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HomeMy WebLinkAbout93- Westlake/Martinen Second Annexation I '. tr' I'.,. r ':t4~ . ',Ii;:' J) ,:..... " ( . . I l., WESTLAKE!MARTINEN SECOND ANNEXATION AGREEMENT FilM 13.3 r~C[ 4011 THIS AGREEMENT, is made and entered into this "'l'~ day of t1A7 1993, by and between THE CITY OF BOZEMAN, a municipal corporation of the State of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and GEORGE E. WESTLAKE, of 15008 S.E. Graham Road, Vancouver, WA 98684, and KAY H. MARTINEN, of 401 Sunnyslope Road, Yakima, WA 98908, hereinafter referred to as "Landowners". WHEREAS, the Landowners own in fee simple certain real property situated in the NE 1/4 of Section 1, Township 2 South, Range 5 P.M.M. , Gallatin County, Montana, and more East, particularly described as follows: Beg inning at a point which is N 47043' 55" W a distance of 69.65 feet from the east! corner of said Section 1, said point also being on the northerly right-of-way line of West Oak Street; thence from said true point of beginning along said right-of-way line N 87058'40" W a distance of 470.01 feet to the S. E. corner of the tract of land annexed to the City of Bozeman under Resolution No. 2860; thence along the easterly and a portion of the northerly line of said annexation N 01016' 30" E a distance of 523.00 feet to the NE corner of said annexation; thence along the northerly line of said tract N 88043'30" W a distance of 223.71 feet to a point on the east line of Westlake's 3rd Addition; thence along said line N 00056' 43" E a distance of 562.55 feet to the NE corner of said tract, said point also being on the southerly right- of-way line of Interstate 90; thence along said right-of- way line N 87000'01" E a distance of 231.18 feet and S 72.16'02" E a distance of 486.31 feet; thence S01016'30"W a distance of 971.12 feet to the point of beginning. Said tract being 14.147 acres along with and subject to any existing easements. WHEREAS, the Landowners have petitioned the City for annexation of the contiguous tract; and 1 .. .' . WESTLAKE/MARTINEN SECOND ANNEXATION ANNEXATION AGREEMENT PAGE 2 of 10 FIL,W 133 Pf~CE 4014 WHEREAS, the Landowners recognize that the annexation of the above-described property, hereinafter referred to as the "Westlake/Martinen Second Annexation Tract" will entitle the Landowners ~o 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, the landowners wish to convey to the City certain WHEREAS, the City's present sewer service system is water rights or take some equivalent action to provide water and sewer service to the property; and insufficient to enable it to supply reasonable sewer collection service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the Westlake/Martinen Second Annexation Tract will impact North 7th Avenue, West Oak Street, and the intersection of North 7th Avenue and West Oak Street; and WHEREAS, the Landowners find that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water, provide for the most satisfactory and dependable sewer service available to furnish sewer collection service, and provide traffic circulation for development within the Westlake/Martinen Second Annexation Tract; and ~~ . . WESTLAKE/MARTINEN SECOND ANNEXATION ANNEXATION AGREEMENT PAGE 3 of 10 FILU 133P,\Cr401.5 WHEREAS, the making and performance of this agreement is desirable to promote the development of the most adequate water supply, sewer collection and traffic circulation pattern for the City as it nvw exists and as it is reasonably expected to enlarge; and WHEREAS, the Landowners understand that no and agree development shall