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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 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
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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
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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
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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