HomeMy WebLinkAbout04- Wheeler Annexation Agreement
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ 1111 ~II ~~l~l~~~~p
WHEELER ANNEXATION AGREEMENT
8naUay Vanoa-G.ri"latin eo MT MS"C" 120.00
TI-IIS AGREEMENT is made and entered into this 19th
day of
Jul y , 20..---DL, by and between the OTY OF BOZEMAN, a municipal
corporation and political subdivision of the State of Montana, with offices at 411 East Main
Street, Bozeman, Montana 59771-1230, hereinafter referred to as "Gty", and Wilda
Wheeler, 1409 Durston Road, Bozeman, MT 59715 hereinafter referred to as
"Landowner" .
WITNESSE1H:
WHEREAS, the Landowner is owner in fee of a tract of certain real property,
hereinafter referred to as the "WHEELER ANNEXATION", situated in Gallatin O:.ll1nty,
Montana, and more particularly described as follows:
A tract of land located in the Southwest one- quarter of Section 1,
Township 2 South, Range 5 East of the Principal Meridian of Montana,
Gallatin County, Montana, and being further described as follows:
Commencing at the Southwest comer of said Section 1.
Thence South 890 10' 48" East along the South line of said Southwest quarter
a distance of 1234.15 feet; thence South 88058' 38" East along the South line
of said Southwest quarter a distance of 183.18 feet to the True Point of
Beginning.
Thence South 88058' 38" East along the South line of said Southwest one-
quarter, a distance of 183.19 feet.
Thence North 020 15' 36" West along the easterly line of a tract conveyed in
Book 139, Page 515, a distance of 195.46 feet.
Thence North 880 58' 38" West along the northerly line of said tract, a
distance of 183.19 feet.
Thence South 020 15' 36" East along the westerly line of said tract, a distance
of 195.46 feet to the True Point of Beginning.
Said tract of land being 0.8206 acres along with and subject to all existing
easements.
LWHEELER ANNEXATION AGREEMENT
1 I
)
111111111111 1111111111111111111111111111111111111111111 ~~tj~(~~~p
Snallay Vanoa-Gallatln Co MT MISC 120.00
WHEREAS, the Landowner has petitioned the Gty for annexatlon of the
contiguous tract; and
WHEREAS, the WHEELER ANNEXATION is not within the corporate limits
of the Gty or other municipality but is contiguous to the Gty and may therefore be annexed
to the Gty in accordance with the provisions of this Agreement and M.C.A. Title 7, Olapter
2, Part 43.
WHEREAS, all partles recogmze that the annexatlon of the WHEELER
ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said
property to Gty services, including municipal water and sewer service, upon their availability,
and
WHEREAS, M.C.A. Section 7~2-4305 provides that a municipality and landowner
can agree to the provision of services to the area to be annexed; and
WHEREAS, the Gty'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 Landowner wishes to convey to the Gty certain water rights or take
some equivalent action to provide water and sewer service to the WHEELER
ANNEXATION; and
WHEREAS, all parties recogmze that the development of the WHEELER
ANNEXATION will impact Durston Road, North 15th Avenue and North 11th Avenue,
and will require additional public street improvements for traffic circulation; 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
I WHEELER ANNEXATION AGREEMENT
2 I
traffic circulation for development near and within the WHEELER ANNEXATION; and
1111111111111111111111111111111111111111111111111111111 ~~t~~f~~~p
SnalllY Vanoa-Gallatln Co MT MIse 120.00
WHEREAS, the making and performance of this Agreement is desirable to promote
the development of the most adequate water supply and traffic circulation pattern for the
Oty 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 Oty
is necessary and of mutual advantage to the parties hereto; and
WHEREAS, the parries have determined that it is in the best interests of the Oty
and the Landowner, and in furtherance of the public health, safety and welfare of the
community to enter into and implement this Agreement.
