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HomeMy WebLinkAbout24 - Annexation & Lot Mergers - Luke Welborn - 2320 WEST BABCOCK Annexation (2) 2841054 Page: 1 of 17 12/12/2024 09:39:47 AM Fee: $136.00 IIIIIII IIIIII III IIIII IIII IIIIIilllatin County, MT llllll IIII IIII IIIII IIIII IIIII IIIIIII III IIIII SC IIIII IIII IIII Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman,MT 549771-1230 2320 WEST BABCOCK ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this day of 2024, 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 Luke Welborn, PO Box 6507, Bozeman, MT 59771, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 2320 WEST BA 3COCK ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: Tracts of land being the parcel shown per Film 24, Page 425, and the parcel conveyed on Film 24, Page 426 located in the SE 1/4 of Section 11, Township 2 South, Range 5 East, P.M.M., Gallant County, MT, more particularly described as follows; 2320 WEST BABCOCK Annexation Agreement, Application 24106 1 2841054 Page 2 of 17 12/12/2024 09.39.47 AM Beginning at a calculated point on the center of section line of said Section 11 from which a Brass cap in a monument box being the center one-quarter corner of said Section 11, bears S 89°31'53" W a distance of 600.25 feet; thence along said center of section line N 899 F53" E, a distance of 389.82 feet to a calculated position; thence leaving said center of section line S 00°05'03" W, a distance of 312.81 feet to a 2.5" Swart Brass Cap; thence S 89°18'24" W, a distance of 230.39 feet to a calculated position; thence N 00°09'32" E, a distance of 29.08 feet to a 2.5" Swart Brass Cap; thence S 899 8'43" W, a distance of 161.14 feet to a calculated position; thence N 00025'01" E, a distance of 285.27 feet to the Point of Beginning, containing 2.705 acres more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. All as depicted on the 2320 WEST BABCOCK Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of the 2320 WEST BABCOCK ANNEXATION; and WHEREAS, the 2320 WEST BABCOCK 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 2320 WEST BABCOCK ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 2320 WEST BABCOCK 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 2320 WEST BABCOCK Annexation Agreement, Application 24106 2 2841054 Page 3 of 17 12/12/2024 09.39.47 AM WHEREAS,the parties recognize additional development on the 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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 The Landowner filed an application for annexation of the 2320 WEST BABCOCK ANNEXATION with the City on February 27, 2024. By execution of this Agreement, the City manifests its intent to annex the 2320 WEST BABCOCK ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, 2320 WEST BABCOCK Annexation Agreement, Application 24106 3 2841054 Page 4 of 17 12/12/2024 09.39.47 AM Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 2320 WEST BABCOCK 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 2320 WEST BABCOCK ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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 2320 WEST BABCOCK Annexation Agreement, Application 24106 4 2841054 Page 5 of 17 12/12/2024 0939A7 AM 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 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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 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 that the City of Bozeman determines are useful for City purposes. If insufficient water rights exist,the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Public Utilities, prior to development. 7. Comprehensive Water and Wastewater 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 2320 WEST BABCOCK Annexation Agreement, Application 24106 5 2841054 Page 6 of 17 12/12/2024 0939A7 AM 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 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 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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. 2320 WEST BABCOCK Annexation Agreement, Application 24106 6 2841054 Page 7 of 17 12/12/2024 09.39.47 AM 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 2320 WEST BABCOCK 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 2320 WEST BABCOCK 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 2320 WEST BABCOCK ANNEXATION. 10. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts (SID) or Special Improvement 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 the following streets identified by the Development Review Committee for: 2320 WEST BABCOCK Annexation Agreement, Application 24106 7 2841054 Page 8 of 17 12/12/2024 0939A7 AM a. Street improvements to West Babcock Street between Fowler Street to Main Street including lighting, signalization,paving,curb/gutter,sidewalk,and storm drainage. 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"A" 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 the 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. C. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. 11. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement must be provided for delivery of municipal service with future development and such easement shall be provided at the Landowner's sole expense. A right of way for West Babcock Street, classified as a Collector in the Bozeman Transportation Master Plan (TMP), has a minimum right-of-way ROW width of 90 feet. The applicant must provide their respective West Babcock Street ROW where West Babcock Street is adjacent to or crosses the property prior to the adoption of Resolution of Annexation. The Landowner understands and agrees that a public street and utility easement must be provided concurrent with signature of this agreement for West Babcock Street is adjacent to or crosses the 2320 WEST BABCOCK Annexation Agreement, Application 24106 8 2841054 Page 9 of 17 12/12/2024 0939A7 AM 2320 WEST BABCOCK ANNEXATION to include half of the 90-foot required right of way for a collector adjacent to the 2320 WEST BABCOCK ANNEXATION. The Landowner, at its sole expense,has created such easements in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder's Office. A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The Landowner understands and agrees that a public street and utility easement must be provided for delivery of municipal service with future development and such easement shall be provided at the Landowner's sole expense. