HomeMy WebLinkAbout016_Exception 9.City Access Agreement.2018.06.12 Original to:
City of Bozeman
City Clerk 2616302
PO Box 1230
Bozeman,MT 59771-1230 CharlottefMills 06Ca2
l2
018 03 25:46MPM Fee: $49
ISC
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BAXTER MEADOWS LAND PARTNERS ACCESS AGREEMENT
THIS AGREEMENT made and entered into this 247"day of MRRCA .2018, by
and between the CITY OF BOZEMAN, a municipal corporation and self-governing political
subdivision of the State of Montana with offices at 121 North Rouse Avenue, Bozeman,
Montana 59771-0640, hereinafter referred to as "City", and BAXTER MEADOWS LAND
PARTNERS, LLC, 1356 North Chancey Lane, Midway, UT 84049, hereinafter referred to as
"Landowner".
WITNESSETH;
WHEREAS, Landowner is owner in fee of a tract of certain real property,hereinafter
referred to as the BAXTER MEADOWS LAND PARTNERS ANNEXATION situated in Gallatin
County,Montana,and more particularly described as follows:
The property is located at 3221 Baxter I.ane.The(Property)is further described
as:
A tract of land being the S1/2 SW1/4 SW1/4 SW1/4 of Section 35,
Township 1 South Range 5 East, Gallatin County, Montana containing 5
acres.
WHEREAS, Landowner petitioned the City for annexation to the City of said tract of
land; and
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WHEREAS, the City has adopted access spacing restrictions along arterials streets
such as Baxter Lane and Davis Lane as set forth in Section 38.24.090,BMC; and
WHEREAS, the configuration of the BAXTER MEADOWS LAND PARTNERS
ANNEXATION is such that it has dimensions that are less than the required access separation
from the intersection of Baxter Lane and Davis Lane and the intersection of Windward
Avenue and Baxter Lane;and
WHEREAS,the future extension of Windward Avenue east of the BAXTER MEADOWS
LAND PARTNERS ANNEXATION will provide a correctly spaced access point onto Windward
Avenue;and
WHEREAS, the property where Windward Avenue will be extended north of Baxter
Lane has not yet been annexed;and
WHEREAS,the Landowner and City mutually desire to allow access to the BAXTER
MEADOWS LAND PARTNERS ANNEXATION in a manner that is effective in both the short
and long term and will be consistent with the City's regulations;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.
WITNESSETEL,
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1..Recitals
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The above recitals are true and correct.
2.Access Restrictions
Section 38.24.090, BMC restricts the placement of accesses onto public streets. The
long term development of the BAXTER MEADOWS LAND PARTNERS ANNEXATION and
adjacent properties will be benefited by a coordinated access approach.Paragraph H of BMC
Section 38.24.090 allows for modification of the established access spacing standards when
certain factors are reviewed and addressed.The City and Landowner understand and agree
that not more than one access will be provided to the Property from Baxter Lane and one
access from Davis Lane.The accesses may have restricted movements if deemed necessary
for public safety by the City. At the time of development of the Property and upon submittal
of a site plan or subdivision application,the Landowner must provide an access analysis for
any access onto Davis Lane or Baxter Lane per BMC Section 38.24.090.H.3, and the City will
review recommendations of that analysis and decide final access configurations.
3.Access Relocation
The Landowner will at the time Windward Avenue is extended north of Baxter Lane
relocate its access from Baxter Lane to Windward Avenue at the Landowner's expense. After
the adjacent property to the north is annexed and upon development of the annexed
property to the north,the Landowner must relocate its access along Davis Lane to a shared
access point with adjacent property to the north. The Landowner must provide a mutual
access easement for the benefit of the property owner to the north a minimum width of
seventeen and one-half(17.5) feet consistent with one half the minimum throat width of a
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non-residential driveway approach defined in the City of Bozeman Standard Drawing SD
02529-12 upon executing this Agreement.
4.Cost Share
The Landowner will reimburse the developer of the extension of Windward Avenue
for the portion of the project equal to the western half of the street from Baxter Lane to the
northern boundary of the BAXTER MEADOWS LAND PARTNERS ANNEXATION at the time
of completion of construction of Windward Avenue.
S.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 with the BAXTER MEADOWS LAND
PARTNERS ANNEXATION. The parties further agree that the City may file these documents
at any time.
6-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.
77.Attarn.ey'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.
8.Waiver
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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.
9, 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.
10.Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by
a writing signed by the parties hereto.
11. No Assignment
It is expressly agreed that Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
12,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.
13.Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BAXTER
MEADOWS LAND PARTNERS ANNEXATION and shall be covenants running with the land
and shall not expire at their deaths or upon transfer of ownership of the property.
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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.
DATED this 2Jday of MARIC.N ,2018.
LANDOWNER
8111 Turnbull
BAXTER MEADOWS LAND PARTNERS, LLC
QMIA
STATE OFF ]
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COUNTY OF ga—L .C)
On this_2�day of 1MAgakl . 2018, before me, the undersigned,a Notary
Public for the State of Pdpntam, personally appeared Bill Turnbull, known to me to be the
MA ArmEEL USN of Baxter Meadows Land Partners, LLC that executed the
within instrument,and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) �a,,1SC,1�Lr iL 1
RUSSELL B POULSEN (Printed Name Here)
Notary Public-StateofUTA Notary Public for the State of ta
s Comm.No.646171
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Aug 18,2021 My Commission Expires:.Aig 1$-7&Z(
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DATED this day of 2018.
CITY OF BOZEMAN
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Andrea Surratt
City Manager
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STATE OF MONTANA )
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COUNTY OF &11r�,1� )
On this tk day of 2018, before me, the undersigned,a Notary
Public for the State of Montana, personally appeared Andrea Surratt and Robin Crough
known to me to be the persons described in and who executed the foregoing instrument as
City Manager and`�le k of the City r^mm ��:�respectively, of the City of Bozeman, whose
names are subscrI the within instrument and acknowledged to me that they executed
the same for an 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. ('
,.. BRENOA S \\ A
.°°�!1a"•8`�'FF,(�, Notary Puhtlo (Printed Name Here) _
Vim"aOtAR(��. for
the State of Montana Notary Public for the State of _
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