HomeMy WebLinkAbout20- Annexation Agreement - 3120 Wagon Wheel LLC - Bozeman Cohousing PLATTED l
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230 2687817
4 Page: 1 of 17 07/02/2020 01:57:00 PM Fee:
$1 19 00
Eric Semerad - Gallatin County, MT
MISC
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BOZEMAN COHOUSING
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 15�'` day of J v,� , 2020,
by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue,
Bozeman,Montana 59771-0640,hereinafter referred to as "City",and 3120 Wagon Wheel LLC, c/o 117
Heritage 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 BOZEMAN COHOUSING ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised of two tracts described as follows:
Parcel I
Tract B of Certificate of Survey No. 526, a tract of land located in the SW1/4 of Section 19,
Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official
plat thereof on file and of record in the office of the county Clerk and Recorder of Gallatin
County, Montana.
Parcel II
Bozeman Cohousing Annexation Agreement 1
All that part of the Southwest Quarter of Section 19, Township 2 South, Range 6 East P.M.M.,
Gallatin County,Montana, more particularly described as follows,to-wit: Beginning at the
Northwest corner of the Southwest Quarter of said Section 19: thence East 30 feet: thence
South 316.25 feet to the place of beginning; thence East parallel with the North line of the said
Southwest Quarter of said Section 19, 729 feet: thence South 258.75 feet: thence West parallel
with the North line of said Southwest Quarter of Section 19, 729 feet: thence North 258.75 feet
to the place of beginning, as recorded in Film 65 of Deeds,Page 1961.
All as depicted on the BOZEMAN COHOUSING Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS,the BOZEMAN COHOUSING 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 BOZEMAN COHOUSING
ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BOZEMAN
COHOUSING ANNEXATION to connect to and utilize City services, including municipal water and
sewer service, parks and recreation,fire and police services, and the City's transportation 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 BOZEMAN COHOUSING
ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that
future improvements may require additional public infrastructure street improvements including
transportation for traffic circulation and the provisions of parks,recreation,police,and 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 transportation, parks, recreation,
police and fire service for development of the BOZEMAN COHOUSING ANNEXATION; and
Bozeman Cohousing Annexation Agreement 2
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:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the BOZEMAN COHOUSING
ANNEXATION with the City on November 6,2019. By execution of this Agreement,the City manifests
its intent to annex the BOZEMAN COHOUSING 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 BOZEMAN
COHOUSING 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
BOZEMAN COHOUSING ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the BOZEMAN COHOUSING
ANNEXATION existing City services only to the extent currently available, or as provided in this
Agreement.
Bozeman Cohousing Annexation Agreement 3
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 BOZEMAN COHOUSING 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 BOZEMAN COHOUSING 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 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 BOZEMAN COHOUSING 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 BOZEMAN COHOUSING
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
6. Water Rights
The Landowner specifically recognizes and agrees the Landowner must provide water rights or
cash in-lieu of water rights upon further development or subdivision of the property in accordance with
Bozeman Cohousing Annexation Agreement 4
Section 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights or
cash-in-lieu thereof due at the time of further development or subdivision of the property 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. The applicant must
perform a water rights search to determine if any exist for this property. The Landowner must transfer
any water rights that exist for this property to the City of Bozeman prior to development. If insufficient
water rights exist,the Landowner must pay cash in lieu of water rights, in an amount determined by the
Director of Public Service, prior to development. The Landowner will pay $1,414.00 cash in-lieu of
water rights for the existing home on the site at the time the signed annexation agreement is returned to
the City.
7. 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 sole 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 BOZEMAN COHOUSING
ANNEXATION to complete,at Landowner's expense,the necessary system improvements to serve the
proposed development.
Bozeman Cohousing Annexation Agreement 5
8. 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 Landowner has no right, either granted or implied, for it to further develop any
of the BOZEMAN COHOUSING ANNEXATION until it is verified by the City that the necessary
municipal services, including but not limited to police and fire protection, parks and recreation,
transportation, and sewer and water capacity, are available to all or a portion of the BOZEMAN
COHOUSING 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
BOZEMAN COHOUSING ANNEXATION in accordance with the City's infrastructure plans,adopted
Growth Policies/Community Plans,and all other city regulations,policies and guidelines that may be in
effect at the time of development.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the BOZEMAN COHOUSING
ANNEXATION for a system designed to remove solids,oils,grease,and other pollutants from the runoff
from public streets and other impermeable surfaces 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 public streets, other impermeable surfaces, 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
Bozeman Cohousing Annexation Agreement 6
BOZEMAN COHOUSING ANNEXATION 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. Landowner recognizes the City may require such Stormwater Master Plan to be
implemented in all or part as a condition of approval of development of the BOZEMAN COHOUSING
ANNEXATION.
10. Waiver of Right-to-Protest Special Districts
A. Landowner must execute a Waiver of Right-to-Protest Creation of Special Districts(SID)
or special district for the maintenance of any parks within the annexed area and/or of a City-wide Park,
Trails, or Open Space District. The Landowner agrees such district will provide a mechanism for the
fair and equitable assessment of maintenance costs for parks serving the development. 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 or Special Districts for street and transportation improvements including design and
engineering, paving and subsurface improvements, curb and gutter, sidewalk and stormwater drainage
facilities, and fiber optic conduit for Wagonwheel Road and South Yd Avenue. The Landowner agrees
such SID or special districts 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.
C. 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
Bozeman Cohousing Annexation Agreement 7
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.
11. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of
Wagonwheel Road and its related transportation infrastructure fronting the BOZEMAN COHOUSING
ANNEXATION this property may be required to be improved to a City standard.
12. Impact Fees
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 Landowner and its successors must 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 a 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 a 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 services.
