HomeMy WebLinkAbout06- Tract 17 & 19 Homesite Annexation Annexation
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~ TRACT 17 AND 19 HOMESITE ANNEXATION
\.L ~'\'\ . ANNEXATION AGREEMENT
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'" THIS AGREEMENT is made and entered into this , 200G, by
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~<D and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of
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N-~ Montana, with offices at 411 East Main Street, Bozeman, Montana, and mailing address at P.O. Box 1230,
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0..0 Bozeman, Montana, 59771-1230, hereinafterreferred to as "City," and L.A.S.T., LLC, 924 Stoneridge
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_ ..... Drive, Suite 1, Bozeman, MT 59718, hereinafter referred to as "J_andowner."
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iiiiiiiiiiiiiii WITNESSETH:
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-<I) WHEREAS, the Landowners ate owners in fee of tracts of certain real property, hereinafter
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-~ That part of the SW% of Section 1, T2S, R5E, PMM, Gallatin County,
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-(jl Montana, described as follows: Tracts 17 and 19 of the Homesite
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=--< WHEREAS, the Landowners have petitioned the City for annexation of the contiguous tracts;
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WHEREAS, the TRACT 17 AND 19 I-10MESITEANNEXATION is not within dle corporate
limits of the City of Bozeman or other municipality but is contiguous to the City and may therefore be
annex.ed to the City in accordance with the provisions of this Agreement and MCA Title 7, Chaptcr 2,
Part 43; and
WHEREAS, all parties recob>11ize that the annexation of thc TR/\CT 17 AND 19 HOMI,:SITF
ANNEXATION pursuant to Section 7-2-4301, et seq., MeA, will entitle the said propert\' to City
services, including municipal water and sewel- service, upon their availability; and
WHEREAS, MeA 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 City's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaties; and
WHEREAS, the Landowners wish to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the TRACT 17 AND 19 HOtvlESlTl':
ANNEXATION; and
WHEREAS, the 1 _andowners find that this Agreement will provide for dle most satisfactory and
dependable water supply ot service available to furnish water and prm'ide traffic circulation for
development near and within the TRACT 17 AND 19 HOMESITE ANNEX.ATION; and
WHEREAS, the m.aking and performance of tills Agreement is desirable to promote the
ITRACT 17 ANI) 19 HOMESITE ANNEXATON. #A-05003 ] I
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development of the most adequate water supply and traffic circulation pattern for the City as it now exists
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M-N WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary
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to 00 and of mutual advantage to the panies hereto; and
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N0i8 WHEREAS, the parties have determined that it is in the best interests of the City and the
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-0 Landowners, and in furtherance of the public health, safety, and welfare of the community to enter into
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:;; and implement this Agreement.
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IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
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iiiiiiiiiiiiii ;: hereto agree as follows:
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~o 1. Recitals
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_.~ The above recitals arc true and correct.
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~~ 2. Annexation
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-c The Landowner med an application for annexation of the TRACT 17 AND 19 HOMESITE
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-., ANNEXA TlON with the City on March 1,2005. The City, onJuly 5, 2005, adopted Resolution ofIntcnt
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==== <I) to Annex No. :)814 for the TRACT 17 AND 19 HOMESITE ANNEXATION. By execution of this
Agreement, the City has manifested its intention to annex the TRACT 17 AND 19 HOMESITE
ANNEXA TION tracts pursuant to the terms and conditions of this Agreement. Subject to the
provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of tlus J\greem.ent, adopt a
Resolution of Annexation of the TRACT 17 AND 19 HOMESITE ANNEXATION to the Citv.
Further, upon the execution of this Agreement, the Landowners 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
effechlate the annexation of the TRACT 17 AND 19 HOM! <:SlTE ANNl ~XA TION tracts 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 TRACT 17 AND 19 HOMESITE ANNEXA TION, as provided in tlus Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this Agreement shall be the service wluch is
supplied by the City in accordance with Chaptern.12, B07eman Municipal Code, or as rnay be amended,
as well as any other terms and conditions wluch apply to the City's provision of tlus service. The term
does not contemplate the extension of lines or construction of necessary improvements at any cost to tlle
City for delivery of water to and within the TR..c\.CT 17 AND 19 HOMESITI-,: ANNEXATION.
