HomeMy WebLinkAbout95- Agreement for Extension of Sewer Service and Annexation of Kountz Mobile Home Park
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. filM 155 fACE 4105
AGREEMENT FOR EXTENSION OF SEWER SERVICE AND
ANNEXATION OF KOUNTZ MOBILE HOME PARK
THIS AGREEMENT, made this 7th day of August ,
1995, by and between DONALD V. ALDERSON and BETHENE R. ALDERSON and
MOUNTAIN MOBILE ESTATES, aka, KOUNTZ MOBILE HOME PARK, hereinafter
referred to as II OWNERS II and THE CITY OF BOZEMAN, a municipal
corporation, hereinafter referred to as IICITYII.
WHEREAS, the Owners, on August 2, 1993, submitted an
application for annexation to the City of Bozeman because the
Owners needed to connect to City sanitary sewer due to the failure
of the on-site septic system; and
WHEREAS, the City held a public hearing on the annexation
request on April 4, 1994 and the City Commission moved to authorize
and direct Staff to bring back a Resolution of Annexation upon the
applicant's execution of an Annexation Agreement and satisfaction
of eight (8 ) conditions; and
WHEREAS, the Owners have not signed an Annexation Agreement,
nor have they satisfied the aforementioned conditions; and
WHEREAS, the Owners have requested to connect to the City's
sanitary sewer system without immediate annexation due to raw
sewage effluent being discharged to the ground surface; and
WHEREAS, for the protection of the public health, the Ci ty has
agreed to allow the Owners to connect to the City's sanitary sewer
system without first annexing upon the conditions and covenants as
hereinafter set forth,
WHEREAS, this property will be annexed pursuant to ~7-2-
4305 (a) , M.C.A. and Resolution No. 2960,
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS hereinafter
contained on the part of the Owners to be observed and performed,
the parties hereby agree as follows:
1. The City agrees to provide sanitary sewer service to the
27.5 acre Mountain Mobile Estates, aka, Kountz Mobile Home Park
which is located in the NW~, Section 15, Township 2 South, Range 5
East, M.P.M.
2. Prior to connecting to the City's sanitary sewer system,
the Owners shall execute waivers of the right to protest the
following:
a. The creation of a Special Improvement District
for the signalization of the intersection of
U.S. 191 and Ferguson Avenue;
b. The creation of a Special Improvement District
for the construction of City water system
Page 1 Sewer Ext. Agrmt.
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improvements, including future looping for the
services provided by the City (Domestic and
Fire protection); and
c. The annexation of the property served by the
sanitary sewer extension.
3. The Owners agree that all plans and specifications for
any proposed public sanitary sewer extension, and water extensions
required, must be approved by the City Engineer and where required,
by the Montana Department of Environmental Quality prior to
construction. The Owners shall also provide, at their expense,
professional engineering services for construction, inspection,
post-construction certification, and preparation of Mylar record
drawings.
4. The Owners agree that the on-site sewer services shall
remain private, and that the septic tanks shall be removed or
pumped and filled with clean washed gravel.
5. Upon annexation, the Owners shall complete, subject to
approval by the City Fire Marshal, the following:
a. Individual mobile home identification shall be
upgraded (larger and reflective space
numbers) ;
b. A location map that is readily visible shall
be posted and protected from weather at each
entrance to the mobile home park; and
c. Roads, to include layout, shall meet City
requirements necessary for maintenance and
emergencies.
6. Prior to annexation, the Owners shall provide water
rights, or a cash-in-lieu fee, in an amount to be determined by the
Public Service Director.
7. Upon annexation, the Owners will apply for an appropriate
urban zone map classification subject to approval by the City
Commission in accordance with applicable law.
8. Upon annexation, the 0wners shall provide a Mylar record
annexation map which meets the requirements of the Public Service
Director.
9. Prior to hookup to the City's sanitary sewer system, the
Owners will provide a road and utility easement fifty feet (50')
wide along the east property line for the entire length of the
property from the north to south boundaries for the extension of
Ferguson Avenue when necessary, or other easement acceptable to the
City. The easement document may allow for the use of the property
by the Owners as a mobile home park until such time as the easement
is put to its intended use by the City.
Page 2 Sewer Ext. Agrmt.
