City has manifested its intention to
annex the LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION tract pursuant to the
terms and conditions of this Agreemcnt. Subject to the provisions of Title 7, Chapter 2, Part 46,
the City shall, upon execution of this Agreement, adopt a Resolution of Annexation or the LUr
3A, BLOCK 4, WALKER PROPERTY ANNEXATION to the City. Further, upon the
execution of this Agreement, the Landowner, shall do all things necessary and proper to aid and
assist the City in carrying out the terms, conditions and provisions or this Agreement and
LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION AGREEMENT
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elTectuate the annexation of the LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION
tract to the City.
3. Services Provided
The City will, upon annexation, make available only existing City services to the extent
currently available, including municipal water service, municipal sewer service, police
protection, and fire protection, to the LOT 3A, BLOCK 4, WALIZER PROPERTY
ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined
The tem1 "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, or as
may he amended, as well as any other tenns and conditions which apply to the City's provision
of this service. The tenn 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 LOT 3A,
BLOCK 4, WALKER PROPERTY ANNEXATION. Nothing in this Agreement shall obligate
the City to pay for right-of-way acquisition, engineering, construction, and other costs for the
delivery of water to or within the LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION
to include, but not limited to, any impact fees, hook-up, connection, or development charges
which have been or may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreelnent shall be the service
which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as
l11ay be amended, as well as any other tenT1S and conditions which apply to the City's provision
of this service. The term docs 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 LOT
3A, BLOCK 4, WALKER PROPERTY ANNEXATION. Nothing in this Agreement shall
obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs
for the collection of sewage services to or within the LOT 3A, BLOCK 4, WALKER
PROPERlY ANNEXA nON to include, but not limited to, any impact fees, hookup,
connection, or development charges which l11ay be established by the City.
6. Water Ri2hts
The pmiies acknowledge the following City policy:
LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXA nON AGREEMENT
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SMelley Vance-Gallatin Cc MT MISC 66.00
Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or all 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 L1sed 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 Rcsolution 3137, Adopted August 19,1996
The Landowner has paid cash in-lieu of water rights in the amount or$~23.6 ~aJ..
7. Comprehensive Water and Water Design Report
Prior to lliture developrnent of the property, the Landowner may be required to have
prepared by a Professional Engineer, a t I, andowner' s expense, a comprehensive design report
evaluating existing capacity of sewer and water utilities in the area. The report must include
hydraulic evaluations of each utility for both existing and post-development demands, and the
report findings must demonstrate adequate capacity to serve the full developrnent of the land. If
adequate infrastructure capacity is not available lor filll development, the report nlllst identify
necessary system improvements required for full development. The Landowner agrees to
cOlnplete at Landowner's expense, the necessary systenl improvements to serve the full
development.
8. Future Development Limitations
The future developer will be responsible for installing any facilities required to provide
hIli municipal services to the property in accordance with the City's Infrastructure Master Plans
and all city policies and guidelines that may be in effect at the tinle of dcvelopnlent. Thus,
I,andowner understands and agrees that there is no right, either granted or implied by the City,
for tbe Landowner to develop any of the LOT 3A, BLOCK 4, WALKER PROPERTY
ANNEXA TION until it is verified by the City that nccessary municipal services, including but
not limited to police and fire protection, and sewer and water capacity, are available to all or a
portion of the LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXA'rION.
9. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the LOT 3A,
BLOCK 4, WALKER PROPERTY ANNEXATION for a system designed to renlOve solids,
oi Is, grease, and other pollutants from the runoff fronl the public streets Inay be required to be
provided to and approved by the City Engineer at the time of any future development. The
lnaster plan, i r required, must depict the maximum sized retention/detention basin location and
LOT .lA, BLOCK 4, WALKER PROPERTY ANNEXA nON AGREEMENT
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Sh.ll.y Vano.-Gallatln Co MT MISC 66,00
locate and provide easements for adequate drainage ways within the area to transport runofr to
the stonnwater receiving channc1(s). The plan shall include site grading and elevation
inflmllation, typical stonnwater detention/retention basin and discharge structure details, basin
sizing caleulations, and st0l111water maintenance plan.
