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Home My WebLink About89- Weaver Annexation Agreement '! rl[.,~ 122 f)I~CE1489 WEAVER ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 7lli day of June , 1989, by and between the City of Bozeman, a municipal corporation and political subdivision of the State of Montana with offices located at 411 East Main Street, Bozeman, Montana, hereinafter referred to as "City" and Richard D. Weaver and Ann E. Weaver, Donald K. Weaver, Jr. and Martha F. Weaver, of Bozeman, Montana, hereinafter referred to as "Landowners." WHEREAS, Landowners own in fee simple certain real property hereinafter referred to as the "Weaver Tract" situated in Gallatin County, Montana, and more particularly described as follows: .. "Tract 3-A, Certificate of Survey No. 406-D, located in the NW~ of Section 19, T2S, R6E, P.M.M., Gallatin County, Montana, and containing 10.376 acres, more or less on file and of record in the Gallatin County Clerk and Recorder's Office, Bozeman, Montana." WHEREAS, the Landowner recognizes that the annexation of the Weaver Tract pursuant to 57-2-4301, et seq. MCA will entitle the Weaver Tract to City services including municipal water and sewer services; and, WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water services to additional customers outside the present City boundaries; and, WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer services to the Weaver Tract; and, WHEREAS, the Landowner finds that this agreement will provide for the most satisfactory and dependable water supply or services available to furnish water within the Weaver Tract; and, WHEREAS, the securing of an adequate water supply and emergency access by the City is necessary and of mutual advantage and benefit to the parties hereto, WIT N E SSE T H: In consideration of mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The above recitals are true and accurate. 2. Annexation. The City Commission will annex the Weaver Tract ~ FII ~ 122 Pi~CE1490 in accordance with its decision on February 21, 1989. 3. Services Provided By City. Pursuant to S7-2-4305(2), MCA, and Commi:::;sion Resolution No. 2644, the City will after annexation, make City services, including water and sewer, available to the Weaver Tract. 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 for delivery of water to and within the Weaver 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 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 Weaver 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: 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 2617 adopted August 4, 1986. -2- The Weaver Tract consists of approximately 10.376 acres. The Landowner understands and agrees that he must provide m~ 122 PI\CE1491 sufficient water rights in accordance with the City's policy prior to final plat approval, final site plan approval or the issuance of any building permit for any portion of the Weaver Tract, whichever first occurs. The Landowner 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 Landowner further understands that the City shall calculate average annual diversion requirements necessary to provide water on the basis of the zoning designation for the property at the time such calculation is made. 7. Emergency Access Easement. The landowner understands and hereby agrees to provide to the City of Bozeman an emergency access easement between Landowners' property and Spring Meadows Subdivision at the south end of the property which shall be designated on the final site plan. The Landowner agrees to provide said easement in a location acceptable to the City. 8. Storm Drainage. Landowner agrees to accommodate for storm drainage in such fashions that oil and other sediments are removed. 9. Utility Easements. The Landowner understands and agrees 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 Landowner 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 or issuance of a building permit in the Weaver Tract. 10. Governing Law. This agreement shall be construed according to the laws of the State of Montana. 11. 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. 12. Modifications or Alterations. No modification or amendment of this agreement shall be valid unless evidenced by a writing -3- r-ILH 122 PI~Cf1492 signed by the parties hereto. 13. 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. 14. Successors. Except as provided in paragraph 13, 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. 15. 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 i ...--' I "-.u I,: By I~tt;'~~~~~r :,1, .. ''J' - ',,, " .~"""1.- V ! ('"'\ '--, '-., ~ Attest: e~J~ Clerk of the City Commission LANDOWNERS $m.--I/ K t~ I Donald K.'Weaver, Jr~ '2l!d~/ ;( #P#A/CV artha F. Weaver STATE OF MONTANA ss. County of Gallatin f~ On this __ day of ~ ' 1989, before me, a Notary Public for the State of Montana, personally appeared Donald K. Weaver and Martha F. Weaver known to me or proved 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, I have hereunto set my hand and affixed my official seal the day and year first above written. L Notar Public fo ~a e of Montana ReJ~J.d '1111, at Bozeman 4wj MY", (!~mw.JS'~j.on expires: ao/C ~/ /1V4 ,........... _ t v,r . ~ 1'1" ""~.. ' 0 I . <i;: .' rl,r:, " .!, ,...:\\(\~ 11'/,',/"/(;' \ ,~ '.~ '(S~A~'f"'" ',..-c; ~::'[SL)\l i i :; ~ " fJ i").. L..., : ~..<'; \ , ., ' ~.'t".,1 ""'r/'."~>" " ...''1' ~ -4- ", ~ .~. \ , . ..,..: . ", ' '1/,""'''' ',,,, \- ..~ "", (;''''', .r,\:- ",., ,......,........, '.'<,,~.~~:~': 'I}/'; 't,ft i!;i:_.,:, , ~ . .. fiLM 122 Pf~CE149:3 STATE OF MONTANA ss. County of Gallatin On this '1tf- day of J~ ,1989, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notar Public for St e of Montana Residlng at Bozeman, Montana My Commission ~xpires:~/#lnK1 ~ \" ... '. ' . i \. t I j r "" (..N~Ia\r:ii:.l"~al:)' .' ..."",..:\ .t"'..."~ l'/. #"', ~,~,:. ~..", ~';.. .~ ~,:. ", :",,' ,: S'.. "t : ~('\ T J r,' ; I ,;,;" ~ ", .;jt!.., , . ,..' 'i. \.v ~ , ~ '''"~ ~tr~ b T ~ f ; /"..,.., ~v _(.... i-)."t.' :. <, , ," 41, , " ,.~..', ,,~ ~.': ~ "'.... ~.,.. ' . ....~~' .:"..... ..,'..... #If '" ~.' "," -', 1'1' ......' , ,....., -.,. .l "I vr ~\O'" ,,\,."" / ',I; .: I.,; "." ,,' ,,'~, ," :f'Jl/hip.\~''II'I: / 1[~~-~=W336 State.~ Mont., County of hHatm. S~ FUed fOf Nk-:"rd Apr il 6 " . .Jt 4.35 PM SAd rA'''.';,''''<>'cJ In ....,,',' l' 22 _ -_._~----____ ,1g 92 -------., ...... 101<>' /; ~~ll~!( Of M CELLA EQUS - ,.----,-S'.f/11/ dtj_ C!JUfJU.'j, RIcot".~-t, - --...--.- , ..__jWt!B !.i~_ Fee: $ 3 0 . 00 eputy Rt: City of Bozeman -5-