be approved for any of the Westlake/Martinen Second Annexation Tract until water, sewer and street improvements are made resulting in adequate city transportation, which adequacy shall be determined by the Director of Public Service or his designee, and sanitation facilities to safely accommodate use of and travel to, from and within the parcel proposed for development; and WHEREAS, the securing of an adequate water supply, sewer collection, and traffic circulation 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. Reei tals. The above recitals are true and correct. 2. Annexation. The City Commission will annex the Westlake/Martinen Second Annexation Tract in accordance with its decision on January 19, 1993. ,'- '. . WESTLAKE/MARTINEN SECOND ANNEXATION ANNEXATION AGREEMENT PAGE 4 of 10 rlJl.{ 133~~r[AOiC I I" ~ ~ 1/1'_ ". ....U 3. Services Provided by City. Pursuant to Section 7-2-4409, M.C.A. and Commission Resolution No. 2899, the City will, after annexation, make Ci ty services, including water and sewer, available to the Westlake/Martinen Second Annexation 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 Westlake/Martinen Second Annexation 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 serVlce 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 ~ . . " .' . ,'. WESTLAKE/MARTINEN SECOND ANNEXATION ANNEXATION AGREEMENT PAGE 5 of 10 FIL~ 1;33P~n40l7 contemplate the extension of lines or construction of necessary improvements for collection of sewage at and within the Westlake/Martinen Second Annexation Tract or any hook- up, connection, or development charges which may be established by the City. 6. Water Ri~hts. 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 2716 adopted October 3, 1988. The Westlake/Martinen Second Annexation Tract consists of The Landowners understand and agree that they must approximately 14.147 acres. provide 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 Westlake/Martinen Second Annexation Tract, whichever first , . . . " WESTLAKE/MARTINEN SECOND ANNEXATION ANNEXATION AGREEMENT PAGE 6 of 10 m~ 133P,\CE40LS occurs. 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. Waivers of Ri~ht to Protest Special Improvement Districts for the Installation of a Traffic Control Signal at the Intersection of North 7th Avenue and West Oak Street. The Landowners have executed a Waiver of Right to Protest Creation of Special Improvement Districts which include the Westlake/Martinen Second Annexation Tract for the installation of a Traffic Control Signal at the intersection of North 7th Avenue and West Oak Street. This Waiver is attached hereto as Exhibit A. 8. Waiver of Right to Protest Special Improvement Districts for Improvements to West Oak Street. . The Landowners have executed a Waiver of Right to Protest the Creation of Special Improvement Districts which include the Westlake/Martinen Second Annexation Tract for improvements to West Oak Street. This Waiver is attached hereto as Exhibit B. , , WESTLAKE/MARTINEN SECOND ANNEXATION ANNEXATION AGREEMENT PAGE 7 of 10 m ~ 1:J.J P~C[ 4G.L9 9. Dedication of Roadway Easements or Ri~hts-of-Way. The Landowners have agreed to dedicate a five-foot wide easement along the northern edge of West Oak Street right-of- way from Fifth Street to the east boundary of the area annexed for rights-of-way improvements to West Oak Street. The dedication shall either be granted when the Annexation Agreement is formally accepted, or shown on the Final Subdivision Plat, whichever first occurs. 