HomeMy WebLinkAbout23 - Annexation & Lot Mergers - Susan A. and Per M. Hjalmarsson - 1603 BRIDGER DRIVE ANNEXATION Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman,MT 549771-1230 2814551
Page: 1 of 17 11/02/2023 04:12:39 PM Fee $136.00
Eric Semerad — Gallatin County, MT MISG
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1603 BRIDGER DRIVE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 1l4` day of P Uq V tsk- , 2023,
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 Susan A.and Per M.Hjalmarsson,
1603 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 1603 BRIDGER DRIVE ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised described as follows:
Lots 19 and 20, MOUNT BALDY SUBDIVISION, [Plat F-10], according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, and that part of Bridger Drive, and located in the Southeast Quarter of Section
32, Township 1 South, Range 6 East of P.M.M.. Said property is further described as
follows:
Beginning at the northeast corner of said Lot 19; thence southerly 179°55'00", assumed
azimuth from north, 363.10 feet along the east line of said Lot 19 and its southerly
extension to the centerline of Bridger Drive; thence westerly 269°55'00" azimuth 100.00
feet along said centerline to the southerly extension of the west line of said Lot 20; thence
northerly 359°55'00"azimuth 363.10 feet along said southerly extension and along the west
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line of said Lot 20 to the northwest corner of said Lot 20; thence easterly 089°55'00"
azimuth 100.00 feet along the north line of said Lot 20 to the point of beginning.
Area of Lots=32,310 square feet, 0.7417 acre or 3,001.7 square meters.
Area of Right of Way=4,000 square feet,0.0918 acre or 371.6 square meters
All as depicted on the 1603 BRIDGER DRIVE Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the 1603 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 1603 BRIDGER DRIVE
ANNEXATION pursuant to Section 7-2-4601, et seq.,Mont. Code Ann.will allow the 1603 BRIDGER
DRIVE 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 1603 BRIDGER DRIVE
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 1603 BRIDGER DRIVE ANNEXATION; and
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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 1603 BRIDGER DRIVE
ANNEXATION with the City on July 25, 2022. By execution of this Agreement,the City manifests its
intent to annex the 1603 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 1603 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
1603 BRIDGER DRIVE ANNEXATION.
3. Services Provided
The City will,upon annexation,make available to the 1603 BRIDGER DRIVE ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement.
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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 1603 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 1603 BRIDGER DRIVE 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 1603 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 1603 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 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
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sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction
requirements. Landowner further understands and agrees that prior to connection to the City water and
sewer system, any existing on-site sewage treatment system must be properly abandoned and
certification provided to the City Water and Sewer Division that the abandonment occurred. The
Landowner must report the abandonment to the Gallatin City County Health Department. In addition to
abandonment of the septic tank and leach field, the applicant must demonstrate that any sanitary sewer
line has been completely disconnected from any existing septic system prior to the Landowner
connecting the to the City sanitary sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to municipal domestic water piping. Certification that there is no physical
connection between any on-site well and a domestic water line coming from the City's water supply
must be provided. The City Water and Sewer Division 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 any existing septic
system and/or fails to disconnect any 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 38.410.130,Bozeman Municipal Code and as may be amended.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
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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.
Domestic water demand from the single residential house falls below the City threshold (0.25AF).
Therefore,no cash-in-lieu of water is required.
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 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 agree prior to development of the 1603 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 Landowner have no right, either granted or implied, for it to further develop any
of the 1603 BRIDGER DRIVE 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,
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transportation, and sewer and water capacity, are available to all or a portion of the 1603 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 1603 BRIDGER DRIVE
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.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the 1603 BRIDGER DRIVE
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
1603 BRIDGER DRIVE 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 1603 BRIDGER DRIVE
ANNEXATION.
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11. Waiver of Right-to-Protest Special Districts
A. 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, stormwater drainage
facilities for a)Bridger Drive from Story Mill to Boylan Road.The Landowner agree 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 filed concurrently with this agreement 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 Intersection improvements including lighting, signalization /
channelization, paving, curb/gutter, sidewalk, and storm drainage for a) Bridger Drive and Story Mill
Road, and b) Bridger Drive and Boylan Road. The Landowner agree 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 filed concurrently with this agreement and is hereby incorporated in
and made a part of this Agreement.
C. Landowner agree 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 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.