Nothing in this ,\greement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the delivery of water to or within the TRACT 17 AND 1 <) HOMESITE
ANNEXA TlON to include, but not lintited to, any impact fees, hook-up, connection, or development
ITRACT 17 AND 19 HOMESITE ANNEXATON. #A-05003 2 I
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charges which may be established by the City. Pursuant to Provision 7 of the Agreement for the
Provision of Municipal Water Service, at the titne of the sale of Lot 17 or if the current owner is not using
a. it as their principal place of residence, the City shall be inunediately notified as Lot17 will be billed for its
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NOi~ 5. Municipal Sewer Service Defined
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iiiiiiiiiiiiiii <:) The tcnn "municipal sewer service" as is used in this Agreement shall be the service which is
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- as well as any other terms and conditions which apply to the City's provision of this service. The term
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_E does not contenlplate the extension oflines or construction of necessary inlprovements at any cost to the
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iiiiiiiiiiiiiii 0 City for collection of sewage at and within the TRACT 17 AND 19 HOMESITE ANNEXATION.
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_.~ Nothing in this Agreement shall obligate the City to pay for right-oE-way acquisition, engineering,
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='" constll.lCtion, and other costs for the collection of sewage services to or within the TRACT 17 ;\ ND 19
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=c I-IOMESITI-<: ANNr;:XATION to include, but not limited to, any impact fees, hookup, connection, or
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-", development charges which may be established by the City. Upon annexation and upon availability of
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_<I) service, the existing residences on the properties must be connected to City sewer utilities. The existing
on-site treatment systems must be properly abandoned and certification provided the abandonment
occurred. I f the properties are to be serviced by a lift station, it shall be privately owned and maintained.
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 licu thereof, equal to the
anticipated average annual consumption of water by residents and/ or users of
thc 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, tlus policy shall be carried out prior to final plat approval of each
development phase.
"Section 2, No.5, Comnussion Resolution 3137, Adopted August 19,199(;
The TR.A.CT 17 AND 19 HOMESITE ANNr~XATION consists of approximately 3.1 acres
(exclusive of adjacent right-of-way). The Landowner understands and agrees that they must provide
sufficient water rights in accordance with the City's policy according to the following schedule:
TRA CTl 7 AND 19 H 0 M ES IT E ANNEXATION, consisting of a total
of :1.1 acres, shall provide water rights or cash-in-lieu in the amount of
$ S;J:Y8.1! to the City of B07eman, at the time the ;\ nnexatioll
Agreement is subm.itted.
ITRACT 17 AND 19 HOMESITE ANNEXATON. #A-050m :1 I
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The l,andowners shall provide sufficient cash-in-lieu as calculated by the City in accordance with
its policy at d1e time of calculation. The Landowners further understand that the City will calculate dIe
a. average annual diversion requirement necessary to provide water to dIis annexation tract on the basis of
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N0i8 7. Comprehensive Water and Sewer Design Report
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~." Prior to development of the subject annexation, the applicant's engineer will be required to
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iiiiiiiiiiiiiii utilities. The report must include hydraulic evaluations of each utility for both existing and post
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_i: development demands. The report findings must demonstrate that adequate capacity is available to servc
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=:E full development of the annexation area. If adequate water and/ or sewer capacity is not available for the
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- ! necessary system unprovements to serve the full deve opment.
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~ i5j 8. Future Development and/ or Subdivision
Landowners understand and agree that there is no right, eithcr granted or implied by the City, for
dIe Landowners to develop any of the TRACT 17 AND 19 HOMI-':SlTE ANNEXATION until it is
verified by the City that necessary municipal services, including but not limited to police and fIre
protection, are available to all or a portion of the TRA..Cr 17 AND 19 HOMESITE ANNnXATION.