10. Additional Terms for Road Easements and Waivers. All parties recognize that these documents must be executed at the time this Annexation Agreement is executed, and shall be filed and of record with the Gallatin County Clerk and Recorder. The City shall file these documents once the Annexation is officially accepted. 11. Utility Easements. The Landowners understand and agree that utility easements, thirty (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 subdi vision, conditional use, planned unit development, or site plan review procedures, but in no event later than the filing of any final plat or site plan, or issuance of a building permit. , . . . WESTLAKE/MARTINEN SECOND ANNEXATION . ANNEXATION AGREEMENT PAGE 8 of 10 r rI ~ 1.1.3 P;~Ct 40~O 12. Governin~ Law. This Agreement shall be construed according to the laws of the State of Montana. 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 of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 15. No Assi~nment. 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 17, 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. The parties intend that the terms of this Agreement shall 17. Covenants to run with the Land. be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. WESTLAKE/MARTINEN SECOND ANNEXATION . ANNEXATION AGREEMENT PAGE 9 of 10 FII ~ 1,J.3 r/\Cr 40'::1 ,.. . . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF BOZEMAN ~~~)2 Its c ty Manager CJ~t.l: LANDOWNERS ~J ~___ _ C Z/~ By:' ~ ---- George E. Westlake By:~4111~ Kay H Martrnen STATE OF It;A~;f il Nt!-rnN ) On this ~5Ti'.-Io- day of ((;1+Y , 1993 before me, a Notary Public for the State of !!,),tJ-<~i-;?^I~\7r:f~, personally appeared George E. Westlake, known to me to be the person whose name is subscribed to the above Annexation Agreement and acknowledged to me that he executed the same. III F/(_'/. ,- ..--' r rt'--- ss County of --~'-I) iA (j I I A r' 1\ fi,,-; " l"\{/Y Vv(t/"f! . V \ ~/\{+\ Notary Public for Stat~ ~f :0f\~' Residing at (IU':Ek~ --:IDL{J~T\/ Commission Expires: NU'JCtv\.b:.t_C7 . ,,\1,""1//'"1111.' "" CU 'I'll. - ," ~ ~ I,,"~ , 7'/" $ ,""\ "........... Ill'.. ::-;-, ,) - .: .'-......'.~~IR!:.. 'f. "IJ. ~... ~ ~.~. . ~ ~ ~ .... ;:" ~"/~ ~ 4\ ~~ ~~ .' :i ~'14}iIlI1i?!: oqo 1.t.O...~ c.., ~ ~ -::~ ~ I I' .,.~ . 1"1 ~ I - ..... - ~ !"':V'I C) ;;-"' -i:Cj:~. ? \ ~ ~ .... J ...: if. . ~'\'1 (.J ~/....' .' '. ~ ~..~" O~ ...,' . ~. .', ... tI ..'" ., ((, . '". '. ....". \' " "-;:-; t!o. T" "{ 1". . ..' . "" "r' " -." "";'ir;....rCf~-"'. a f f ix€i'~~y . <~'{! "jr 'k..' "~; . ,':',,\.;. ,~".... ,"""" :~~...,' IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal the day and year first above written. ~' -, ",' .. ~ , . . . . .. WESTLAKE/MARTINEN SECOND ANNEXATION ANNEXATION AGREEMENT PAGE 10 of 10 m~ 1.1,1 P,\C[40-=:~ STATE OF County of On thl- 7 day of , 1993, before me, a Notary Public for the State of . ~ pprsonally appeared Kay H. Martinen, known to me to be the ~~~~~eHose name is subscribed to the above Annexation Agreement and acknowledged to me that she executed the same. .,/,,:.:Y, , :i~iJ~.:i/~,.". - - .( /~, /tIVl-lJ .... Nob,ry Public f~tJle of ~: 1..:ALfj~ Resldlng at L~~ Commission Expi s: 1~-/5-Y,~ '. ' , ~( ,~}:r;)(: :-:. IN WITNESS WHEREOF, I have hereunto set my hand and affixe4 fttY seal on the day and year first written above. ;~"'.;....:..;:;;. . . J,,"'"' t...", 11'/ ,., ~,H r., c";/.'',o. . 0""""""" .Jf,y '~".".., ~<'~t(f~: J 'I)>;~f?''''~ ~\~. ,~~!'lily"'... I'} : . :: .. , '0t!t':-f ..' '" 0- ;.. E ..,,( ::,... r.r...., ..' l"l:W :: .'.'...t ....\'# ,.~. On o. = :"':~" ~",.~~ ..' +",."'0; :.i .,.4'0'11\+ .' 1..) .:" '":" .i''';''....'~i ..." "0 ~.... .~'~~,~t~:" ".,'<'.,-r:;.... I ";.. '\"l,.