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 Landowner filed an application for annexatlon of the WHEELER
ANNEXATION with the Oty. The Oty, on October 27,2003, adopted a Resolution of
Intent to Annex the WHEELER ANNEXATION. By execution of this Agreement, the
Oty has manifested its intention to annex the WHEELER ANNEXATION tract
pursuant to the te1TI1S and conditions of this Agreement. Subject to the provisions of Title 7,
Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of
Annexation of the WHEELER 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 te1TI1S, conditions and provisions of this Agreement and
effectuate the annexation of the WHEELER ANNEXATION tract to the Oty.
I WHEELER ANNEXATION AGREEMENT
3 I
1111111111111111111111111111111111111111111111111111111 ~~t~~(~f~p
Snallay Vanoa-Gallatln Co MT MISC 120.00
3. Setvices Provided
The Gty will, upon annexation, make available only existing Gty setvices to the
extent currently available, including but not limited to police protection and fire protection,
to the WHEELER ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water setvice" as is used in this Agreement shall be the service
which is supplied by the Gty in accordance with Chapter 13.12, Bozeman Municipal O:>de,
or as may be amended, as well as any other terms and conditions which apply to the Gty's
provision of this setvice. The term does not contemplate the extension of lines or
construction of necessary improvements at any cost to the Gty for delivery of water to and
within the WHEELER ANNEXATION. Nothing in this Agreement shall obligate the
Gty to pay for right-of-way acquisition, engineering, construction, and other costs for the
delivery of water to or within the WHEELER ANNEXATION to include, but not limited
to, any impact fees, hook~up, connection, or development charges which may be established
by the Gty except as agreed to in the AGREEMENT FOR 1HE PROVISION OF
"MUNIOPAL WATER SERVICE between the Gty of Bozeman and Wilda Yvonne
Wheeler dated July 17, 2000, attached hereto as Exhibit C. The applicant is further on
notice that prior to redevelopment the applicant will be responsible for installing any
facilities required to provide full municipal setvices to the property in accordance with the
Gty of Bozeman's infrastructure master plans and all city policies that may be in effect at the
time of redevelopment.
s. Municipal Sewer Setvice Defined
The term "municipal sewer setvice" as is used in this Agreement shall be the setvice
which is supplied by the City in accordance with Oupter 13.24, Bozeman Municipal Code,
-I
~___I
I WHE~LER ANNEXATION AGREEME-NT
1111111111111111111111111111111111111111111111111111111 ~J;~J:4:t~,
Snallav Vanoa-Gallat1n Co MT MISC 120.00
or as may be amended, as well as any other terms and conditions which apply to the Cty's
provision of this service. The term does not contemplate the extension of lines or
construction of necessary improvements at any cost to the Gty for collection of sewage at
and within the WHEELER ANNEXATION. Nothing in this Agreement shall obligate
the Cty to pay for right-of-way acquisition, engineering, construction, and other costs for
the collection of sewage services to or within the WHEELER ANNEXATION to include,
but not limited to, any impact fees, hookup, connection, or development charges which may
be established by the Oty. The applicant is further on notice that prior to redevelopment
the applicant will be responsible for installing any facilities required to provide full municipal
services to the propertY' in accordance with the Cty of Bozeman's infrastructure master
plans and all city policies that may be in effect at the time of redevelopment.
6. Future Development
Landowner understands and agrees that there is no right, either granted or implied
by the Oty, for the Landowner to develop any of the WHEELER ANNEXATION until
it is verified by the Oty that necessary municipal services and facilities are available to all or a
portion of the WHEELER ANNEXATION. The Landowner is hereby on notice that
the continued use of the property for a residence and a dance studio has been approved as a
legal nonconforming use. The dance studio shall be permitted to remain as a legal
nonconforming use unless the use is discontinued for a period greater than ninety days. Any
future use of the property shall be in conformity with the provisions of the Cty of Bozeman
Zoning Ordinance.