12. Public Street and Utility Easements
The Landowner understand and agrees that a public street and utility easement must be provided
at the time Landowner return the signed annexation agreement for an additional 10 feet of Right-of-
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Way must be provided along Bridger Drive property frontage as depicted in the Bozeman
Transportation Master Plan, and thirty feet (30 feet) of right-of-way along the rear of the property
(north side) prior to the adoption of Resolution of Annexation. The Right-of-Way must be executed
using the City's standard language.
A ten foot private utility easement must be provided along the property's Bridger Drive
frontage as well as along the future local street located at the back of the property prior to the
adoption of Resolution of Annexation. The executed easement must be delivered to the City
Engineering Department. The easement must be executed on the City's standard easement form.
The Landowner, at its sole expense,has created such 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. The
Landowner further understand and agrees that additional public street and utility easements may be
required for delivery of municipal services with future development and such easement shall be provided
at the Landowner's sole expense.
13. Street Improvements
The Landowner understand and agree that at the time of future development the portion of
Bridger Drive and its related transportation infrastructure fronting the 1603 BRIDGER DRIVE
ANNEXATION must be improved to a City standard.
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.
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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 1603 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 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 Landowner 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. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the 1603 BRIDGER
DRIVE ANNEXATION will be subject to City charges and assessments for arterial and collector
streets, street maintenance, and tree maintenance on the same basis as all other properties in the City.
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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 1603 BRIDGER DRIVE ANNEXATION. The
parties further agree that the City may file these documents at any time.
17. 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.
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
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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.
23. 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.
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the 1603 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.
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IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
DATED this M day of � L� , 2023.
By. Susan A. Hjalmarsson _
By: Per Nlrfijalmars4n
STATE OF
COUNTY OF Fa&'yl :Ss
On this day of , 2023, before me, the undersigned, a Notary Public
for the State of ,personally appeared Per Hjalmarsson and Susan Hjalmarsson
acknowledged this record.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and.
year first above written.
(SEAL) ka U"�"g
Pp M0 LAURA MOWDER (Printed Name Here)
� 9F9; Notary Public Notary Public the State of
�,o1ARij • for the State of Montana Residing at
Residing at: M Commission Expires:Bozeman, Montana Y P _
'9�OF MDQt> My commission Expires: (Use 4 digits for expiration year) 'Pops
June 8,2025
CITY OF BOZEMAN
1603 BRIDGER DRIVE Annexation Agreement 13
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By:qviliefich, City Manager
ATTEST: ® . 0 �
Mike Maas, City Clerk •' '{$83: a
L`Z?illy CO.
STATE OF MONTANA )
:ss
COUNTY OF G(A,LLLLATIN )
On this day of , 2023,before me, a Notary Public for the state
of Montana,personally appeared ff Mihelich and Mike Maas,known to me to the persons described
in and who executed the foregoing instrument as Interim 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.
(SEAL) AAC
(Prmte Name Here)
JULIE HUNTER Public for the State of Montana
\S HUNrF'P% Notary Public Residing at -9p�
;',�0TaR,q4. :for the State of Montana My Commission Expires: 6l-ZU2 S
-*' SEAL. * Bozeman, Montana Residing (Use 4 digits for expiration year)
9•, �,
Boz
.Q2`
My Commission Expires:
June 11,2025
1603 BRIDGER DRIVE Annexation Agreement 14
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Inter-office Ori ing alto:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
f 1603 Bridger Dr ANNX and ZMA—22-2471
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 19 and 20, MOUNT BALDY SUBDIVISION, [Plat F-101, accordingto o 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 32, Township 1 South, Range 6 East of P.M.M.,
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 the
intersection of Bridger Drive and Boylan 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:
a) Lighting
b) Signalization and Channelization
e) Paving
d) Curb and Gutter
e) Sidewalk
f) Storm Drainage
1
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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
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.
2
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DATED this 1 day of , 2023.
LANDOWNER
/er . Hjalmarsson v Susan A. Hjalmarsson
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was signed or acknowledged before me this I day of 1 1�t ,2023,by
Per M. Hjalmarsson and Susan A. Hjalmarsson.
(SEAL)
KAYLA G
Notary Public for the State of Montana Notary Public
for. ;NOTnR�y�. for the State of Montana
Printed Name: I�� = —— - Residing at:
Residing at Bozeman, Montana
My Commission Expires m / 1 /202110 '9'ApF'Mpt?�P' My Commission Expires:
� December 1,2026
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Improvments(Bridget Dr&Boylan Rd).Docx
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