\,.,~,..." > . : r ' . ,:".i ~ ~" 267913 6bIt6 (I Montana. 1 .. County of Gallatin r Flied JULY 14 at 3: 58 Recorded in book 13 3 MISCELLANEQUS - Shelte, M. Ck. CountyClerk&RIaMIIr 8Y~/\Ju.lL~a~a~ ':HS 60. 00 RT: CITY OF BOZEMAN I=::!i; r 19 93 :e M.. and of Pagft 40 13 j " . , . . . ........ ...;"" . . .I. I) ~ - . EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR THE INSTALLATION OF A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF NORTH 7TH AVENUE AND WEST OAK STREET WE, the undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Beginning at a point which is N 47043'55" W a distance of 89.85 feet from the east ~ corner of said Section 1, said point also being on the northerly right-of-way line of West Oak Street; thence from said true point of beginning along said right-of-way line N 87058'40" W a distance of 470.01 feet to the S.E. corner of the tract of land annexed to the City of Bozeman under Resolution No. 2880; thence along the easterly and a portion of the northerly line of said annexation N 01018'30" E a distance of 523.00 feet to the NE corner of said annexation; thence along the northerly line of said tract N 88043'30" W a distance of 223.71 feet to a point on the east line of Westlake's 3rd Addition; thence along said line N 00058'43" E a distance of 562.55 feet to the NE corner of said tract, said point also being on the southerly right-of-way line of Interstate 90; thence along said right-of-way line N 87000'01" E a distance of 231.18 feet and S 72016'02" E a distance of 488.31 feet; thence SOlo16'30"W a distance of 971.12 feet to the point of beginning. Said tract being 14.147 acres along with and subject to any existing easements. IN CONSIDERATION of receiving annexation approval from 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 that will be generated by the development of the above-described property at the intersection of North 7th Avenue and West Oak Street, have ---~-----j I ,I " . " , ;. / I ... '. . <I, . f / I WAIVER OF RIGHT TO PROTEST CREATION OF SIOS FOR TRAFFIC CONTROL SIGNAL LIGHT AT INTERSECTION OF NORTH 7TH AVENUE AND WEST OAK WESTLAKE/MARTINEN SECOND ANNEXATION PAGE 2 of 4 waived and do hereby for ourselves, our heirs, personal M uJ \..~ \I .e.- successors and assigns,~the right to protest the representatives, creation of one or more special improvement districts for the installation of a traffic control signal at the intersection of North 7th Avenue and West Oak Street, or 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 property. This Waiver is limited to the Landowner's proportionate share of the costs of administration, engineering, inspection and construction of the traffic control signal. This waiver shall be a covenant running with the land and shall not expire. ,j I. OJ ~ I 1 . ). I.. ... \ .. . '. - WAIVER OF RIGHT TO PROTEST CREATION OF SIOS FOR A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF NORTH 7TH AND WEST OAK STREET WESTLAKE/MARTINEN SECOND ANNEXATION PAGE 3 OF 4 We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. DATED this 5"'f-4 day of nit. 7 ' 19 q J. __,,0~ L~ ~~ George E. Westlake, owner STATE OF &';A~;:Ii1 tJr2jnitJ ) :ss County of ('/LtJf!!/-_ ) On this 5n-f day of ()1 A-'/ , 19 'l-;;, before me, a Notary Public for the State of Montana, personally appeared George E. Westlake, known to me to be the person who executed the foregoing Waiver of Right to Protest, 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. F~,/lC~~(-f; 1"1 I/;!t-;k ii Notary Public fq,r State" of ")/-;,~,t{i Residing at /1 -t1<--k. -I'/?J t My Commission Expires: tJCV01V .A.