7. Impact Fees
The Landowners hereby acknowledge that annexation and development of their
property will impact the Ory's existing street, water and sewer infrastructure, and fire service
I WHEELER ANNEXATION AGREEMENT
51
1111111111111111111111111111111111111111111111111111111 g~~~~:~~,
Snallay Vanoa-Gallatin Co MT MIse 120.00
reqUlrements. The Landowners shall pay all applicable Fire and Street Impact Fees
required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of
annexation. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman
Municipal Code are subsequently voided or declared invalid by a court of competent
jurisdiction, Landowners agree to pay the Gty fees or assessments established by the Gty for
impact on Gty 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. If, prior to enactment of such revised Chapter, the Landowner applies for any
pennit which actuates or would have actuated impact fees pursuant to the current Chapter
3.24 of the Bozeman 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 for 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 held in escrow shall be released to the Gty or landowner on the same
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 WHEELER ANNEXATION to municipal services
which are wholly attributable to the property are "project related improvements" as defined
~_~EELER ANNEXATION AGREEMENT.__
__?J
1111111111111111111111111111111111111111111111111111111 ~:t~1 ~?~,
Snallay Vanoa-Gallat1n Co MT MISC 120.00 .
in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for
impact fee credits.
If Landowners default on this condition at the time such is to be performed, and
should default not be remedied or corrected within thirty (30) days after written notice by
aty to Landowners of such default, aty may at their option:
A) Declare the amounts owing for impact fees immediately due and payable and
aty 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 aty may, at its option, enforce payment of such amount by
levying an assessment on the premises.
B) Elect ,my other remedy available to aty under the laws of the State of
Montana.
q Any waiver by aty 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
the aty that impact fees imposed pursuant to Chapter 3.24 of the Bozeman
Municipal Code are subsequently voided or declared invalid by a court of
competent jurisdiction. It is the express intention of the parties 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 specified above.
I WHEELER ANNEXATION AGREEMENT
7 I
1111111111111111111111111111111111111111111111111111111 ~~t~~f~~~p
Snallav Vanoa-Gallatln Co MT MISC 120.00
8. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the
WHEELER ANNEXATION for a system designed to remove solids, oils, grease, and
other pollutants from the runoff from the public streets must be provided to and approved
by the aty Engineer at the time of any future redevelopment. The master plan must depict
the maximum sized retention/detention basin location and locate and provide casements for
adequate drainage ways within the area to transport runoff to the stormwater receiving
channel(s). The plan shall include site grading and elevation information, typical stormwater
detention! retention basin and discharge structure details, basin sizing calculations, and
stormwater maintenance plan.
9. Traffic Analysis Report
Landowner may be required to provide a detailed Traffic Analysis Report(s) at the
time of future development of any portion of the annexed property.
10. Waiver of Right-to- Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest G-eation of Special
Improvement Districts for:
a. Future signalization of the intersection of DUl-ston Road /North 11th
Avenue and Durston Road /North 15th Avenue.
b. A City-wide Parks Maintenance District
Said Waivers are attached hereto as Exhibits A and B.
11. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the
Gallatin County derk and Recorder prior to the sale of any land within the WHEELER
I WHEELER A~~..~XATION AGREEfv:\ENT
81
111111'111111111111111111111111111111111111111111111111 ~~t1~(~~~p
Snallay Vanoa-Gallatln Co MT MISC 120.00
ANNEXATION. The panies further agree that the Gty may file these documents at any
tlme.
12. Governing Law and Venue
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 Eighteenth
Judicial District Court, Gallatin County, State of Montana.
13. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the tenns or conditions of this Agreement, then the prevailing
party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs
of in- house counsel including Gty Attorney.
14. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be
deemed a waiver of the same or any subsequent breach of this same or any other term,
covenant or agreement. No covenant, term or agreement shall be deemed waived by either
party unless waived in writing.
15. 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.
16. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by
I WHEELER ANNEXATION AGREEMENT
9 I
a writing signed by the parties hereto.
17.
No Assignment
111111111111111111111111111111111111111111111111111111 ~:t~J.:t~~p
Snallay Vanoa-Gallatin Co MT MISC 120.00
It is expressly agreed that the Landowner shall not assign this Agreement in whole or
in part without prior written consent of the Gty.
18. 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.
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 transfer of ownership of the property.
The undersigned Landowners affirms that they have authority to enter into this
Agreement on behalf of their partnership, and to bind the partnership to this Agreement.
IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
I WHEELER ANNEXATION AGREEMENT
lOJ
1111111111111111111111111111111111111111111111111111111 ~:t~l~,f.~,
Snallay Yanoa-Gallatln Co MT MISC 120.00
LANDOWNER
/';/ /,? )
L: (<tA~t"Z ;--z_ ,/C~,f(~~~~~;~'
Wtlda Wheeler
STATE OF MONTANA)
:ss
County of Gallatin )
On this 9 day of AI.A--. L , 2012!L, before me, the
undersigned, a Notary Public for the St~ of :rVGntana, personally appeared Wtlda Wheeler,
known to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
.,(SEAL)
\ ~,\I A /.'
~ 'I :', ") ,
-l . ,
::: \ f III Ii~:" ~
.:~ ""- .~... "{ .'; ~..~ \ t,: \. lL'. jI
"..A ", 1,-
... A'.
.4',.. \ ill.
',"
n t7'
f{ .-fa.JM
Printed Name Here r:t. S, l. -' Jr I- T-e
Notary Public for the State of Montana
Residing at)/.g D""c...e..~.....tf, Montana
My Comrnission Expires V-L '74=>.7
(Use 4 digits for expiration year)
~EELER ANNEXATION AGREEMENT
11 I
III~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~:t~l~,~~p
Snallay Yanoa-Gallatln Co MT MISC 120.00
CITY OF BOZEMAN
1\1anager
ATTEST:
~Jh~
Ro ill L. Sullivan,~:>..
derk of the Gty Comrri.i$~n
STATE OF MONTANA)
:ss
County of Gallatin
On the I c; day of -J ...vt"r, , 20 E.i, before me, a Notary Public for the
State of Montana, personally appeared RON BREY AND ROBIN L. SULLIVAN, known
to me to be the Acting Gty Manager and derk of the Gty Commission respectively, of the
Gty 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 Gty.
IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and }'Ear first written above.
(Seal)
---r--~<.(
Printed Name re ""1":"-Coop~
Notary Public for the State of Montana
Residing at Bo-c~~,,- , Montana
My Commission Expires ~Uroc,.
(Use 4 digits for expiration }'E":/r) .
'.-'0_
. ,
" .,~
".' ''''+. r-'. ~
I WHEELER ANNEXATION AGREEMENT
12 I
1111111111111111111111111111111111111111111111111111111 ~:t~!.~~~P
Snallay Yanoa-Gallatln Co MT MISC 120.00
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICfS
WHEELER ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
A tract of land located in the Southwest one- quarter of Section 1,
Township 2 South, Range 5 East of the Principal Meridian of Montana,
Gallatin County, Montana, and being further described as follows:
Conunencing at the Southwest comer of said Section 1.
Thence South 89010' 48" East along the South line of said Southwest quarter
a distance of 1234.15 feet; thence South 88058' 38" East along the South line
of said Southwest quarter a distance of 183.18 feet to the True Point of
Beginning.
Thence South 88058' 38" East along the South line of said Southwest one-
quarter, a distance of 183.19 feet.
Thence North 020 15' 36" West along the easterly line of a tract conveyed in
Book 139, Page 515, a distance of 195.46 feet.
Thence North 880 58' 38" West along the northerly line of said tract, a
distance of 183.19 feet.
