HomeMy WebLinkAbout03- Wood Annexation
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Snallay Yanoa-Gallatin Co MT MISC 60.00
WOOD ANNEXATION AGREEMENT
. THIS AGREEMENT made and entered into this 7t1f day af-j4IJtJM-y);;- ,._'
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200 by and between the CITY OF BOZEMAN, a municipal cOlvoration and political subdivision
of the State of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-1230,
hereinafter refeHed to as "City" and KELLY AND RENON WOOD, 101 GIBSON DRIVE,
Bozeman, Montana 59718, hereinaiter ref cITed to as "Landowner".
WITNESSETH:
WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter
referred to as the "WOOD ANNEXA nON" tract situated in Gallatin County, Montana, and more
particularly described as follows:
Lot 7, Block 1, Walker Property Subdivision, Gallatin County, Montana
WHEREAS, the Landowner has petitioned the City [or mmexation o[ said tract ofland; and
WHEREAS, the WOOD 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.
WHEREAS, all parties recognize that the annexation of the WOOD ANNEXATION
pursuant to Section 7-2-4601, et 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 7-2~4610 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 insufficient
to enable it to supply reasonably adequate water and scwer service to additional cllstomers
outsicle the present city boundmies; and
WHEREAS, all parties recognize that the development of the WOOD ANNEXATION
wi II impact area streets, and that future improvements may require addi tional 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 WOOD ANNEXATION; and
WHEREAS, the Landowner finds that this Agreement will provide fl.)]" the most
satisfactory and dependable water supply and sewer supply or service available to furnish water
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Snallay Yanoa-Gallatln Co MT MISC 60.00
ancl wastewater collection, and provide traffic circulation for development near and within the
WOOD ANNEXATION; and
WHEREAS, the making and perfonuance of this Agreement is desirable to promote the
development of the most adequate water supply, wastewater collection and traffic circulation
pattem for the City as it now exists and as it is reasonably expected to enlarge; and
WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic
systems by the City is necessary and of mutual advantage to the parties hereto.
WHEREAS, the parties have detelmined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety and welfare of the community to enter
into and implement this Agreement.
WIT N ESE T H:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
pmiies hereto agree as follows:
1. Recitals
The above recitals are true and COlTect.
2. Annexation
The Landowner filed an application for annexation of the WOOD ANNEXATION with
the City. The City, on April 22, 2002, acknowledged the Petition for Annexation for the WOOD
ANNEXATION. By acknowledgement of this petition, the City has manifested its intention to
amlex the WOOD ANNEXATION tract pursuant to the tenus and conditions of this Agreement.
Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this
Agreement, adopt a Resolution of Nmexation of the WOOD 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 of this
Agreement and effectuate the annexation of the WOOD 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 WOOD ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined
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Snallay Yanoa-Gallatin Co MT MISC 60.00
The tenn "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 be amended, as well as any other temlS and conditions which apply to the City's provision
of this service. The term does not contemplate the extcnsion of lines or construction of
neccssary improvements at any cost to the City for delivery of water to and within the WOOD
ANNEXA TTON. Nothing in this Agreement shall obligatc the City to pay for right-of-way
acquisition, engineering, construction, and other costs for the delivery of water to or within the
WOOD 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 Agreement shall be the service
which is supplied by the City in accordance with Chapter 13.24, Bozeman Munlcipal Code, or as
may be amended, as well as any other terms and conditions which apply to the City's provision
of this service. The ternl does 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
WOOD 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 WOOD ANNEXATION to include, but not limitcd to, any impact fees, hookup,
cOlmection, or development charges which may be cstablished by the City.
6. Water Ri2hts
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
anticipated average annual consumption of water by residents and/or users of the
property when fully developed. The fce may be used to acquire water rights or for
improvements to the water system which would create additional watcr supply
capacity. Except, however, that for any annexation in excess of ten (l0) acres,
this policy shall be carried out prior to final plat approval of each development
phase.
- Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The Landowncr has paid cash in-lieu of water rights in the amount of $136.25.
7. Waiver of Ri2ht-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvemcnt
Districts for maintenance of any parks within the armexed area and/or of a City~wide Park
Maintenance District, which would provide a mechanism for the fair and equitablc assessment of
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Snallay Yanoa-Gallatin Co MT MISC 60.00
maintenance costs for such parks. Said Waiver is attached hereto as Exhibit "A" and is herehy
incorporated in and made a part of this Agreement.
Landowner agrees that in the event an S.LD. is not utilized for 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 detenllined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
12. Utility Easements
The Landowner understands and agrees that utility easements, a minimum of thirty (30)
feet in width, may be necessary for thc 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 issuancc of a building permit on the parcel(s).
13. Impact Fees
The Landowner hereby acknowledges that annexation and development of his property
will impact the City's existing street, water and sewer infi"astructure, and fire service
requirements. Thc Landowners and their successors shall pay all Fire and Strect Impact Fees
required by chapter 3.24, Bozcman Municipal Code, or as amended, at the time of application for
,my pennit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively.