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Such easement shall provide that the easement may be used
by the property Owners for the purpose of a mobile home park for
ten (10) years from the date of this Agreement. The Owners of the
property and the appropriate representative for the City of Bozeman
shall meet to discuss the status of the necessity of the easement
on or before nine (9) years from the date of this Agreement. If it
is determined that the City of Bozeman shall need the use of the
easement at the ten year anniversary date, the City shall be
entitled to the use of twenty-eight feet (28') of the easement on
the ten year anniversary date, and the property owner shall have
the right to continue to use the remaining twenty-two feet (22') of
the easement for five (5) additional years, until the fifteenth
anniversary date of this Agreement. If this land is used for other
than a mobile home park, the Owners agree that their continued use
of the easement will cease and they will not interfere with the
City's fifty foot (50') easement. In the event that Owners are
required to move mobile homes from the easement for its intended
use described above, the City will provide Owners with a ninety
(90) day notice.
In addition, it is acknowledged by both parties that when
the City gives notice of intent to use the easement the mobile
homes currently existing on and along the easement will have to be
moved forward, situated at an angle, or replaced with a different
size mobile home in order to accommodate the easement while still
maintaining the number of mobile home spaces. A drawing showing
the contemplated location of the homes is attached to this
Agreement.
10. Prior to initiation of sewer service, the Owners shall
either construct a steel casing sleeve, properly sized, for future
waterline extension under u.s. Highway No. 191 or they shall extend
the existing 10" waterline under the terms of condition number 3
above.
11. The Owners have six (6) years from annexation to hook up
to City water so long as there is an approved alternative water
supply for fire protection approved by the Bozeman Fire Department
and so long as the drinking water supply complies with Montana and
Federal drinking water standards for community water supply
systems. Otherwise, the Owners must connect to City water
immediately.
12. Prior to initiation of sewer service, all domestic wells
supplying the trailer court shall have City standard water meters
installed by the City of Bozeman at the Owners' expense.
13. As part of the initial connection to the City's sewer,
the Owners will correct the 300 foot long bottleneck in West
Babcock Street, just west of Yellowstone Avenue in accordance with
the terms of condition number 3 above. In addition, the Owners
will provide a financial guarantee at 150% of the estimated cost of
said improvement if sewer service is initiated prior to correcting
the bottleneck.
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14. Owners agree that as long as the 27.5 acre Mountain
Mobile Estates is not annexed and not connected to City water, this
land, not currently used as commercial, shall continue to be used
solely as a mobile home park. However, if this land is used for
other than a mobile home park, the Owners agree that all the land
may be immediately annexed and that they will satisfy any remaining
conditions or covenants of this Agreement, and the Owners must
connect to City water immediately.
15. In the event that it becomes necessary for any party to
this Agreement to retain an attorney to enforce any terms or
conditions of this Agreement, then the prevailing party or parties
shall be entitled to costs and reasonable attorney's fees,
including fees or salary of the City At~orney.
16. This Agreement will be construed under and governed by
the laws of the state of Montana. In the event of litigation,
venue is in the Eighteenth Judicial District, in and for the County
of Gallatin, State of Montana.
17. The Parties hereby agree that any amendments or
modifications to this Agreement, or any provisions herein, shall be
made in writing and executed in the same manner as the original
document and shall, after execution, become part of this Agreement.
18. This Agreement shall be binding upon the heirs,
successors, personal representatives and assigns of the Parties
hereto and a copy shall be recorded with the Gallatin County Clerk
and Recorder's Office at the Owners' expense.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and affixed their Seals the day and year first above written.
OWNERS:
Mountain Mobile Home Estates, aka,
Kountz Mobile Home Park
~~~~tt..H~_.d~
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DOrR>. . A~erson
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e nene R. A de son
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fiLM 15SPACf4109
TY:
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ry.........\.~'- . /"--'
es E. Wysocki
y Manager
ATTEST:
(24ic:fu~~~
Clerk of the Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
('
On this .~ day Of&\.."-~\._c.::,-t- , 1995, before me, the
undersigned, a Notary Public f.. the State of Montana, personally
appeared DONALD V. ALDERSON and BETHENE R. ALDERSON, known to me to
be th~.p~rsons whose names are subscribed to the within instrument
"",,\.~~..~~wledged to me that they executed the same.