Thence South 020 IS' 36" East along the westerly line of said tract, a distance
of 195.46 feet to the True Point of Beginning.
Said tract of land being 0.8206 acres along with and subject to all existing
easements.
IN CONSIDERATION of recelvmg approval for annexatlon of the subject
property from the Gty of Bozeman, along with accompanying rights and privileges and for
other and valuable consideration, the receipt of which is hereby acknowledged, and in
recognition of the impact to Durston Road, North 11th Avenue and North 15th Avenue,
which will be caused by the development of the above-described property, the owner has
waived and do hereby waive for itself, its successors and assigns, the right to protest the
creation of one or more special improvement districts for the signalization of the
intersection of Durston Road and North 11th Avenue and Durston Road and North
15th Avenue or to make any vvritten protest against the size or area or creation of the
I WHEELER ANNEXATION AGREEMENT
13 J
111111111111 111111111111111111111111111 1111111111111111 ~~tjl~0~~P
Snallay Yanoa-Gallatln Co MT MISC 120.00
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 my
death, provided however this waiver shall apply to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-interest and assigns of the parties hereto.
DATED this e-lt.-dayof ...)vl....y
,2004-.
LANDOWNER
/ / .
. <.,~",/ (<t,..i~r"'/~
'W.Jda Wheeler
I /)
// "t'-
(c' >/<:t'c<c:,<-,-
STATE OF MONTANA)
:ss
County of Gallatin )
On this 8 day of t1o~ ' 20 {) <<t; before me, the
undersigned, a Notary Public for the S1' of Montana, personally appeared W.Jda Wheeler,
known to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
, '
(SEAL)
~ -I eJ~
Printed Name Here R. s. tV It :~
Notary Public [or the State of Montana
Residing at ~. 'Z -e ..... ",.." , Montana
My Commission Expires r't . () y -}I..d;t7.t:7ctJl
(Use 4 digits for expiration year)
I., .. ~,..
.' ~~....
f"I r:
I WHEELER ANNEXATION AGREEMENT
141
I \11111 111111111 1111111111111111111111111111\11 1\11111 ~:t~?t.~ ~
Snallay Yanoa-Gallatln Co MT MISC 120.00
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WHEELER ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
A tract of land located in the Southwest one~ quarter of Section 1,
Township 2 South, Range 5 East of the Principal Meridian of MomaIl<l,
Gallatin County, Montana, and being further described as follows:
Commencing at the Southwest comer of said Section 1.
Thence South 890 10' 48" East along the South line of said Southwest quarter
a distance of 1234.15 feet; thence South 88058' 38" East along the South line
of said Southwest quarter a distance of 183.18 feet to the True Point of
Beginning.
Thence South 88058' 38" East along the South line of said Southwest one-
quarter, a distance of 183.19 feet.
Thence North 020 15' 36" West along the easterly line of a tract conveyed in
Book 139, Page 515, a distance of 195.46 feet.
Thence North 880 58' 38" West along the northerly line of said tract, a
distance of 183.19 feet.
Thence South 020 15' 36" East along the westerly line of said tract, a distance
of 195.46 feet to the True Point of Beginning.
Said tract of land being 0.8206 acres along with and subject to all existing
caselnents.
IN CONSIDERATION of recelvmg approval for annexatlon of the subject
property from the aty of Bozeman, along with accompanying rights and privileges and for
other 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 owner has waived and do hereby waive for itself, its
successors and assigns, the right to protest the creation of one or more special improvement
districts for a City-wide Parks Maintenance District or to make any written protest
against the size or area or creation of the district be assessed in response to a duly passed
I WH_EELER ANNEXATION AGREEMENT
__ill
\ 1"111 "11\ \1"111\\11\ "11\ 1\ III\\\~\\~ "1111 \~~\~, ~:~:ir~,~~3P
Snal1ay Yanoa-Gallatin Co MT
resolution of intentlull 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 my
death, provided however this waiver shall apply to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-interest and assigns of the parties hereto.