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development, and in such event, the easement shall be provided at the Landowner's sole expense. 12. Street Improvements The Landowner understands and agrees that at the time of future development the portion of the 2320 WEST BABCOCK ANNEXATION and its related transportation infrastructure fronting the 2320 WEST BABCOCK ANNEXATION this property must be improved to a City standard at Landowner's expense. 13. 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 2320 WEST BABCOCK Annexation Agreement, Application 24106 9 2841054 Page 10 of 17 12/12/2024 09.39.47 AM 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 2320 WEST BABCOCK 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. 2320 WEST BABCOCK Annexation Agreement, Application 24106 10 2841054 Page 11 of 17 12/12/2024 09:39A7 AM 14. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the 2320 WEST BABCOCK 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. 15. 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 2320 WEST BABCOCK ANNEXATION. The parties further agree that the City may file these documents at any time. 16. 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. 17. 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. 18. 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. 2320 WEST BABCOCK Annexation Agreement, Application 24106 11 2841054 Page 12 of 17 12/12/2024 09:39A7 AM 19. 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. 20. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. 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 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 2320 WEST BABCOCK 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. 2320 WEST BABCOCK Annexation Agreement, Application 24106 12 2841054 Page 13 of 17 12/12/2024 09.39.47 AM IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and year first above written. DATED this 4—day of /� , 2024. LANDOWNER y: Luke Welborn STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this 15t day of QC�0�2 r' , 2024, before me,the undersigned, a Notary Public for the State of Montana, personally appeared Luke Welborn and 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) EVAN D. VINGER Evan V 496 °:wN NOTARY PUBLIC for the (Printed Nam Here) State of Montana Notary Public for the State of **..SEAL:* Residing at Residin at WtA :A &Oe . M .2Q Gallatin Gateway,Montana Residing at My Commission Expires My Commission Expires: 10MIlo2 October 12,2027 (Use 4 digits for expiration year) 2320 WEST BABCOCK Annexation Agreement, Application 24106 13 2841054 Page 14 of 17 12/12/2024 09:39A7 AM CITY OF BOZEMAN J1 A,,t—_j UAJ - By: Chuck Winn,Interim City Manager ATTEST: City Clerk P�, o0. STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this O day ofD eC2ffi 6C , 2024, before me, a Notary Public for the state of Montana, personally appeared Chuck Winn 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) I ll e- 4k u Aak\r (Printed Name Here) JULIE HUNTER Notary Public for the State of Montana Notary Public oTAR/,q ;for the State of Montana Residing at ;Z-..Q/ytil\U�,� Residing at: M Commission Ex N .SEAL.. Q= Bozeman Montana } Expires: < � . My commission Expires: (Use 4 digits for expiration year) June 11, 2025 2320 WEST BABCOCK Annexation Agreement, Application 24106 14 2841054 Page 15 of 17 12/12/2024 09:39A7 AM EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICTS OR SPECIAL IMPROVEMENT DISTRICTS 2320 WEST BABCOCK ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tracts of land being the parcel shown per Film 24, Page 425, and the parcel conveyed on Film 24, Page 426 located in the SE 1/4 of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, MT, more particularly described as follows; Beginning at a calculated point on the center of section line of said Section 11 from which a Brass cap in a monument box being the center one-quarter corner of said Section 11, bears S 89°31'53" W a distance of 600.25 feet; thence along said center of section line N 89°31'53" E, a distance of 389.82 feet to a calculated position; thence leaving said center of section line S 00°05'03" W, a distance of 312.81 feet to a 2.5" Swart Brass Cap; thence S 89°18'24" W, a distance of 230.39 feet to a calculated position; thence N 00°09'32" E, a distance of 29.08 feet to a 2.5" Swart Brass Cap; thence S 89'18'43" W, a distance of 161.14 feet to a calculated position; thence N 00°25'01" E,a distance of 285.27 feet to the Point of Beginning,containing 2.705 acres more or less. Subject to all easements of record or apparent from visual inspection of the property. 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 transportation impacts to: a. Street improvements to West Babcock Street adjacent to or crosses the property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 2320 WEST BABCOCK Annexation Agreement, Application 24106 15 2841054 Page 16 of 17 12/12/2024 09:39A7 AM following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities,broadband,and other dry utilities for the aforementioned street improvements. 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. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. 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. 2320 WEST BABCOCK Annexation Agreement, Application 24106 16 2841054 Page 17 of 17 12/12/2024 09.39.47 AM DATED this—L—day of of-olv , 2024. LANDOWNER y: Luke Welborn STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this /Sf day of O o6e it , 2024,before me,the undersigned, a Notary Public for the State of Montana, personally appeared Luke Welborn and 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) EVAN D. VINGER �CVAI V4 �JP��.•V�/yG�9 NOTARY PUBLIC for the (Printed Nade Here) State of Montana Notary Public for the State of /V I N:•sEAL;Q Residing at Residing at �/a .� G twa MT v.,•• P2 Gallatin Gateway,Montana lFOFMO My Commission Expires My Commission Expires: - 27 October 12,2027 (Use 4 digits for expiration year) 2320 WEST BABCOCK Annexation Agreement, Application 24106 17