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HomeMy WebLinkAbout08-12-21 Riverside AnnexationBEFORE THE CITY COMMISSION OFTHE CITY OF BOZEMAN, MONTANA PARTI VOLUNTARY PETITION FOR ANNEXATION TO CITY OF BOZEMAN, VOLUNTARY PETITION FOR CREATION OF A SPECIAL IMPROVEMENT DISTRICT FOR THE FINANCING OF CERTAIN PUBLIC WASTEWATER INFRASTRUCTURE, AND VOLUNTARY WAIVERS OF RIGHT TO PROTEST THE CREATION OF CERTAIN SPECIAL IMPROVEMENT DISTRICTS AND OTHER SPECIAL DISTRICTS COME NOW the undersigned (the "Petitioners") and hereby respectfully petition the City Commission of the City of Bozeman (the "City") to annex to the City the following real property pursuant to §7-2-4601 et seq., MCA, and for the creation of a special improvement district to finance the costs of certain wastewater infrastructure. LANDS WITHIN THE RIVERSIDE MANOR SUBDIVISION LANDS WITHIN THE RIVERSIDE GREENS SUBDIVISION LANDS WITHIN THE RIVERSIDE COUNTRY CLUB ALL LOCATED WITHIN SECTIONS 23, 24, 25, 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST GALLATIN COUNTY, MONTANA BEING THE PROPERTY WITIDN THE JURISDICTIONAL BOUNDARIES OF RIVERSIDE COUNTY WATER AND SEWER DISTRICT NO. 310 AND MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO COLLECTIVELY, THE "RIVERSIDE PROPERTIES" Petitioners agree, on behalf of themselves and their successors and assigns, to be annexed to the City of Bozeman and to have the City finance, assess their properties for the costs of and construct certain public wastewater infrastructure pursuant to Montana law and City annexation and provision of service policies, as follows: 1. The Bozeman City Commission (the "Commission") adopted Resolution 4972 (the "Resolution") on January 28, 2019 providing a framework for annexation of the Riverside Properties to enable the City to assist the Riverside Properties in the treatment of its wastewater effluent. The contents of the Resolution are incorporated herein. The Resolution further provides that should the residents of the Riverside Properties request annexation and the City's assistance in treating wastewater effluent, the City would take all steps possible to create a special improvement district to finance the costs of and construct public infrastructure to connect the Riverside Properties to the City's Water Reclamation Facility ("WRF"). 2. §7-13-4314, MCA, and § Sec. 40.03.1380, BMC, provide that any person, firm, or corporation receiving sewer or wastewater service outside of the incorporated city limits may be required by the City, as a condition to initiate or extend such service, to consent to annexation of the property served by the City. As such, the Petitioners hereby consent and agree to annexation to the City and waive all rights of protest to said annexation including waiver of the right to protest annexation proceedings, and the manner and nature of the City's provision of services, subject to the terms of this Petition. 3. Petitioners also hereby voluntarily petition for the City to create a special improvement district to finance the construction of public infrastructure to connect the Riverside Properties to the WRF (the "Wastewater SID") with the boundaries of the Wastewater SID to be the same as the boundaries of the Riverside Properties as shown on Exhibit A. The Petitioners recognize the nature of the improvements to be included in the Wastewater SID are not fully known at the time of this Petition; nevertheless, the Petitioners recognize the nature of the improvements will include at a minimum all necessary infrastructure to convey their wastewater to the WRF including but not limited to piping, valves, pumps, engineering costs, financing costs, administrative costs, acquisition of right of way, if necessary, and any other required infrastructure or costs. Petitioners hereby represent they acknowledge that the costs and the method of assessment of the Wastewater SID are not known at the time of this Petition but are willing nonetheless to request annexation and the City's assistance in addressing their needs for treating wastewater effluent. 