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/'~..."'" '. ~ITNESS WHEREOF, I have h~reunto set mX' hand and affixed my
/~/ N9t;,'1-~l'~ ,~eal the day and year fl,rSt above wrltten.
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"'.~:~":'~i"'t~~..' Notary Pu~l' c: ~or th~_ State of _
.,...!:~~,;... Montana ~ r. ldlng, at l:s't;tY..y~\.I,,\,i 'rg ~
~ My CommlsSlon Explres . bJqc\ , ~-'
STATE OF MONTANA )
) ss.
County of Gallatin )
On this~ day of ~~U.h~ . 1995, before me, the
undersigned, a Notar~Qu~llC~fO the State of Montana, personally
appeare~--~C'.I1ct: 0 (~ <3:'1: i &ii h. ..h-b'\/'o. / , known to me to be the
~\-:::?_J-\_Q.....b,,--(~ '.... .' ... of ountain Mobile Home Estates, aka, Kountz
Mobile Home Park, and the person whose name is subscribed to the
within instrument, and acknowledged to me that he/she executed the
same for and on behalf of Mountain Mobile Home Estates, aka, Kountz
Mobile Home Park.
Page 5 Sewer Ext. Agr.mt.
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IN ~ITrESS WHEREOF, I have hereunto set my hand and affixed my
Notarial"Seal the day and year fir t above written.
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".....f;'~~.:.... :<1;: Notary publ0-. . or ~~... State of i'.,.,
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STATE OF MONTANA )
) ss.
County of Gallatin )
On this 7rJ-l day of ~(' ~....-c , 1995, before me,
the undersigned, a Notary Pu lic for the State of Montana,
personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known
to me to be the City Manager and Clerk of Commission, respectively,
of the City of Bozeman, and the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed
the same for an on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
( SEAL)
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31047f; FNDEXEO~
State of Mont., County of Gallatin. ss Flied for reeord AUGUST 22 , 19..22-
at 3:21 P Mo, and recorded in Book 155 ~MISCELLANEOUS. pags. 4105
~hl!nllf M r.hIDBY Reeorder. a,... '/? )Y!} OC;;:h7Y/-5 Deputy
FEE: $36.00 (
RT: CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771
Page 6 Sewer Ext. Agrmt.
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~ iL ~ 186 P~H458S
ROAD AND UTILITY EASEMENT
COMES NOW, KOUNTZ TRAILER KOURT, LLP, of 8628 Huffine Lane,
Bozeman, Montana 59715, herein referred to as "Grantor," and the
CITY OF BOZEMAN, a municipal corporation of the State of Montana,
with offices at 411 East Main, Bozeman, Montana 59715, herein
referred to as "Grantee," and agree to the following terms and
conditions pertaining to an easement for a road and utilities as
follows:
1. Grantor is the owner of the real property located in
Gallatin County, Montana, and described on Exhibit "A" attached
hereto and incorporated herein.
2. Grantor agrees to grant a road and utility easement 50
feet wide, over, across, and under the east boundary of Grantor's
property line, for the entire length of the property from the north
to south boundaries, for the purpose of the extension of Ferguson
Avenue and any corresponding utilities by the City of Bozeman.
3. The easement area which is the subject of this Easement,
may be used by the property owners for the purpose of a mobile home
park until August 7, 2005. The owners of the property and the
appropriate representative for the City of Bozeman shall meet to
discuss the status of the necessity of the easement on or before
August 7, 2004.
4. If it is determined that the City of Bozeman shall need
the use of the easement by August 7, 2005, the City shall be
entitled to the use of twenty-eight (28) feet of the easement as of
that date, and the property owner shall have the right to continue
to use the remaining twenty-two (22) feet of the easement until
August 3, 2010.
5. In the event that Grantor is required to move mobile
homes from the easement for its intended use, the City will provide
Owners with a ninety day notice of its intent to use the Easement.
It is agreed that when the City gives such notice of intent to use
the easement, the mobile homes existing on and along the Easement
will have to be moved forward, situated at an angle, or replaced
with a different size mobile home in order to accommodate the
easement while still maintaining the number of mobile home spaces.