DA1EDthis~dayof J ""'""'l-4
, 20 d 0/.
LANDOWNER
J "' J}
. ,'ij<k" /L /~~ f;'/c-t.
Wilda Wheeler y
STA1E OF MONTANA)
:ss
County of Gallatin
On this .g, day of d ~ ' 20~, before me, the
undersigned, a Notary Public for the StMe of Mo tana, personally appeared Wilda Wheeler,
known to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same.
IN W'ITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
(SEAL)
y:? ~-II~A
Printed Name Here I'f. 5. 4.Jh I r <-
Notary Public for the State of Montana
Residing at I(7D r~.u. ...ilC , Montana
My C..ommisslon Expires '-/ -,X ~-~
(Use 4 digits for expiration year) J co 7
(' f>
I WHEELER ANNEXATION AGREEMENT
16 I
..'
.,
EXHIBIT C
AGREEMENT FOR THE PROVISION OF MUNICIPAL WATER SERVICE
WHEREAS, Montana Department of Health and EnVironmental Services (MDHES)
conducted an analysis of groundwater in that area of Gallatin County, State of Montana in
1989 and 1990, now known as the Bozeman Solvent Site (8SS); and
WHEREAS, the groundwater analyses disclosed that groundwater was impacted
by perchloroethylene (peE), tetrachloroethylene (TeE), and dlchloroethylene (DeE) at
levels In eXcess of those permitted in drinking water by various federal and state
regulations; and
WHEREAS, WILDA YVONNE WHEELER, maintains her principal place of
residence within that area commonly known as the BSS, but outside the territorial
boundaries of the City of Bozeman; and
WHEREAS, WILDA YVONNE WHEELER utilized this groundwaterfordomestic and
irrigation purposes and is not now provided municipal water; and
WHEREAS, MDHES issued an Interim Water Supply Order, Docket No, WQ~93-
101, on June 18, 1993, directing the City to provide municipal water service to the Wheeler
residence located at 1409 Durston Road; and
WHEREAS, WILDA YVONNE WHEELER is desirous of accepting municipal water
supply for domestic purposes only and the City is required to undertake at its sole expense
those steps necessary to provide municipal water servicej
WHERE.r~C?REJ .n IS HEREBY AGREED, by and between WILDA YVONNE
.. -~ . ....-_ J '. .
WHEELER and the .Cit~.b(Bo;zeman as follows:
l'hh 0'0.';;' l.t!' a",.~~~~~a: - QOW801 oClpy- of tha
O'lgl"'~;"" JM,. In "I ottle..
_,' ~ ..~~;;.~,:' ~~.:;-.: .::: 0
- '. Cl*~ ':ot.~..Ouy Commission.
,",--~ -~"...\"-'"- .
M:\20028\007\881-11044.WPD
'. '
9/2"d 62S'OH
WClLJ MtJl 3ClOOW
WdEE:E 17002'2Z'Hm
0.
CO ::
I") ~ ~
'"
'It '0 ot"
...... .... g
10- ~
.....
.... . ...
m-
N.....
0.'"
'"
'"
!!!!!!!!!!!!!! 0
-...
----
----
-
===~
-...
==:0:
i:
!!!!!!!!!!!!!! 8
l:
-
-~
.":
-
-.
=<j'
:1
l:
~~
iiiiiiiiiiiiii ,..
-.
--
iiiiiiiiiiiiii ..
~~
.-..
~
,r-
" ,
I'
1111111111111111111111111111111111111111111111111111111 ~~~~jl?0~~P
Snallay Yanoa-Gallatin Co MT MISC 120.00
1. That the City of Bozeman, within 120 days following the execution of this
Agreement by WILDA YVONNE WHEELER, shall hook up the Wheeler residence located
at 1409 Durston Road to the municipal water supply at the City's sole expense.