The Landowner is hereby on notice of the following requirements upon further development or
subdivision of the TRACT 17AND 19 IIOMESITE ANNEXATION:
a) That, prior to development, the applicant will be responsible for installing any facilities
required to provide fuD municipal services to the property in accordance with dIe City of
B07eman's infrastructure master plans and all city policies that may be in effect at the time
of development.
b) The Montana Department ofrish, Wildlife and Parks shall be contacted by the Applicant
regarding any proposed ditch/stream relocation and any required pen-nits (i.e., 310, 404,
Turbidity exemption, ete.) shall be obtained prior to l'inal Site Plan/Subdivision appnwaL
c) Prior to any development of the subject annexation, a stormwater drainage and grading
plan shall be provided to and approved by the City Engineer. The plan must demonstrate
that adequate treatment of runoff from the public streets and all future lots will be achieved
by providing spot elevations, flow direction arrows, detention and/ or retention basin details
(including basin sizing calculations and basin typical sections), outlet structure details, and
culvert capacity calculations. The plan must also locate and provide casements for adequate
drainage ways within the annexation area to transport treated runoff to the stormwater
receiving channeL
d) Plans and specifIcations for any water, sewer and/or storm sewer main extensions, and
Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional
Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer
plans shall also be approved by the Montana Department of Environmental Quality. 'fhe
ITRACT 17 AND 19 HOMESITE ANNEXATON. #A-050m 4 I
applicant shall also provide Professional Engineering services for construction inspection,
post-construction certitleation, and preparation of rnylar record drawings. Specific
comments regarding the existing and proposed infrastmcture shall be provided at that time.
Constmction shall not be initiated on the public infrastmchlre improvements until the
a. plans and specifications have been approved and a pre-construction conference has been
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to og e) The applicant shall obtain an access permit from the 'Montana Department of
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N0i8 Transportation for access onto North 191h A venue and shall comply with all requirements
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-r- 9. Impact Fees
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iiiiiiiiiiiiiii The Landowner(s) hereby acknowledge that annexation and development of their property wi]]
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i: itnpact the City's existing street, water, and sewer infrastructure, and fire service capacities. ] ,andowner(s)
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_c the time of] ,andowners' execution of this Agreement. At the time of connection to the City's water and
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_<II structures within the Tracts. At the time of any further development on the properties, the landowners
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q; Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section
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3.24.0501\, 3.24.060A, 3.24.070;\, or 3.24.0801\, respectively.
Landowner(s) further understand and agree that any irnprovem.ents, either on- or off-site,
necessary to provide connection of Annexation Tract to municipal services which
are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24,
Bozeman Municipal Code, or as amended, and as such, are not eligible for itnpact fee credits.
1 f Landowners shall default on tlus condition at the time such is to be performed, and should
default not be remedied or corrected witlun thirty (10) days after written notice by City to Landowner(s)
of such default, City may at their option:
J\. Declare the amounts owing for itnpact fees immediately due and payable and City shall have
the right and privilege to take legal action against Landowner(s) for the collection of such sums,
including the entry of any judgment. In addition, the City may, at its option, enforce payment of
such amounts by levying an assessment on the premises.
B. Elect any otl1er remedy available to City under the 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.
I ,andowner(s) hereby acknowledge and agree that it shall be no defense to the enforcement of this
provision by City 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, therdore, notwithstanding any
ITRACT 17 AND 19 HOMESITE ANNEXATON. #A-050Q3 5 I
judgment either limiting impact fee payments under annexation agreements to specified amounts, or
a. prohibiting any such payment, landowner will pay such fees as specified above, in the amounts calculated
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('I') ~ N for all such fees based upon the rates established at the date of this agreement.