It is acknowledged that otherwise applicable zoning set back
requirements may need to be waived by the City of Bozeman in order
to accommodate the rearrangement of the existing mobile homes along
the Easement boundary. It is the intent of this paragraph the City
will cooperate with Grantee in the rearrangement to preserve the
existing number of mobile home spaces.
6. If Grantor's property is used for other than a mobile
home park, Grantor agrees that the continued use of the easement
shall cease, and Grantor will clear and will no longer interfere
with the fifty foot easement.
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n~~ 186 PAGE A589
7. This grant of easement shall be perpetual, shall run with
the land, and shall bind the heirs, successors, and assigns of the
parties hereto.
Dated this l\ day of July, 1996.
Grantors:
A~~~ ~V
GARY OAKL ,Par ne
~~
HOWARD ULL ,Partner
STATE OF MONTANA )
: ss.
County of Gallatin )
On this ~ day of July, 1996, before me, a Notary Public in
and for said State, personally appeared GARY OAKLAND, known to me
to be the person whose name is subscribed to the within instrum~rt
and acknowledged to me that he executed the same as a Pq,:r:t:n,eI":.~.fib\;;-"
Kountz Trailer Kourt, LLP. . .' 't.;]"JO-~'~~~~~VI;""
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ot~r'( Public for the St'a; e~f)~a,na.,;~,.:t;::\\:;'
Resldlng at Bozeman, Mo ta ,\"j,-'Ij .. ~':":i
My commission expires: z. . " ,
STATE OF MONTANA )
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County of Gallatin )
+~ ~\'YlbQr before me, a Notary Public in
On this jw- day of , 1996,
and for said State, personally appeared DAVID ROUSHER, known to me
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same as a Partner for
Kountz,Trailer Kourt, LLP.
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'1$ . .4.". . Residing at Bozeman, Mont n
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STATE OF MONTANA )
. ss.
County of ~e\\CM),)1huu fILH l86 PAGE 4590
On this ~ day of July, 1996, before me, a Notary Public in
and for said State, personally appeared HOWARD ULLMAN, known to me
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same as a Partner for
Kountz Trailer Kourt, LLP.
~7(a S. WchcN
Notary Publ~c for the State of Montana.
Residing ath: 1\ '~
My commission expir : ':>L(Jt j(r) 1)99 <..,p
Manager
ATTEST:
(i~.~
Clerk of the Commission
STATE OF MONTANA )
: ss.
County of Gallatin ) ~
//97
On this //d day 0 Utt1::]r, ~, bef~~-'<..t Notary Public in
and for said State, personally appe~fi??~ :a; / liJ'(:1nrTq and ROBIN
L. SULLIVAN, known to me to be the;i City Manager and Clerk of the
Commission, respectively, of the City of Bozeman, and the persons
whose names are subscribed to the within instrument and
acknowle?ged to me that they exe uted the same, for an~ or~o~a~fl~;
of the Cl ty of Bozeman. ;" "C" " "', ..~, '"
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/' Residin$' a~ Bozem~n, Montan~~',....,. C'J l~ .
My commlSSlon explres: 6 "Iv. ~91'~' ... ..,-,~-\~.1
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EXHIBIT "A" f~U' 186~~[459l
Beginning at a point which is 48.5' south of the NE corner of the
NW~ of Section 15, thence S 0 degrees 20' 38" W a distance of
1220.10', thence S 89 degrees 23'5411 W a distance of 222.58',
thence S 54 degrees 36'06" W a distance of 122.60', thence S 46
degrees 18'0411 Wa distance of 162.56', thence S 65 degrees 43' 19"
W a distance of 417.86', thence N 3 degrees 34'57" W a distance of
1299.02', thence N 3 degrees 06'19" E a distance of 205.84', thence
S 87 degrees 34' 43" E a distance of 88.50', thence N 1 degree
44'52" E 85.86', thence S 89 degrees 32'04" E a distance of 807.29'
to the point of beginning.
{iNdeXED of\
369056
State of Mont., County of Gallatin" 55 Flied for rftcord _~ JULY 10 , 19..9.8-
at 3: 00 PM., and retxmied it! Book _.~ of . MISC~~_LANEOUS .Jave 4588
.$~. CV..- Rec8l'der. By 7-'F. ~- - Deputy
FEE: $24.00 CRG
RT: CITY OF BOZEMAN