4. Each Petitioner represents for themselves they are the lawful owners in fee of real property included in the Riverside Properties as listed on the attached signature sheets (Exhibit B) and that they have the authority to and do hereby bind themselves to the contents of this Petition for: (i) annexation to the City; (ii) the creation of the Wastewater SID; and (iii) voluntary waiver of the right to protest the creation of special improvement and purpose districts as stated herein. Petitioners recognize the above includes consent to annexation and consent to the creation of the Wastewater SID and other special improvement and purpose districts and they each voluntarily waive their rights to protest all matters pertaining thereto for the improvement and special purpose districts listed below including annexation, creation and assessment for costs associated with the Wastewater SID and others, determination of benefit of improvements of the Wastewater SID and others, determination of proportionality of benefit of improvements of the Wastewater SID and others, and any other issue related to annexation or the Wastewater SID or other improvement or special districts. The improvement and special purpose districts for which the above waiver applies include: (i) a special district for park and trail maintenance created pursuant to §7-11 -1001 et seq., MCA; (ii) creation of a special improvement district for construction of all local streets to the City's local street standard including all City requirements such as lighting, curb, gutter, sidewalks, etc.(though none are currently planned as per the Resolution) and (iii) given the location of the Riverside Properties, waivers of right to protest the creation of a special improvement district for future improvements to Springhill Road, the intersection of Springhill Road and Frontage Road and the intersection of Springhill Road and N. 19th Riverside Petition Page 2 of 5 Before Signature Pages ~ ,;,,,/1,,1 A venue and for the creation of a special purpose district to provide funding for affordable housing to be created pursuant to §7-11 -1001 et seq., MCA. 5. Each Petitioner represents individually and on behalf of other owners of each Petitioner's property that none of the properties owned by them individually is used in whole or in part for agricultural, mining, smelting, refining, transportation, or an industrial or manufacturing purpose or for any purpose incident to those uses. 6. Petitioners acknowledge and agree that in the event sufficient protests are received to bar establishment of the Wastewater SID or the assessment of costs against the Riverside Properties or if the City is unable for any other reason to establish the Wastewater SID and assess the costs against the Riverside Properties Petitioners will voluntarily provide their reasonable cooperation in connection with securing an alternative financing method for the same based on actual costs of engineering, financing, and constructing the wastewater connection all as determined by the City working with the Riverside Water and Sewer District No. 310 (the "District"). 7. By filing this petition for annexation and petition for creation of the Wastewater SID (the "Petition"), Petitioners agree that, upon annexation, for other than the provision of wastewater services as such are described herein, the City will make available to the Riverside Properties existing City services only to the extent currently available, excluding water, in the same manner as said services are made available to other residents of the City. With respect to the provision of water, the Petitioners acknowledge that the District will be providing potable water to the Riverside Properties and will retain the applicable water rights. 8. At the time of annexation, all owners of real property within the annexed area will be assessed an impact fee for fire/emergency services and an impact fee for wastewater treatment which Petitioners hereby recognize will be required by the City to be paid as a condition of and concurrently with annexation. Details regarding payment of such impact fees are set forth in the Part II below. 9. Subsequent to the submittal of this Petition and prior to annexation of the Riverside Properties, for any transfer of a legal interest in one of the Riverside Properties, the current owner agrees to ensure the deed or instrument of conveyance granting an ownership or other legal interest in the property contain the following consent to annexation and waiver and the same for creation of the Wastewater SID: "The Grantee hereby covenants and agrees that acceptance of this deed does constitute a voluntary waiver of the statutory right of protest against annexation to the City of Bozeman with respect to the property described herein and the voluntary waiver of the right to protest the creation of a special improvement district to finance and construct certain wastewater infrastructure and the voluntary waiver of rights to protest other special improvement and purpose districts including: (i) a special district for park and trail maintenance to be created pursuant