There are existing stmctures on the propcrty including a house and guest house. Upon
annexation the landowners shall pay all Fire and Street impact fees which are due for all existing
structures. Water and Sewer hl1pact Fees have already been paid.
If the impact fees cUlTently 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 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 rcsult of such court decision after the date of the court decision. If, prior to
enactment of such 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 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.
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Snallay Yanoa-Gallatin Co MT MISC 60.00
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
landowner would have been cntitled 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 City or landowner on the same percentage as the
money rcleased 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 conncction of Annexation Tracts to municipal scrvices which are wholly
attributable to the property are "project related improvements" as defined In Chapter 3.24,
Bozeman Municipal Code, or as amendcd, 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 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 privilegc to takc legal action against
Landowners for the collection of such sum, including the entry of any
judgment. Tn addition, the City may, at its option, enforce payment of
such amount by lcvying an assessment on the premises.
B) Elect any 0 ther I' emedy available to City under t he laws of the State of
Montana.
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 defensc to the enforcement of this provision
by City that impact fees imposed pursuant to Chaptcr 3.24 ofthc 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 amlexation
agreements to specified amounts, or prohibiting any such payment,
landowner will pay such amount as specified 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. The parties further agree that the City
may file these documents at any time.
15. Governine Law and V cnne
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Snallay Yanoa-Gallatln Co MT MISC 60.00
This agreement shall be construcd under and governed by the laws of the state of
Montana. In the event oflitigation, venue is in the Eighteenth Judicial District Court, in and for
County of Gallatin, State of Montana.
16. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney
to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be
entitled to reasonable attorney's fees and costs, to include the salary and eosts of in-house
counsel including City Attorney.
17. Waiver
No waiver b y either party 0 f any breach 0 fany 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 bc deemed waived by either party unless
waived in writing.
18. In valid Provision
The invalidity or unenforceability of any provision of this agreement shall not airect the
other provisions hereof, and this Agreement shall be construed in all respccts as if such invalid or
unenforceable provision were omitted.
19. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
20. 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.
21. Successors
This Agreemcnt shall be binding upon, inure to the benefit of and be enforceable by the
paliies hereto and their respective heirs, successors and assigns.
22. Covenants to RUIl with the Land
The parties intend that the terms of this Agreement shall be covenants nllming with the
land and shall not expire at their deaths or upon transfer of ownership of the property.
The undersigned Landowner affinns that they havc authority to enter into this Agreement
on behalf of their corporation, and to bind the corporation to this Agreement
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written.
LANDOWNERS
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STATE OF MONTANA )
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COUNTY OF GALLA TIN ) 11-(.1 !
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On this -77f1 day of",/ AN i!1f('..y ,20af! A-cE.>4<'.;- 'Dc"ci"vN" , before
me, the undersigned, a Notary Public for the State of Montana, personally appeared Renon Wood
and Kelly Wood, known 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 Notarial Seal the
day and year first above written.
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Snallay Yanoa-Gallatln Co MT MISC 60.00
CITY OF BOZEMAN
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By: CLARK V. JOHNSON, City Manager
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Clerk oftbe City Commission
STATE OF MONTANA )
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COUNTY 0 F GALLATIN )
On this L day of , 20~efore me, a Notary Public
for the state of Montana, personally appe ed 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 respectively, of the City of Bozeman, whose names are subscribed
to the within instnlmcl1t and acknowledged to me that they executed the same for and on behalf
of said City.
IN WITNESS WHEREOF, I have hereunto set my hm and affixed my official seal the
day and year first above written. I
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EXHIBIT "A"
Snallay Yanoa-Gallatln Co MT MISC
60.00
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
WOOD ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 7, Block 1, Walker Property Subdivision, Gallatin County, Montana
IN CONSIDERATION of receiving approval for annexation of the subjcct property
from the City 0 fB ozeman, a long with accompanying rights and privileges and 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 wai ved and doh ereby waive for itself, its successors a nd assigns, the right to
protest the creation of one or more special improvement districts for maintenance of any parks
within the annexed area and/or of a City-wide Park Maintellance District, which would
provide a mechanism for the fair and equitable assessment of maintenance costs for City parks,
or to make any written protest against the size or area or creation of 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 mmling with the land and shall not cxpirc with the
dissolution of the corporation, 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 sLlccessors-in-interest and assigns of the parties hereto.
DATEDthis~dayof ~ rAP~
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LANDOWNERS
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Renon Wood
STATE Of MONT ANA )
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COUNTY OF GALLATIN ) ,
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On this ~ day o~ ' 200~ 1\"l....iC )LA ~ T.Ao;Ary J , before
me, the undersigned, a Notary Public for the State of Montana, personally appeared Renon Wood
and Kelly Wood, known to be the persons whose names arc subscribed to the within instrument
and acknowledged to me that thcy executed the same.
IN WITNESS WHEREOF, [have hcreunto set my hand :md affixed my Notarial Seal the
day and year first above written.
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Wood Annexation Agreement
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