HomeMy WebLinkAbout96- Wheeler Mobile Home Park Annexation
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WHEELER MOBILE HOME PARK
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of
July
.1996,
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 Steve McGough, dba Wheeler Mobile Home Park
2715 West
Babcock Street, 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 "Wheeler Mobile Home Park Annexation Tract", situated in Gallatin County,
Montana, and more particularly described as follows:
A tract of land containing 7.967 acres being located in the South Half of the
Northwest Quarter and the North Half of the Southwest Quarter of Scction 11,
Township Two South, Range Five East, PMM., Gallatin County, Montana, and being
located in the 2700 block of West Babcock Street.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract;
and
WHEREAS, all parties recognize that the annexation of the Wheeler Mobile Home Park
Annexation Tract 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 Wheeler Mobile Home Park
Annexation Tract will impact West Babcock Street and West Mendenhall 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 Wheeler Mobile Home Park Annexation
Tract; 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 Wheeler Mobile Home Park Annexation Tract; and
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WHEREAS, the making and performance of this agrecment is desirable to promotc the
dcvelopment of the most adequate water supply and traffic circulation pattern for the City as it now
exists and as it is reasonably expected to enlarge; and
WHEREAS, thc securing of an adequate watcr supply and traffic system by thc City is
necessary and of mutual advantage to thc parties hereto.
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 anncx the Wheeler Mobile Home Park Annexation Tract in
accordance with its decision on December 18, 1995.
3. Services Provided.
The City will, upon annexation, make currcntly existing and available City services, including
water service, sewer serviee, poliee protection, and fIre protection, available to the Wheeler Mobilc
Home Park Annexation Tract, 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 wcll as any
other terms and conditions which apply to the City's provision of this service. The tcrm does not
contemplate the extension ofIines or construction ofl1eccssary improvements at any cost to the City
for dclivery of watcr to and within the of any hook-up, connection, or development
charges which may bc established by the City.
5. Municipal Sewer Service Dcfined.
The term "municipal scwer 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
othcr terms and conditions which apply to thc City's provision of this scrvicc. The term does not
contemplate thc extension oflines or construction of necessary improvements at any cost to the City
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for collection of sewagc at and within the Wheeler Mobile Home Park Annexation or any hookup,
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 ofthe 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 bc 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 phasc.
Section 2, No.5, Commission Resolution 2716 adoptedOctober 3, 1988
The Wheeler Mobile Home Park Annexation Tract consists of approximately 7.967 acres.
The Landowncr understands and agrces that he must provide sufficient water rights in
accordance with the City's policy at the time the Annexation Agreement is signed. The average
annual divcrsion requirement necessary to provide water has been determined on the basis of the
conditionally approved preliminary plat application for 46 dwelling units on the property. The
amount of water use per year is 26.41 ac-ft. Cash-in-lieu thereof is equal to $9,493.46.
7. Connection of Existinl.:" Units to City Water and Sewer
Landowner understands and agrees that the existing residential dwelling units, including all
mobile homes, shall be connected to City water and sewer within two years of annexation. Further,
one on-site fire hydrant shall be located on the property, at Landowner's expense, within two years
of annexation. These connections shall be completed in conformance with all City and State
requirements for said facilities.
8. Waiver ofRight-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements to West Babcock Street and for the extension of West Mendenhall
Street. This waiver is attached hereto as Exhibit A.
9. Additional Terms of Waivers.
All parties rccognize 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 Whecler Mobile Home Park
Annexation Tract by the Landowner, and the parties agree that the City may file these documents at
any time.
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10. Utility Easements.
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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 fmal plat
or site plan or issuance of a building permit on any ofthe parcels.
11. Ri~ht-of-Way/Easement for Future Roadways.
Landowner agrees to dedicate, by written easement, the following land to the City of
Bozeman for right-of-way purposes:
a) 45 feet along and north ofthe East/West quarter section line of Section 11, Township
2 South, Range 5 East, adjacent to the subject property, for West Babcock Street
b) 60 feet for the extension of West Mendenhall Street, from the end of West
Mendenhall Street on the wcst property boundary to the east property boundary, to
align with the existing right-of-way off Western Drive.
12. Correction of State Mobile Home Park License
The Landowner shall provide the City of Bozeman with a copy of his State Mobile Home
Park License which shows the correct number of mobile homes when the new license is issued by the
State.