to §7-11-1001 et seq., MCA; (ii) creation of a special improvement district for construction of all local streets to the City's local street standard including all City Riverside Petition Page 3 of 5 Before Signature Pages (/o/ 1,,l ~ requirements such as lighting, curb, gutter, sidewalks, etc.; and (iii) given the location of the Riverside Properties, waivers of right to protest the creation of a special improvement district for future improvements to Springhill Road, the intersection of Springhill Road and Frontage Road and the intersection of Springhill Road and N. 19th Avenue and for the creation of a special purpose district to provide funding for affordable housing to be created pursuant to §7-11-1001 et seq., MCA. This consent to annexation and waiver shall run with the land and shall forever be binding upon the Grantee, the Grantee's transferees, successors and assigns." 10. Following adoption of a Resolution of Annexation, the Petitioners request the City timely take all steps necessary to create the Wastewater SID. Upon creation, the Petitioners understand that the City will seek to sell bonds and then construct certain infrastructure that will collect and convey wastewater from the Riverside Properties to the WRF. The Petitioners request the City assume responsibility for such activities and not the Petitioners or the District. 11. The Petitioners request, upon annexation, the City Commission adopt the following zoning for the Riverside Properties as shown on Exhibit C upon annexation: a. For the Riverside Properties currently zoned County RX-MD the Petitioners who are owners of all such zoned property request a zoning ofR-2; b. For the Riverside Properties currently zoned County RX-HD, the Petitioners who are owners of all such zoned property request a zoning ofR4; c. For the Riverside Properties currently zoned County RS the Petitioners who are owners of all such zoned property request a City zoning of Rl; and 12. This Petition is binding upon the Petitioners' heirs, successors, administrators, executors, personal representatives, and assigns of the Petitioners. 13. A copy of this Petition shall be filed with the office of the Gallatin County Clerk and Recorder. Riverside Petition Page 4 of 5 Before Signature Pages PART II VOLUNTARY PETITION FOR SPECIAL ASSESSMENT BOND FOR PROJECT, CITY IMP ACT FEES AND RELATED COSTS OF FINANCING THROUGH SPECIAL ASSESSMENT A. As a condition to annexation of the District into the City and construction by the City of improvements enabling the District's sewer collection system to be connected to the City's water reclamation facility (the "Project"), the City requires payment to the City of an impact fee for fire/emergency services and an impact fee for wastewater treatment (collectively, the "City Impact Fees"), the total cost of which, without associated costs of financing, is estimated to be $327,908 and which must be paid by all owners of developed lots, tract, or parcels in the District. In lieu of each owner paying up front the City Impact Fees, the Board of Directors of the District (the "Board") has determined that it is in the best interests of the District to issue a special assessment bond (the "Bond") to pay, as a part of the Project, the costs of the City Impact Fees and all related costs of financing and has determined to spread the special assessments by using a methodology that reflects, to the extent reasonably practicable, the manner in which the City Impact Fees are calculated. B. In consideration of the foregoing and the benefits conferred upon the District and all of the owners of real property therein by annexation and the Project, the Petitioners acknowledge and agree: (i) that the City Impact Fees form a part of the Project and payment of the City Impact Fees is a condition to annexation of the District by the City and to the performance of the Project; (ii) that the services giving rise to the City Impact Fees forming a part of the Project confer a direct and special benefit upon each of Petitioners' lots, tracts, or parcels in an amount not less than the special assessments levied to repay the Bond; (iii) that the proceeds of the Bond will pay the City Impact Fees and associated financing costs and that such costs will be included in the costs of the Project; (iv) that the amount of the special assessments will reflect the costs of the City Impact Fees and additional costs associated with the issuance and the security for the repayment of and interest on the Bond; and (v) that the assessment methodology described above to pay for the City Impact Fees and associated costs is fair and equitable. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Riverside Petition Page 5 of 5 Before Signature Pages L),i.J gJ z/ i, " 0 0 0 0 N I 0 ' 0 N 0 N ~ < 0 0 'a: < V) n ... ~ 0 N I 0 I 0 N 0 N ~ < 0 f--s CL 0, i ~ ·~ ;1 ~ >, 0 u C 0 0 (D I CL u I z (') I u V) / 0 n ;3- l t~-., LEGEND 0 < ~ APPROX. PARCEL BOUNDARY (CADASTRAL) m Nt1t'+'A•t•Vi'll3•MI 3-300 O 300 600 ---PROPOSED ANNEXATI ON BOUNDARY 1483 North 14th Ave., Suite 101 ~ SCALE IN FEET Bozeman, Montana 59715 PROPOSED ANNEXATION PROPERTY DESCRIPTION THOSE PORTIONS OF SECTIONS 23, 25, AND 26, IN TOWNSHIP 1 S. RANGE 5 E., PRINCIPLE MERIDIAN OF MONTANA, IN GALLA TIN COUNTY. MONTANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 9, INCLUSIVE, OF BLOCK 1 OF RIVERSIDE MANOR SUBDIVISION; THE PARK IN BETWEEN BLOCK 1 AND RIVERSIDE DRIVE OF RIVERSIDE MANOR SUBDIVISION; LOTS 1 THROUGH 50, INCLUSIVE, OF BLOCK 2 OF RIVERSIDE MANOR SUBDIVISION; LOT 4 OF BLOCK 4 OF RIVERSIDE MANOR SUBDIVISION; THE PLATTED RIGHTS OF WAY FOR RIVERSIDE DR .• PARK PLAZA RD., AND GALLATIN DR. OF RIVERSIDE MANOR SUBDIVISION; REMAINING PLATTED ACCESS TRACTS AND ACCESS GAPS AS SHOWN ON THE RIVERSIDE MANOR SUBDIVISION PLAT G-36; TRACT 1, TRACT 2, AND TRACT 3 OF CERTIFICATE OF SURVEY NO. 3030, AS SHOWN ON DOCUMENT NO. 2698796; THE TRACT OF LAND DEDICATED PARKLAND AND ACCESS FROM THE PARK TO GALLATIN DR. AS SHOWN ON CERTIFICATE OF SURVEY NO. 674, FILM 48, PAGE 2014; LOTS 101A, 101B. 101C, AND 1010 OF THE AM ENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-A; LOTS 102 A-1. 102 B-1, 102 C-1, AND 102 .D-1 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-K; . LOTS 105A-1, 105B-1, AND 105C-1 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-E; LOTS 105E-1 AND 105F-1 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-M; LOTS 107A-1. 107B-1. AND 107C-1, OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-L; LOTS 109A, 109B, 109C, AND 1090, OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57; LOTS 1 THROUGH 4, INCLUSIVE, OF TIHE AMENDED PLAT OF A PORTION OF BLOCK 4 OF RIVERSIDE MANOR SUBDIVISION AS SHOWN ON PLAT G-36-C; LOTS 112 A-1. 112 B-1 , AND 112C-1 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-G; LOT 112D-1A OF TIHE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-1; LOTS 113A-1, 113B-1, 113C-1, AND 113D-1 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-F; LOTS 114A-1, 11 4B-1, AND 114C-1 OF TIHE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-H; LOTS 116A-1. 11 6B-1, AND 116C-1 OF TIHE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-N; LOTS 1A AND 18 OF THE RIVERSIDE MANOR SUBDIVISION PLAT AMENDMENT AS SHOWN ON PLAT NO. G-36-B; LOTS 2A-1, 2B-1, AND 2C-1 OF TH E AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-D; LOTS 3A-2, 3B-1, AND 3C-1 OF THE AMENDED SUBDI VISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-P; [ LOTS 5A-1, 5B-1, 5C-1, AND 5D-1; TOGETHER WI TIH TIHE ACCESS AREA ADDED TO TIH E EXISTING ACCESS TRACT, ALL ON THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-0; LOTS 7A-1 . 7B-1, 7C-1, AND 7D-1 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-C; LOTS 8A-1, 8B-1. 8C-1, AND 8D-1 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57-J; LOTS 1 DA. 10B, 1 DC, AND 1 OD OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE MANOR AS SHOWN ON PLAT G-36-D; LOTS 11A, 118, 11C, AND 110 OF THE AMENDED SUBDIVISION PLAT OF RIVERSIDE GREENS AS SHOWN ON PLAT J-57; AND THE RIGHT OF WAY OF SPRINGHILL RD, BEGINNING AT THE PROJECTED NORTIHERL Y LINE OF TRACT 2 OF CERTIFICATE OF SURVEY NO. 3030 AND CONTINUING SOUTH, ENDING AT TIHE PROJECTED SOUTHERLY LINE OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 3030. PROJECT 4028.20394.02 RIVERSIDE COUNTY WATER & SEWER DISTRICT NO. 310 DATE 10 15 2020 ANNEXATION BOUNDARY AND PROPERTY DESCRIPTION EXHIBIT A / 406-586-8834 o---------------------------------------...1--------------'-------------------------------------------...1-----------...J ~ 0 0 ~ "' 0 0 e's LEGEND ---s-- CADASlRAL PROPERlY EXISTING SEWER MAINS EXISTING WATER MAINS PRELIMINARY FORCE MAIN 500 ------------ EXHIBIT B ! g, ·c 0 ~I ~ w ,.. 0 " C " 0 ID I a. u I z '-' I N ~ 1000 0 p--,__-w SCALE IN FEET 1000 ZONING DESIGNATION R2 CITY ZONING R4 CITY ZONING R1 CITY ZONING ~1----------------------------------..-----------1 o PROJECT 4028.20394.01 ..., t RIVERSIDE COUNTY WATER & SEWER DISTRICT DATE 07 11 2021 % 4',,'e't','A•l•i','l*A•t'N ..., 0 ~ 1283 N. 14th Ave. Suite 101 "' Bozeman, Montana 59715 ~ 406-586~834 0------------------------------------~~--~---!17,-/'1.-( ANNEXATION ZONING MAP EXHIBITC