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0 10. Stonnwater Master Plan
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iiiiiiiiiiiiiii 0 HOMESrr'E ANNEXATION, a stormwater drainage and grading plan shan be provided to and
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iiiiiiiiiiiiiii 01 approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the
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- public streets and an fuhlre lots will be achieved by providing spot elevations, flow direction arrows,
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-~ detention and/or retention basin details (including basin sizing calculations and basin typical sections),
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~o outlet structure details, and culvert capacity calculations. The plan must also locate and provide casements
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=<:: T raffie Analysis Report
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-., If req wred by the Engineering Department, the landowner shall provide a detailed Traffic .Analysis
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_<I) Report(s) at the time of future development of any portion of the annexed property.
12. Waiver of Ri2"ht-to-Protest Special Improvement Districts
Landowners have executed a Waiver of Right-to"Protest Creation of Special Improvem.ent
Districts for street improvements, including but not limited to: a Waiver of Right-to-Protest Creation of
Special Parks Maintenance Districts. Said Waiver is attached hereto as Exhibits A.
13. Utility Easements
Landowners understand and agree that utility casements, a minmmm of 30 feet in width, will be
neCeSSal)' for the installation and maintenance of water and sewer utility services to the annexed parcel.
The Landowner shall create such casements in locations agreeable to the City during the appropriate
development procedure, but in no event later than the filing of any final plat or site plan or issuance of a
building permit on any of the parcels.
14. Wetlands
Landowner understands and agrees that, prior to annexation, boundary determinations shall be
prepared for all wetlands on the property to be annexed in accordance with Section 18,56.050 "Wetlands
Mapping."
15. Additional T enns of Waivers
The parties recob>11ize that these documents shan be filed and of record with the Ci-allatin County
Clerk and Recorder prior to the sale of any land within the TRACT 17 AND 1<) HOMESITE
ANNEXATION. The parties further agree that the City may file these documents at any time.
ITRACT 17 AND 19 HOMESITE ANNEXATON, #A-050m 6 I
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16. Governing Law and Venue
to a. This Agreement shall be constrtled under and governed by the laws of the state of Montana. In
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("I')~ N the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
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to 00 Gallatin County, State of Montana.
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N;,;8 17. Attorney's Fees
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iiiiiiiiiiiiiii 0 In the event it becomes necessary for either party to this Agreement to retain an attorney to
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- m enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
iiiiiiiiiiiiiii reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City
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iiiiiiiiiiiiiii 0 18. Waiver
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-"~ No waiver by either party of any breach of any term, covenant, or agreement shall be deemed a
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=.. waive1' of the same or any subsequent breach of this Saine or any other term, covenant or agreement. No
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_0 covenant, term or agreement shall be deemed waived by either party unless waived in writing.
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iiiiiiiiiiiiiii >- 19. Invalid Provision
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!!!!!!!!!!!!!! .r: The invalidity or unenforceability of any provision of this Agreement shall not affect the other
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provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable
provision were omitted.
20. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
21. No Assignment
It is expressly agreed that the] .andowner shall not assign this Agreement in whole or in part
without prior written consent of the City.
22. Successors
TlusAgreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs, successors and assif:,'11S
23. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall be covenants running with the land and
shaJJ not expire at their deaths or upon transfer of ownership of the property.
The undersigned Landowners affirm that they have authority to enter into tlus Agreement on
behalf of their partnerslup, and to bind the partnerslup to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
ITRACT 17 AND 19 HOMESITE ANNEXA TON. #A-05003 7 I
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~OI ~al Answorth L_-~-"'~'
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--- Member of L.A.S.T., J J,C
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='" On this day of , 2006, before me, the undersigned, a
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='" Notary Public for the State of Montana, personally appeared Neal Answorth. known to me to be a
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-QI member of 1 ". A .S: 1 '.. LLC, the corporation that executed the within instrument, and acknow lcdged to
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-'" me that he executed the same for and on behalf of said corporation.
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-QI IN WITNESS WHERhOF, I have hereunto set my hand and affixed my Notarial Seal the day
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and year fIrst above written.