13. Governin~ 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 Eightecnth 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 agrecment shall be construed in all respeets as if such invalid or
unenforceable provision were omitted.
15. Modifications or Alterations.
No modification or amendment of this agreement shall be valid unless cvidenced by a writing
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signed by the parties hereto.
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16. No Assi~nment.
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. Succcssors.
Except as provided in paragraph 16, this agreement shall be binding upon, inure to the benefit
of and be enforceable by the partics hercto and their rcspective hcirs, successors and assigns.
18. Covcnants to Run with thc Land.
Thc parties intend that thc terms of this agrccment shall be covenants running with thc land
and shall not expire at their deaths or upon transfer of owncrship of the property.
IN WITNESS WHEREOF, the partics hcreto have caused this agreement to be exccuted the
day and ycar first above written.
LANDOWNER
~J#~
stEVE MCGOUGH
dba WHEELER MOBILE HOME PARK
STATE OF MONTANA )
:ss
County of Gallatin )
On this --1J2 day of:]\AJ ':1.. , 1996, beforc me, a Notary Public for the State of
Montana, pcrsonally appcared Steve Mcbough, dba Wheelcr Mobile Home Park, known to
me to the 0 W /\J ~Q of said Pro per l y -person whose name is subscribcd to the within
ins~nt.and'acknowledgcd to me that he exccuteu the same for and on behalf of said, IOwn e r .
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~~~\\~11~~~ESS \VHEREOF, J have hereunto set my hand and affixed my official seal the day
~. :M.~ ,fe~fir~~ovc writtcn.
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> ~ No ry~u . ...for the State of Montana
",.~c ,ii#;.. "E". 'S
, , GmmlSSlOll Ires:
CITY OF BOZEMAN
JAMES E. WYS~;. Q~;
Its City Manager
(}IT:J h~
Clcrk of the City Commission
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STATE OF MONTANA )
:ss
County of Gallatin ) 1\ (
On the I~C/;lday of IV~1996, 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
persons described in and who executed the foregoing instrument as 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 afftxed my seal on the day and
y ar ftrst written abpve.
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otary Public for State of Montana
Residing at Bozeman, Montana /Cf6
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WHEELER MOBILE HOME PARK ANNEXATION TRACT
I, the undersigned owner of the real property situatcd in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of land containing 7.967 acres being located in the South Half of the
Northwest Quarter and the North Half of the Southwest Quarter of Section 11,
Township Two South, Range Five East, PMM, Gallatin County, Montana, and bcing
loeated in the 2700 block of West Babcock Street.
IN CONSIDERATION ofrcceiving approval for annexation of the subject property to the
City of Bozeman, along with accompanying rights and privileges and for othcr and valuable
consideration, the receipt of which is hereby acknowledged, in recognition of the change in traffic that
will be a result of the development of the above-descnbed 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 district for: 1) street improvements to W cst Babcock Strcet
including paving, curb and gutter, sidewalk, and storm drainage; and 2) street improvements to West
Mcndenhall Street including paving, curb and guttcr, sidewalk and storm drainage.
In the event Special Improvement Districts arc not utilized for the completion of these
projects, I agree to participate in an alternate financing mcthod for completion of said improvcments
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on a fair share, proportionate basis as detcrmined by square footage of the property, linear front
footage of the property, taxable valuation of the property, or a combination thercof.
I further waive my right to make any written protest against the proposed work or against thc
extent or creation of the districts to be assessed in response to a duly passed rcsolution of intention
to creatc one or more spccial improvement districts which would include the above-dcscribed
property.
This waiver shall be a covenant running with the land and shall not expire.
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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.
DATED this (0 day of " )11\. [1
.1996.
LANDOWNER
Steve~~~Home
Park.
STATE OF MONTANA)
: ss
County of Gallatin )
On this ~ Q day of ~ 1996, before me, a Notary Public for the State of
Montana, personally appeared Steve McGough, known to me to be the () wlvER of
Wheeler Mobile Home Park, whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same for and on behalf of said 0 w n e r .
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DOCUMENT NO. 338828
..... of'..., Countv of Gallak II Filed for record
at f : ~ 9 pM., aad l1JCorded in Book . 170 of
Shl'''' I. a-, ReIer.... .,
Rt: City of Bozeman
Fee: $48.00
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