10. Traffic Analysis Report
Landowner understands and agrees that a detailed Traffic Analysis Report(s) may be
required to be submitted at the time of future development of any portion of the annexed
property.
11. Waiver of Right-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for maintcnance of any parks within the annexed area and/or of a City-wide Park
Maintenance District, which would provide a mechanism for the Llir and equitable assessment of
maintenance costs for such parks. Said Waiver is attached hereto as Exhibit "A" and is hereby
incorporated in and made a part of this Agreement.
Landowner agrees that in the event an S.LD. is not utilized fl.1r the completion of these
improvements, the developer agrees to participate in an alternative financing method for the
completion of said improvements on a fair share, proportionate basis as detennined by square
footage of property, taxable valuation of the property, trarric contribution from the development
or a cornbination thereof.
12. Utility Easements
The Landowner understands and agrees that utility easements, a mininmnl of thirty (30)
feet in width, may be necessary for the installation and maintenance of water and sewer utility
services to the annexed parcel. The Landowner shall create such easements in locations
agreeable to the City during the appropriate development procedures, but in no event later than
the filing of any final plat or site plan review or issuance of a building permit on the parcel(s).
13. I mpact Fees
The Landowner hereby acknowledges that annexation and development or his property
will impact the City's existing street, water and sewer infrastructure, and fire service
requirelnents. At the time new structures apply to the City's Water and Sewer raeilities, the
Landowners shall pay all Water and Sewer Impact Pees which afC due. The Landowners and
their successors shall pay all Fire, Street, Water and Sewer Tlnpact Fees required by chapter 3.24,
LOT 31'1, BLOCK 4, WALKER PROPERTY ANNEXATION AGREEMENT
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Shelley Vance-Gallatin Cc MT MISC 66.00
Bozeman Municipal Code, 0 I' a s amended, at the time 0 fa pplication for any pennit listed in
Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively.
lrthe impact fees cunently imposed pursuant to Chapter 3.24 oUhe Bozeman Municipal
Code arc subsequently voided or declared invalid by a court of competent jurisdiction,
Landowners agree to pay the City fees or assessments established by the City for impact on City
services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully
enacted as a result of such court decision after the date of the court decision. I r, prior to
enactment of sLlch revised Chapter, the Landowner applies for any permit which actuates or
would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozcrnan Municipal
Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees
based upon the rates established at the date of this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
landowner would have been entitled to a refund under the court's decision but were it not [or the
sole fact of the landowner paying impact fees because of this agreement, then all such impact
fees paid prior to the court's decision shall be held in escrow until a revised Chapter of the Code
is enacted after the Court's decision,
At the time the revised code is enacted, then all such fees held in escrow shall be released
to the city and the balance, if any, returned to the landowner, All accumulated interest on the
sum hcldin escrow shall be released to the City or landowner on the Saine percentage as the
money released to either party bears to the total sum held in escrow.
Landowners further understand and agree that any improvements, either on or off-site,
necessary to provide connection of Annexation Tracts to municipal services which arc wholly
attributable to the property are "project related improvenlents" as defined in Chapter 3.24,
Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits.
J f I "andowners default on this condition at the time such is to be performed, and should
default not be remedicd or cOlTected within thirty (30) days ailer written notice by City to
Landowners of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable
and City shall have the right and privilege to take legal action against
Landowners for the collection of such sum, including the entry of any
judgment. In addition, the City may, at its option, enforce payment of
such amount by levying an assessment on the prernises.
B) Elect any other remedy available to City under the laws of the State of
Montana.
LOT3A, BLOCK 4, WALKER PROPERTY ANNEXAIJON AGREEMENT
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C) Any waiver by City of any default shall not be construed as a waiver of
any subsequent default.
D) It is agreed that it shall be no defense to the enforcement of this provision
by City that impact fees imposed pursuant to Chapter 3.24 ofthe Bozeman
Municipal Code are subsequently voided or declared invalid by a court of
competent jurisdiction. It is the express intention of the pa1iies not to be
bound by such a declaration or judgment and, therefore, notwithstanding
any judgment either limiting impact fee payments under annexation
agreements to specified amounts, or prohibiting any such payment,
landowner will pay such amount as specifled above.