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\/_p~.hlt.j ....-;j. ~ ."..-
(Seal) I~ .ooy G, /11.. VI'~{tYrfut Name Here)
Notary Public for the State of Montana
Residing at 6 C'> 2 -G",?'!/.'"} ,."/ /)) -;r.
My Commission Expires: '-"'L;p- B~ 2<?(n
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(Use 4 digits for expiration year)
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ITRACT 17 AND 19 HOMESITE ANNEXATON. #A-050m 8 I
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CITY OF BOZEMAN
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CO~ 0 By Chris A. Kukulski, City Manager
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=.... CIerI, of the City Commission
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- S1'A'fE 01" MONTANA
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____ I- County of Gallatin )
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_0 On tlns I g:.... day of ;11 tii.1 " , . ,,z006, before me, a Notary Public for
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_0 City Commission respectively, of tlle City of Bozeman, whose names arc subscribed to the within
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-::>- instrument and acknowledged to me that they executed the same for and on behalf of said City.
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---- OJ IN WITNE~\W!l!~lklbJ;2r, I have hereunto set my hand and affixed my Notarial Seal the day
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and veal' hrst abg#l', wrltteil. '. t::";~ . '
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ITRACT 17 AND 19 HOMESITE ANNEXATON. #A-OS003 101
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'\. EXHIBIT A
WAIVER OF RIGHT TO PROTEST
lO a. CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
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tr):::: N TRACT 17 AND 19 HOMESITE ANNEXATION
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N""'" The undersigned owners of the real property situated in the County of Gallatin, State of Montana,
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g and more particularly described as follows:
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iiiiiiiii That part of the SW% of Section 1, T2S, R5E, PMM, Gallatin County,
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- Montana, described as follows: Tracts 17 and 19 of the Homesite
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_0 IN CONSIDERATION of receiving approval for annexation of the subject property from the City
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~ ofBo7:eman, along with accompanying rights and privileges and for other and valuable consideration, the
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~ ~ receipt of which is hereby acknowledged, and in recob>11.ition of the impacts on the City's park facilities
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= ~ and the need for the maintenance of municipal park areas to serve City residents, the owners have
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waived and do hereby waive for themselves, their successors and assib'11s, the right to protest the creation
of one or more special parks maintenance or 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
to be assessed in response to a duly passed resolution of intention to create one or more special parks
maintenance or im.provement districts.
In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the
City-wide park maintenance, we agree to participate in an alternate fInancing method for completion of
said improvements on a fair share, proportionate basis as determined by square footage of the property,
linear front footage of the property, taxable valuation of the property, or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the clissolution of the
Jim.ited partnership, provided however this waiver shaJJ apply to the lands herein described.
The terms, covenants and provisions of the Waivcr shaJJ extend to, and be binding upon the
successors-i.tl~interest and assigns of the parties hereto.
I S;' 1I~1
DATED this ;....- day of ,2006.
ITRACT 17 AND 19 HOMESITE ANNEXATON. #A-05003 III
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___0 Neal A nsworth
~o Member of L.A.S.T., LLC
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== S'1'ATE 01-;' MONT.L\NA )
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-<I) County of Gallatin )
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iiiiiiiiiiiiiii 0 On this '3) day of , 2006 before me, the undersigned, a
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==== I: Notary Public for the State of Montana, personally appeared Neal Answordl. known to me to be a
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='" n1.ember ofT _.A.S,T. LLC, the corporation that executed the within instrument, and acknowledged to
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='" me that he executed the same for and on behalf of said corporation.
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-'" IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
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-Ill day and year first above written.
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(Seal) -:'"' .sLJn V cr A' fVJt1l11~nnt Natne llere)
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Notary Public for the State of Montana
Residing at };ro2. .,6'>>7'1/\/ ,/>} T
My Commission Expires~.s,/lr. -J 0 )2 a ,1)
ell Sf 4 digits for expiration year)
ITRACT 17 AND 19 HOMESITE ANNEXA TON. #A-050m 121