~t- IS, fI/(!,lj (SEAL) ~ . . WAIVER OF RIGHT TO PROTEST CREATION OF SIDS FOR A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF NORTH 7TH AND WEST OAK STREET WESTLAKE/MARTINEN SECOND ANNEXATION PAGE 4 OF 4 STATE OF IIJ;Z/JJ(L--/Lukr-rv ) e! ?/. 'ss County of . ." 'l~~ On t is 1 day of ~/ ,19Q3, before me, a Notary Public for the State of-~{l~a,~erS9nallY appeared Kay t.(. f"1.-f: .. cr?'-----"' H. Mart inen, known to me to e " rson who executed the foregoing Waiver of Right to Protest, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. --Qj[1p_ tLlY3 SflvV1 {Q/t- C( Not~r~ Public ~f r Sltate of '.~ - l L/jc'l..lffj~ Resldlng at -----C-K:.LI'Y1...__~ _ J My Commission" pires: ;-/5 -y~.c; (SEAL) .. . I I I ~ . " .. ...\ . I .. f', .. ..e . WAIVER OF RIGHT TO PROTEST CREATION OF SIDS FOR IMPROVEMENTS TO WEST OAK STREET WESTLAKE/MARTINEN SECOND ANNEXATION PAGE 2 of 4 West Oak Street, have waived and do hereby for ourselves, our MvJ~ successors and assignsA the heirs, personal representatives, right to protest the creation of one or more special improvement districts for improvements equal to one-half of a city street standard for paving, curb/gutter, sidewalk and storm drainage to West Oak Street, or 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 property. This Waiver is limited to the Landowner's proportionate share of the costs of administration, engineering, inspection and construction of one-half of a local street standard including pavement, curb/gutter, sidewalks and storm drainage to that portion of West Oak Street that border on the above-described property. This waiver shall be a covenant running with the land and shall not expire. '- ;r 'to. ~. .) .. " .,. .,c f -. . e ;. ... ,,' \;'/'.; '/ ER OF RIGI-IT I . I'IIOTEST (:fii..,",TION OF SlD~ I,dt 1~11,jiJ)VEMENTS TO \ I ,)1' OAK STREET WI.','I LAKE/MARTINE,. ..l.;(:OND ANNEXATION I ' /, ( . J'. 3 0 F 4 We ~-arrant ll._ll we are lawfully seized and possessed of the r'('I' J property d(~ '" .. i l)'~d above and that we have a lawful r 19ht to (.(",'I(~Y the. propp. I y or' any part of it. DATED thl~,; 5'r~ day of n "'ty , , 19 13. /~( V~ George E. Westlake, owner ~ t+7Jt~~!/ Kay . M . lnen, owner ~; 'I' 1\ 'I' E 0 F ~{Qfi-.~;ldl fJ (<'!1.rrl!\J _) :ss f . I II I II t Y 0 f ___ () [-./JflL, ) On thi s Sri--! d:lY 0 f tf! A../ _...._, 19_)3, be fore me, a N" Ild'y Publ ic fa"rthe State of Montana, personally appeared George I'. Westlake, known tome to be the person who executed the 1'" I.,.(~oing Wai \'er of I~ i ght to Protest, and acknowledged to me that Il" ,.xecuted the same. [N WITNESS WHE1;\-\lF, I have hereunto set my hand and set my ,.;,." I the day and yeat. first above written. RIi/fVy{fl nV\tJrJ\ NIlI !Ir'y Public for SLl\e of( i()P5tntJ(~N 'I M)" ) r- / Ii. . . lid i ng a t _,~L1c!2..f/I<c~~ /'" J! rJ '0, . " ~I.\ I' (I mm i s s ion Ex pi re" :_J~.!lJJ.J;Tvl e, r';:fL- ___8 i 1" (' i. l-f ( :; I,' \ L ) , . .. ,.0( ,. -. .. .,. ~"II' PI \ he e II ... ", ". . ., WAIVER OF RIGHT TO PROTEST CREATION OF SIDS FOR IMPROVEMENTS TO WEST OAK STREET WESTLAKE/MARTINEN SECOND ANNEXATION PAGE 4 OF 4 S TATE 0 F .. /.i{/tl;:;y/~}(J2~ ) / -4Jak tI 'ss Co u nt y 0 f . / '.1. /J/1.. . CL..- ~. On this ----2-- day of ./)7~r' , 19 9-:?, before me, a Not.ary Public for the State of ~IlL.2%' personally appeared Kay H. Martinen, known to me to be th ~?s '~60-executed the foregoing Waiver of Right to Protest, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. \W1Pi {t- ~ ~JuIl/t(eA ~ . 0 1_ Not,:,ry PUbl?J!iOJpState of !~; t LLAI/<-./1-?tJ lJ.-.. ReSldlng at .L-1'R?f.. U My Commissi Expires: 1- P5-. q~ (SEAL)