2. That the construction of the line and service connections shall be performed
in the least invasive fashion so as not to destroy trees, flower beds, vegetable gardens,
lawns, shrubbery, or other permanent fixtures located upon the Wheeler property.
3. That the City, at its sole expense, shall also install those valves and other
mechanical nems necessary to reduce water pressure from the service line to the interior
of the home.
4. That the City, at the time of the installation of the service line, shall also install
a water meter with a remote reader at the Wheeler residence.
5. That WILDA YVONNE WHEELER, as long as she owns the premises as
identified herein and utilizes the same as her principal place of residence, will not be
required to pay for municipal water utilized for domestic purposes.
6. ThatWILDA YVONNE WHEELER shall execute those documents necessary
so as to grant to the City an easement upon that portion of her property necessary for the
City to install the water service line, and water meter, which line and meter shall remain the
property of the City of Bozeman. Specifically, WILDA YVONNE WHEELER shall execute
that document entitled, "Bozeman City.Water Works Application for Service Connection"
which is attached hereto as Exhibit 'IA," and by this reference is made an integral part of
H:\20028\OO7\BSH 1044. WP D
9/E.d
626"ON
WC:l L.::l Mtfl 3C:lOOW
Wd\7E : E \7002 " 22 . f~m
.' l
J
~ J\ "\
"
_.
\
,,-..,
1111111111111111111111111111111111111111111111111111111 ~~t~l~0~~P
Snallay Yanoa-Gallatln Co MT MISC 120.00
this Agreement. To the extent that Exhibit "A" conflicts with this "Agreement for the
Provision of Municipal Water Servics," the latter document shall govern.
7. That upon WILDA YVONNE WHEELER's sale of the property or upon the
property's utilization for other than Wheelerls principal place of residence, the munIcipal
water will no longer be provided free of charge, but rather shall be charged as all other City
water accounts are then charged.
8. That WILDA 'YVONNE WHEELER, by accepting municipal water service, has
not agreed to the annexation of her residence into the City of Bozeman, nor shall the City
cause annexation of the Wheeler residence due solely to its provision of municipal water
to saId residence. The City, however, shall retain the right to commence annexation
proceedings for any other reasons permitted by state law.
9. That WILDA YVONNE WHEELER shall execute those documents necessary
so as to grant the City an easement upon her property to the extent necessary to permit
the periodic reading of the water meter.
10. That WILDA YVONNE WHEELER shall use municipal water only for
domestic (in-home) purposes, and not for irrigation purposes or any other outdoor purpose.
11. This Agreement contains the entire agreement between WILDA YVONNE
WHEELER and the City of Bozeman with regard to all matters set forth herein, and shall
be binding upon and inure to the benefit of the executors, administrators, personal
representatives, heirs, successors, and assigns of each.
H:\2002I;\\007\6SH 1 044. WPO
9/v'd
6Z6'ON
W~U Ml:ll 3tJOOW
WdvE:E v00Z"Zz'Nnr
.I,t ....
I '.
~ .I " ~
. .
..--..
\
..-
. ..
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ 111111 ~J;~!.~~~P
Snallay Yanoa-Gallatln Co MT MISC 120.00
12.
This Agreement is entered into within the State of Montana and shall be
construed and interpreted in accordance with the laws of said jurisdiction.
13, The parties hereto agree to cooperate fully and execute any and all
supplementary documents and to take all additional actions which may be necessary or
appropriate to give full force and effect to the basic terms and intent of this Agreement.
14. This Agreement shall become effective immediately upon its execution by
each of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands this 17th
:fu../'1
day of ~ 2000.
!tJ4~/pnfIIJ J/~Jfi/
WILDA NNE WHEELER
CITY OF BOZEMAN
i ~~-
CLARK JOHNSON
City Manager
H:\2002B\OO7\BSH1044.WPD
9/S"d
626 "ON
W~ LJ Mtll 3mow
WdbE:E b002'22 "Nnr