HomeMy WebLinkAbout20- Annexation Agreement - Bridger Vet Specialty Hospital Inter-office Original to: PLATTED
City of Bozeman
City Clerk 2718806
PO Box 1230
Bozeman,NIT 549771-1230 Er�1c Semerad7- Ga�lat�1n20ounty,21 3MT55 PM FeeMI$
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BRIDGER VETERINARY SPECIALTY HOSPITAL
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this < V day of �c t�� Y ,202 b ,
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 Bridger Veterinary Facility, LLC,
859 Fort Ellis Road, 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 BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION situated in Gallatin
County, Montana, and more particularly described as follows:
An area of land comprised described as follows:
Lot 3, Block 5, Walker Property Subdivision P.U.D. [Plat J-164], according to the plat thereof,
on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and
located in the Southeast Quarter of Section 26 and the Southwest Quarter of Section 25,
Bridger Veterinary Specialty Hospital Annexation Agreement 1
Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana. Also, that part of the
adjacent right of way of Campbell Road lying southeasterly from the centerline, and that part of
the adjacent right of way of Reeves Road East lying southwesterly from the northeasterly right
of way line. Said property is all described as follows:
Beginning at the most southerly corner of Lot 3, Block 5, said Walker Property Subdivision
P.U.D.;thence northwesterly 307°41'09", assumed azimuth from north, 192.30 feet along the
southwesterly line of said Lot 3; thence continuing northwesterly 307°41'09"azimuth, 30.00
feet to the centerline of the right of way of Campbell Road; thence northeasterly 350.37 feet on
a nontangential curve concave to the northwest, radius 1714.28 feet, central angle 11'42'37",
and having a chord length of 349.76 and a chord azimuth of 031049'50" along said centerline;
thence northeasterly 025°58'32" azimuth, 141.87 feet tangent to said curve along said
centerline to the northwesterly extension of the southwesterly line of Lot IA, Minor
Subdivision No. 147A; thence southeasterly 119'31'l8" azimuth, 63.08 feet along said
extension and along the southwesterly line of said Lot IA; thence southeasterly 136'11,20"
azimuth 235.79 feet along said southwesterly line; thence southwesterly 226'11'20" azimuth
60.00 feet to the most easterly corner of said Lot 3; thence southwesterly 217°41'09" azimuth
401.61 feet along the southeasterly line of said Lot 3 to the point of beginning.
All as depicted on the Bridger Veterinary Specialty Hospital Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the BRIDGER VETERINARY SPECIALTY HOSPITAL 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 BRIDGER VETERINARY
SPECIALTY HOSPITAL ANNEXATION pursuant to Section 7-2-4601, et seq.,Mont. Code Ann. will
Bridger Veterinary Specialty Hospital Annexation Agreement 2
allow the BRIDGER VETERINARY SPECIALTY HOSPITAL 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 BRIDGER VETERINARY
SPECIALTY HOSPITAL 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 BRIDGER VETERINARY SPECIALTY HOSPITAL
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:
1. Recitals
The above recitals are true and correct.
2. Annexation
Bridger Veterinary Specialty Hospital Annexation Agreement 3
The Landowner filed an application for annexation of the BRIDGER VETERINARY
SPECIALTY HOSPITAL ANNEXATION with the City on June 17, 2020. By execution of this
Agreement, the City manifests its intent to annex the BRIDGER VETERINARY SPECIALTY
HOSPITAL 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 BRIDGER VETERINARY SPECIALTY
HOSPITAL 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
BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the BRIDGER VETERINARY SPECIALTY
HOSPITAL 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 BRIDGER VETERINARY SPECIALTY HOSPITAL
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 BRIDGER
Bridger Veterinary Specialty Hospital Annexation Agreement 4
VETERINARY SPECIALTY HOSPITAL 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 BRIDGER VETERINARY SPECIALTY HOSPITAL
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
BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION to include, but not limited to,
any impact fees, hookup, connection, or development charges which may be established by the City.
6. Water Rij4hts
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
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
Bridger Veterinary Specialty Hospital Annexation Agreement 5
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.
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 BRIDGER VETERINARY
SPECIALTY HOSPITAL ANNEXATION to complete, at Landowner's expense,the necessary system
improvements to serve the proposed development.
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 BRIDGER VETERINARY SPECIALTY HOSPITAL 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
BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. Notice is thus provided to the
Landowner that prior to additional development of the property, the Landowner will be solely
Bridger Veterinary Specialty Hospital Annexation Agreement 6
responsible for installing, at Landowner's sole expense, any facilities or infrastructure required to
provide full municipal services to the BRIDGER VETERINARY SPECIALTY HOSPITAL
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 BRIDGER VETERINARY
SPECIALTY HOSPITAL 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 BRIDGER VETERINARY SPECIALTY HOSPITAL 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 BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION.
10. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts or
Special Improvement Districts for street and transportation improvements including design and
Bridger Veterinary Specialty Hospital Annexation Agreement 7
engineering, paving and subsurface improvements, curb and gutter, sidewalk and stormwater drainage
facilities, and fiber optic conduit for CAMPBELL ROAD AND REEVES ROAD as identified by the
DRC. The Landowner agrees such 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.
B. Landowner agrees that in the event a special district or an SID is not utilized for the
completion of these improvements as described in subsection A 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 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. Payback Districts
The BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION is within an
infrastructure payback districts. Landowner agrees to pay the following paybacks at the time of
application for annexation.
a. Bozeman Solvent Site Payback District amount $7,179.18 (Seven Thousand One
Hundred Seventy Nine and Eighteen Cents). Rate $0.082 per square foot of property with 87,551 square
foot lot.
12. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement must be provided
for a width of 10 feet from north to south along Campbell Road and east to west along Reeves Roads
per 38.410.060.13 of the municipal code. DRC. The Landowner, at its sole expense, has created such an
easement in a location and form agreeable to the City and the easement will be filed at the Gallatin
County Clerk and Recorder's Office.
Bridger Veterinary Specialty Hospital Annexation Agreement 8
13. Street Improvements
The Landowner understands and agrees that Campbell and Reeves Roads are not constructed to
City Standards. Campbell and Reeves Roads were permitted through a Planned Unit Development
(Walker Properties PUD). Road improvements are not required with annexation. Related transportation
infrastructure fronting the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION
property must be improved to a City standard at Landowner's expense with subsequent development.
Improving streets is encouraged and if improved to City Standards the City would assume maintenance
responsibility. Waivers to transportation infrastructure improvements accompany this agreement, see
part 10 of this agreement.
14. 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.
Bridger Veterinary Specialty Hospital Annexation Agreement 9
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the BRIDGER VETERINARY SPECIALTY HOSPITAL
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 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.
15. Assessments
Landowner understands and agrees that after this Agreement is recorded the BRIDGER
VETERINARY SPECIALTY HOSPITAL 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.
16. 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 BRIDGER VETERINARY SPECIALTY
HOSPITAL ANNEXATION. The parties further agree that the City may file these documents at any
time.
17. Governin!Law and Venue
Bridger Veterinary Specialty Hospital Annexation Agreement 10
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.
18. 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.
19. 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.
20. 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.
21. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
22. 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
Bridger Veterinary Specialty Hospital Annexation Agreement 11
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 BRIDGER VETERINARY
SPECIALTY HOSPITAL 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.
Bridger Veterinary Specialty Hospital Annexation Agreement 12
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
ger Ve erinary Facility, LLC
By: 3DS t-� I>-J
Title: pic,�-V✓
STATE OF )
COUNTY OF ems)
On this day of (.Pi/y�-�`�� ,202 ,before me,the undersigned,a Notary
Public for the State of personally appeared = `' c 4tY
known to me to be the landowner that executed the within instrument, and acknowledged to me that they
executed the same for and on behalf of landowner. J
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and aGi I
year first above written.
bL c,
(SEAL)
1
SUSAN HJALMARSSON
.• 99s- Notary Public (Printed Name Here)
� �oTAR�q4�Z=for the State of Montana Notary Public for the State
Residing at:
'- SEAL.?y Bozeman, Montana Residing at
"N..• P. My Commission Expires: My Commission Ex ices:
O, July 16,2023
(Use 4 digits for� piration year)
X
Bridger Veterinary Specialty Hospital Annexation Agreement 13
CITY OF BOZEMAN
Ld"�
of hell h, City anager
ATTEST:
a�
Y
City Clerk
STATE OF MONTANA
:ss
COUNTY OF GALLATIN )
Q�aW
On this 0 day of ,202t, before me, a Notary Public for the
state of Montana, personally appeared Jeff Whelich and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as 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.
N`1 EATHER BIENVENUE
�.• "' •.Fti Notary Public
44T.'NOTARiq4".•- for the State of Montana irinted Name Here)
Residing Montana Notary Public for the State of Montana
��.SEAL.�Q= Bozeman, Mon y
'-9Mo � My Commission Expires: Residing at
January 26,2022 My Commission Expires:
(Use 4 digits for expiration year)
Bridger Veterinary Specialty Hospital Annexation Agreement 14
EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
BRIDGER VETERINARY SPECIALY HOSPITAL ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 3, Block 5, Walker Property Subdivision P.U.D. [Plat J-164], according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, and located in the Southeast Quarter of Section 26 and the Southwest Quarter
of Section 25, Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana.
Also, that part of the adjacent right of way of Campbell Road lying southeasterly from
the centerline, and that part of the adjacent right of way of Reeves Road East lying
southwesterly from the northeasterly right of way line.
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
CAMPBELL ROAD AND REEVES ROAD 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 districts or 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,storm drainage facilities
for CAMPBELL ROAD AND REEVES ROAD.
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
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
Bridger Veterinary Specialty Hospital Annexation Agreement 15
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 special district or special improvement district 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.
DATED this day of bl-cam`. , 202 t7.
LANDOWNER
A2_
Uridger)Veterinary Facility,LLC
By: ..s- ! k-s"
Title: o.. �c -
STATE OF ^n
1 :ss
COUNTY OF
On this� ay of /Ju (.� i , 202_, before me, the undersigned, a Notary Public
for the State of personally appeared , known
to me to be the landowner that executed the within instrument, and acknowledged to me that they pj e- C'fV
executed the same for and on behalf of landowner. � rd --y-
vt�z►�I✓ll«
Bridger Veterinary Specialty Hospital Annexation Agreement 16
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
( rinted Name Here)
SUSAN HJALMARSSON
9ss= Notary Public Notary Public for the Stag
oTARI 'P' for the State of Montana Residing at
.o�
_�•a A<• g
*: -- * Residing at: My Commission Expires:
SEAL.Q; Bozeman, Montana
z (Use 4 digits for expiration year)
9 My Commission Expires:
July 16,2023
Bridger Veterinary Specialty Hospital Annexation Agreement 17