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 services.
The amount of impact fee the Landowner or its successors pay 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 BOZEMAN COHOUSING ANNEXATION municipal services
and which are wholly attributable to the property as determined exclusively by the city are considered
Bozeman Cohousing Annexation Agreement 8
"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 its 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 property.
B) Elect any other remedy available to City under the laws of the State of Montana.
13. Assessments
Landowner understands and agrees that after this Agreement is recorded the BOZEMAN
COHOUSING ANNEXATION will be subject to City assessments for arterial and collector streets,
street maintenance,and tree maintenance on the same basis as all other properties in the City.
Landowner understands and agrees that nothing in this agreement affects any duties or responsibilities
of Landowner to RID 326.
14. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the BOZEMAN COHOUSING ANNEXATION. The
parties further agree that the City may file these documents at any time.
15. 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.
Bozeman Cohousing Annexation Agreement 9
16. Atoorney'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.
17. 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.
18. 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.
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 and/or Landowner/Developer shall not assign this
Agreement in whole or in part without prior written consent of the City.
21. 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.
Bozeman Cohousing Annexation Agreement 10
22. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BOZEMAN COHOUSING
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.
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
3120 Wagon Wheel LLC
By: 6,65-5
Its: fZ57 '-�.� C� i
sue- c� l�ac�'cc
Cu o- h GV( :ss
On this day f `� , 2020, before me,the undersigned, a Notary
Public for the State of ersonally appeared �(- C,�vtl��,s as
for 312* agon heel LLC and acknowledged tj me that they executed the
same for and o behalf of landowner.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
year first above written. NOTgRy'
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STATE OF MONTANA )
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On this day of Z 2020, before me, a Notary Public for the
state of Montana,personally appeared 11P.�rnri� '_^ : and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as Ivterini-City Manager and City Clerk
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.
ATHER SIENVENU i I '
Notury public
'N0 R/44.q`for the State of Montana ( rinted Name Here
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Bozeman Cohousing Annexation Agreement 12
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS,TRAILS OR OPEN SPACE
BOZEMAN COHOUSING ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Parcel I
Tract B of Certificate of Survey No. 526, a tract of land located in the SW 1/4 of Section 19,
Township 2 South,Range 6 East, P.M.M., Gallatin County, Montana, according to the official
plat thereof on file and of record in the office of the county Clerk and Recorder of Gallatin
County, Montana.
Parcel II
All that part of the Southwest Quarter of Section 19,Township 2 South, Range 6 East P.M.M.,
Gallatin County, Montana,more particularly described as follows,to-wit: Beginning at the
Northwest corner of the Southwest Quarter of said Section 19: thence East 30 feet: thence
South 316.25 feet to the place of beginning; thence East parallel with the North line of the said
Southwest Quarter of said Section 19, 729 feet:thence South 258.75 feet: thence West parallel
with the North line of said Southwest Quarter of Section 19, 729 feet: thence North 258.75 feet
to the place of beginning, as recorded in Film 65 of Deeds,Page 1961.
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
Bozeman Cohousing Annexation Agreement 13
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.
DATED this ZV day of Pq Iq 10GN , 2020.
LANDOWNER
3120 Wagon Wheel LLC
BY: -7 Y % Caw c,c�
Its: 6y57Cnd-YJ A& 7
�-ai, a31211�v.
STATE OF MGI6� )
AGVV :ss
COUNTY OF GPI )
On this 2� day of L-L , 2020, before me, the undersigned, a Notary
Public for the State of ,personally appeared -7. �tJ as
for 312 agon heel LLC and acknowledg to me that they executed the
same fora don behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d, ` IIII o/ /X
year first above written. �`����..• N�FR,�%��
NOTARY'
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EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BOZEMAN COHOUSING ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Parcel I
Tract B of Certificate of Survey No. 526, a tract of land located in the SW 1/4 of Section 19,
Township 2 South,Range 6 East,P.M.M., Gallatin County, Montana, according to the official
plat thereof on file and of record in the office of the county Clerk and Recorder of Gallatin
County, Montana.
Parcel 11
All that part of the Southwest Quarter of Section 19, Township 2 South, Range 6 East P.M.M.,
Gallatin County, Montana,more particularly described as follows,to-wit: Beginning at the
Northwest corner of the Southwest Quarter of said Section 19: thence East 30 feet: thence
South 316.25 feet to the place of beginning;thence East parallel with the North line of the said
Southwest Quarter of said Section 19, 729 feet: thence South 258.75 feet:thence West parallel
with the North line of said Southwest Quarter of Section 19, 729 feet: thence North 258.75 feet
to the place of beginning, as recorded in Film 65 of Deeds,Page 1961.
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
Wagonwheel Road and South 3rd Avenue 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 design and
engineering,construction and maintenance of following improvements: lighting,paving and subgrade
material,fiber optic conduit,curb/gutter,sidewalk, and storm drainage facilities for Wagonwheel
Road and South Yd Avenue.
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
Bozeman Cohousing Annexation Agreement 15
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right 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.
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.
Bozeman Cohousing Annexation Agreement 16
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DATED this Z-1 day of ✓ «%f-f 2020.
LANDOWNER
3120 Wagon Wheel LLC
By: li-77`1 7 Gaw 3
Its: L&-6 z5 Tin E2'� VC E--'v7
STATE OF ) 0312�t6ZbY-G
MW :ss
COUNTY OF-e�� )
On this day o , 2020, b or me, the undersigned, a Notary
Public for the State of ersonally appeared C as
, for 312 agon�heel LLC and acknowledge o me that they executed the
same for and n 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)
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Bozeman Cohousing Annexation Agreement 17
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