HomeMy WebLinkAbout19- Annexation Agreement - R. Ballard - 1803 Bridger Drive Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
1803 BRIDGER DRIVE
ANNEXATION AGREEMENT
ill q
THIS AGREEMENT made and entered into this 1':�f day of ,a,�Y�e� , 201X
by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political
subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-
0640, hereinafter referred to as "City", and Robert Ballard, 1803 Bridger Drive, Bozeman MT 59715,
hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the 1803 BRIDGER DRIVE ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised described as follows:
MOUNT BALDY SUB, S32, TO S,R06 E,Lot 5 - 6, PLAT F-10
All as depicted on the 1803 Bridger Drive Annexation Map.
1803 Bridger Drive Annexation Agreement 1
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the 1803 BRIDGER DRIVE 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 Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the 1803 BRIDGER DRIVE
ANNEXATION pursuant to Section 7-2-4601, et seq.,Mont. Code Ann. will allow the 1803 BRIDGER
DRIVE ANNEXATION to connect to and utilize City services, including municipal water and sewer
service, fire service, and the City's street system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner
can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the 1803 BRIDGER DRIVE
ANNEXATION will impact area streets and fire services, and that future improvements may require
additional public street improvements for traffic circulation and the provisions of fire services; and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service, and provide traffic circulation and fire service for
development of the 1803 BRIDGER DRIVE ANNEXATION; and
WHEREAS,the parties have determined that it is in the best interests of the City and Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1803 Bridger Drive Annexation Agreement 2
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the 1803 BRIDGER DRIVE
ANNEXATION with the City on March 29, 2018. By execution of this Agreement, the City manifests
its intent to annex the 1803 BRIDGER DRIVE ANNEXATION tract pursuant to the terms and
conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2,Part 46, Mont. Code Ann.
the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1803
BRIDGER DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landowner
shall do all things required by this Agreement and all things necessary and proper to aid and assist the
City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation
of the 1803 BRIDGER DRIVE ANNEXATION.
3. Services Provided
The City will,upon annexation,make available to the 1803 BRIDGER DRIVE ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of municipal water service
but does not include the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the 1803 BRIDGER DRIVE ANNEXATION. Nothing in this
Agreement 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 1803 BRIDGER DRIVE ANNEXATION to include,
1803 Bridger Drive Annexation Agreement 3
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 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the 1803 BRIDGER DRIVE 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 1803 BRIDGER DRIVE
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
6. Water and Sewer Connections
Landowner understands and agrees that within 60 days of City Commission approval of the
Annexation Agreement, the existing residence on the property must be connected to City water and
sewer utilities. Water and sewer services must be constructed in accordance with design and
specifications approved by the City prior to the installation of the water and sewer lines. Landowner
must contact the City Water and Sewer Superintendent to obtain details of construction requirements.
Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior to
construction of the services and disconnection of the well and septic system abandonment..
Landowner further understands and agrees that prior to connection to the City water and sewer system,
the existing on-site sewage treatment system must be properly abandoned and certification provided to
the City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the
1803 Bridger Drive Annexation Agreement 4
abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic
tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has
been completely disconnected from the old septic system prior to connection to the City sanitary sewer
system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no physical
connection to domestic water piping. Certification that there is no physical connection between an on-
site well and the domestic water piping must be provided. The City Water and Sewer Superintendent
may perform an inspection of the property and certify that the disconnection of the well and septic system
abandonment are properly completed. Landowner understands and agrees that if Landowner fails to
properly abandon the existing system and/or fails to disconnect the existing well from the domestic water
piping as required herein the City may upon ten day's written notice to the Landowner terminate water
and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be
borne by Landowner.
7. Water Rights
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property in accordance
with Section 38.23.180, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereof
due at the time of further development or subdivision of the property will be calculated based on the
annual demand for volume of water the development will require multiplied by the most current annual
unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be
made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights
may increase over time as established by Resolution of the City Commission. Payment of$660 for cash-
in-lieu of water rights for the existing home on the property is due at the time of annexation.
1803 Bridger Drive Annexation Agreement 5
8. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require the Landowner to have prepared
by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing
capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each
utility for both existing and post-development demands, and the report findings must demonstrate
adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not
available for the proposed development, the report must identify necessary water or wastewater system
improvements necessary for the proposed development. If improvements to this water or wastewater
system are necessary, the Landowner agrees prior to development of the 1803 BRIDGER DRIVE
ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the
proposed development.
9. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees that there is no right, either granted or implied, for the Landowner to further
develop any of the 1803 BRIDGER DRIVE ANNEXATION until it is verified by the City that the
necessary municipal services, including but not limited to police and fire protection, streets, and sewer
and water capacity, are available to all or a portion of the 1803 BRIDGER DRIVE ANNEXATION.
Notice is thus provided to the Landowner that prior to additional development of the property, the
Landowner will be solely responsible for installing, at Landowner's sole expense, any facilities or
infrastructure required to provide full municipal services to the 1803 BRIDGER DRIVE
ANNEXATION in accordance with the City's infrastructure plans,adopted Growth Policies/Community
1803 Bridger Drive Annexation Agreement 6
Plans, and all other city regulations, policies and guidelines that may be in effect at the time of
development.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the 1803 BRIDGER DRIVE
ANNEXATION for a system designed to remove solids,oils,grease,and other pollutants from the runoff
from the public streets may be required to be provided to and approved by the City Engineer at the time
of any future development. 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 easements for
adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving
channel. 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.
11. Waiver of Right-to-Protest Special Improvement Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park
Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and
equitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit"A"
and is hereby incorporated in and made a part of this Agreement.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage
facilities for BRIDGER DRIVE. Landowner agrees such an SID will provide a mechanism for the fair
1803 Bridger Drive Annexation Agreement 7
and equitable assessment of construction and maintenance costs for such improvements. The waiver is
attached hereto as Exhibit`B" and is hereby incorporated in and made a part of this Agreement.
C. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for intersection improvements to the intersection of STORY MILL ROAD AND BRIDGER
DRIVE. Landowner agrees such an SID will provide a mechanism for the fair and equitable assessment
of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit
"B" and is hereby incorporated in and made a part of this Agreement.
D. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall participate in an
alternative financing method for the completion of said improvements on a fair share,proportionate basis
as determined by square footage of property, taxable valuation of the property, traffic contribution from
the development or a combination thereof.
12. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement shall be provided
for a 15-FEET OF ADDITIONAL RIGHT-OF-WAY ALONG BRIDGER DRIVE WHICH WILL
CONTAIN A 10-FOOT UTILITLY EASEMENT,AND 30-FEET OF RIGHT-OF-WAY ALONG THE
REAR PROPERTY LINE FOR A FUTURE ROADWAY. The Landowner, at its sole expense, has
created such an easements in a location and form agreeable to the City and the easements will be filed at
the Gallatin County Clerk and Recorder's Office.
13. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of
BRIDGER DRIVE fronting this property will be required to be improved to a City standard.
14. Impact Fees
1803 Bridger Drive Annexation Agreement 8
Landowner acknowledges that annexation and development of their property will impact the
City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the
City, the land owners and their successors shall pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
time of issuance of building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of building permit.
C) Water impact fees as required by Chpt. 2,Art. 6. Div. 9 BMC, or as amended,at the time
of connection to city water.
D) Sewer impact fees as required by Chpt. 2,Art. 6. Div. 9 BMC, or as amended, at the time
of connection to city sewer.
The amount of impact fee to be paid for connection to the city's water and sewer services, if any,
shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the
time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any,
shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the
time an application for building permit is submitted.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the 1803 BRIDGER DRIVE ANNEXATION municipal services and
which are wholly attributable to the property as determined exclusively by the city are considered
"project related improvements"as defined in Chapter 2,Article 6,Division 9,Bozeman Municipal Code,
as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults 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 the Landowner and
Landowner/Developer 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 privilege to take legal action against Landowners for the
collection of such sum, including the entry of any judgment. In addition,the City
may, at its option, enforce payment of such amount by levying an assessment on
the premises.
1803 Bridger Drive Annexation Agreement 9
B) Elect any other remedy available to City under the laws of the State of Montana.
15. Additional Terms
The parties recognize these documents shall be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the 1803 BRIDGER DRIVE ANNEXATION. The
parties further agree that the City may file these documents at any time.
16. 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, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,
State of Montana.
17. 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 costs of in-house counsel including City
Attorney.
18. 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.
19. 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.
20. Modifications or Alterations
1803 Bridger Drive Annexation Agreement 10
No modifications 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 Landowner and/or Landowner/Developer shall not assign this
Agreement in whole or in part without prior written consent of the City.
22. 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 and specifically to any subsequent purchaser of
the annexed property.
23. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the 1803 BRIDGER DRIVE
ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon
transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
1803 Bridger Drive Annexation Agreement 11
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
ROBERT BALLA
By:
STATE OFN) )
:ss
COUNTY OF ' )
On this day of � , 2018, before me, the undersigned, a N tary
Public for the State of 'm o,- , personally appeared 2:aVC (
known to me to be the landowner that executed the within instrument, and acknowledged to me that he
executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
wo! +%► 11C for (Printed Name Here)
s STATE OF T otary MONTA
Residing at Bozeman,M MT N Public for the State of Mun mylk
`
My CommIssion 21,2020 Expires
September 21 Residing at'? --XYYLO
My Commission Expires: )Dp-K'
(Use 4 digits for expiration year)
1803 Bridger Drive Annexation Agreement 12
CITY OF BOZEMAN
By: Andrea Surrat ity M nager
$OZE
ATTEST:
jar
LI-h6 Clerk o4114he C It
0 LL9 TIN C
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of , 2018, before me, a Notary Public for the
state of Montana, personally appeared Andrea Surratt and Robin Crough, known to me to the persons
described in and who executed the foregoing instrument as City Manager and Clerk
C�respectively, of the City of Bozeman, whose names are subscribed to the within
instrument and acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
D BRENDA SWEENEY
`��� A Sw�Fq.'' Notary Public
46:'*40TAR14 .A for the State of Montana (Printed Name Here)
—'— * Residing at: Notar` Public for the State of Montana
oy.SEAL ' Bozeman, Montana y
9'�oF ? - My Commission Expires: Residing at
°j ..,.. December 02,2022 My Commission E Vpires:
(Use 4 digits for expi a 'on year)
1803 Bridger Drive Annexation Agreement 13
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS, TRAILS OR OPEN SPACE
1803 BRIDGER DRIVE ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
MOUNT BALDY SUB, 532, TO S, R06 E, Lot 5 - 6, PLAT F-10.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City 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, trails, and open space which will be caused by the development of the above-described property,
the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right
to protest the creation of one or more special districts to fund capital improvements, operations, and
maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special
district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces
throughout the City, which would provide a mechanism for the fair and equitable assessment of costs
for City parks, trails, and open spaces, 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 districts for the above described purposes and which would include the above-described property.
This waiver is made for the benefit of the property described above and shall be a covenant
running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
1803 Bridger Drive Annexation Agreement 14
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this v� day of f _ , 2018.
LANDO
ROBE BALLARD
By:
STATE OF -QA) )
:ss
COUNTY OF )
On this day of , 2018, before me, the undersigned, a otary Public
for the State of M(Y-)kO Yj , personally appeared oy-�Q�-i i
known to me to be the landowner that executed the within instrument, and acknowledged to me that he
executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
F
0 Yr!".44 T tLY PU 'tC (Printed Name ere)
s - STATE OF MON T Notary Public for the State of
at ,MT
Corn at,202o Residing at
My Commission Expires:
(Use 4 digits for expiration year)
1803 Bridger Drive Annexation Agreement 15
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
1803 BRIDGER DRIVE ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
MOUNT BALDY SUB, S32, TO S, R06 E, Lot 5 - 6, PLAT F-10
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City 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 impacts to
BRIDGER DRIVE AND THE BRIDGER DRIVE AND STORY MILL ROAD INTERSECTION
which will be caused by the development of the above-described property, the owner has waived and
does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or
more special improvement districts for the construction and maintenance of following improvements:
paving, curb/gutter, sidewalk, storm drainage facilities for BRIDGER DRIVE AND THE
BRIDGER DRIVE AND STORY MILL ROAD INTERSECTION, 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.
In the event a SID is not utilized for the completion of these improvements, the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by the City on the basis of the square footage of property, taxable
valuation of the property, traffic contribution from the development or a combination thereof.
1803 Bridger Drive Annexation Agreement 16
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this � day of a , 2018.
LANDOWNER
ROBERT BALLARD
By:
STATE OFMC) (j\ )
:ss
COUNTY OF � O)
On this day of �� , 2018, before me, the undersigned, a Notary Public
for the State of , personally appeared amx(-c C Coil C� , known
to me to be the landowner that executed the within instrument, and acknowledged to me that he
executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
v rUNLY F
(Printed Name ere)
' STATE PUBLIC TN A Notary Public-for the State of
the
8EAL' Residing at Bozeman,MT
r� OF
My Commission Expires Residing at 4'(Y1C
September 21,2020 My Commission Expires: '\,'a(:aC
(Use 4 digits for expiration year)
1803 Bridger Drive Annexation Agreement 17