14. Additional Terms of Waivers
The 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 with the LOT 3A, BLOCK 4, WALKER
PROPERTY ANNEXATION. The parties further agree that the City may file these documents
at any time.
15. Governing Law and Venne
This agreement shall be construed under and govell1ed by the laws of the state of
Montana. Tn the event of litigation, venue is in the Eighteenth Judicial District Court, in and for
County of Gallatin, State of Montana.
16. Attornev's Fees
In the event it becomes necessary for either party to this Agreement to retain an attoll1ey
to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be
entitled to reasonable attol11ey's fees and costs, to include the salary and costs of in-house
counsel including City Attoll1ey.
17. Waiver
No waiver bye ither party 0 fa ny breach 0 fa ny term, covenant 0 r agreelnent shall be
deemed a waiver of the same or any subsequent breach oUhis same or any other term, covenant
or agreement. No covenant, tenl1 or agreement shall be deemed waived by either party unless
waived in writing.
18. Invalid Pmvision
The invalidity or lInenf()fceability 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
lInent()ITeable provision were omitted.
19. Modifications or Alterations
No nlOdi lieations or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
L01'3A, BLOCK 4, WALKER PROPER1TANNEXATION AGREEMENT
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20.
No Assignment
Shelley Vance-Gallatin Cc MT MISC
66.00
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in
part without prior written consent ofthe City.
21. Successors
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.
22. 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.
The undersigned Landowner affinns that they have authority to enter into this Agreement
on behalf oftheir corporation, and to bind the corporation to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this agrccment to be
cxecuted the day and year first above written.
J' es Ticknor
anaging Mcmber, Tickco Holdings, LtC
ST ATE OF !.-tl )
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County of{~L<d:TiA./ )
On this __I:L -If} day of ~~~~86-7-2. , 2002, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Jan1es Ticknor, known to me to be
the owner of Tickco Holdings, LLC, the corporation that exccuted the within instrument, and
acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Scal the
day and :ear first above written. 7., ""':,) , '
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CITY OF BOZEMAN
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By CLARK V. JOHNSON, City Manager
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STATE OF MONTANA )
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COUNTY OF GALLATIN
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On this /;3 'th day of , 200~, before me, a Notary Public
for thc state of Montana, p - nally app recl Clark V. Johnson and Robin Sullivan, known to
me to the persons described in and who executed the foregoing instrument as City Manager and
Clerk of the City Commission respectivcly, ofthe 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.
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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Residing at__ "um,__' Montana
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LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXATION AGREEMENT
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EXHIBIT "A"
Shelley Vanoe-Gallatin Co MT MISe
66,00
WAIVER OF RIGIIT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
LOT 3A. BLOCK 4. WAl,KER PROPERTY ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lots 3A, Block 4, Walker Property Subdivision, Gallatin County, Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
li'om the City 0 f 8 ozeman, a long with accompanying rights and privileges a nd for 0 ther and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the
impact to City parks which will be caused by the development of the above-described property,
the 0 wner h as waived and doh ereby waive fl.)!" i tselt~ its successors a nd assigns, the right to
protest the creation of one or more special improvell1ent districts for maintenance of any parks
within the annexed area and/or of a City-wide Park Maintenallce District, which would
provide a 111echanism for the fair and equitable assessrnent of maintenance costs for City parks,
or to rnake any written protest against the size or area or creation or the district 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 with the
dissolution of the corporation, provided however this waiver shall apply to tbe lands herein
described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon
the successors-in-interest and assigns oCthe parties hereto.
DATED this J;;!i!:,day of ~Le M 6e r
,2002.
LOT 3A, BLOCK 4, WALKER PROPERTY ANNEXA nON AGREEMENT
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Shelley Vance-Gallat1n Co MT MISC 66.00
Ticknor
o er Tickco Holdings, LLC
ST A TE OFfl-,lL_ )
County of (;I"/t.Lrl1j/0 )
On this /2-11.\ day of jj.c.-Ci':7f{8tJ2.. , 2002, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared James 'ricknor, known to me to be
the owncr of Tickco Holdings, LLC, the corporation that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said corporation.
:ss
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written. /_,,'. /// ,.,
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LOT lA, BLOCK 4, WALKER PROPERTY ANNEXATION AGREEMENT
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