HomeMy WebLinkAbout25 - Annexation & Lot Mergers - Hal Stanley - 1727 Kenyon Drive2869392
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Inter-officeOriginalto:
CityofBozeman
CityClerk
PO Box 1230
Bozeman,MT549771-1230
1727 KENYON DRIVE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered intothis ay of CV ,2025,by
and between the CITY OF BOZEMAN,a self-governing municipal corporation organized and
existingunder itsCharter and the laws of the State of Montana with offices at 121 N.Rouse
Avenue,Bozeman,Montana 59771-0640,hereinafterreferredto as "City",and Hal Stanley,1727
Kenyon Drive,Bozeman,MT 59715,hereinafterreferredto as "Landowner".
W IT N E S S E T H:
WHEREAS,Landowner is owner in fee of a tract of certain real property,hereinafter
referredto as the 1727 KENYON DRIVE ANNEXATION situated in GallatinCounty,Montana,and
more particularlydescribed as follows:
An area of land comprised described as follows:
A portion of Lot C ofAldworth's Rearrangement (PlatJ-287),located inthe east halfof the
southeast one-quarter of Section 18,Township 2 South,Range 5 East,P.M.M.Cityof
Bozeman,GallatinCounty,Montana.More particularlydescribed as follows;
1727 KENYON DRIVE ANNEXATION Agreement 1
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Beginning at an R.W.Allen Aluminum Cap (AC)inthe Northwest corner of Tract C of
Aldworth's Rearrangement (PlatJ-287);
thence S 28°40'25"E a distance of 154.74 feetto an R.W.Allen AC;
thence S 03°40'38"W a distance of 219.43 feetto a nailand washer;
thence N 52°35'00"E a distance of 135.14 feet to a 1"Swart Nickel Plated cap;
thence N 52°36'21"E a distance of 173.62 feetto a 1"Swart Nickel Plated cap;
thence N 64°14'53"W a distance of 107.22 feetalong the property boundary common to Lot
2 of Graf'sFirstSub-Division,to a calculated position;
thence continuing along the linecommon to Graf's FirstSub-Division,N 65°23'31"W,a
distance of 142.83 feetto a calculated position;
thence N 28°38'42"W a distance of 92.18 feetto a calculated position;
thence leavingGraf'sFirstSub-Division,S 60°25'40"W a Distance of 40.04 feetto the
Point Of Beginning,containing 0.903 Acres,more or less.
Subject to alleasements of record or apparent from a visualinspection of the property.Allas
depicted on the 1727 KENYON DRIVE ANNEXATION Map.
WHEREAS,the Landowner petitioned the City for annexation to the City of said tract of
land;and
WHEREAS,the 1727 KENYON DRIVE ANNEXATION isnot withinthe corporate limitsofthe
City or other municipality and may therefore be annexed to the City in accordance with the
provisionsof thisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and
WHEREAS,allpartiesrecognize the annexation of the 1727 KENYON DRIVE ANNEXATION
pursuant to Section 7-2-4601,et seq.,Mont.Code Ann.willallow the 1727 KENYON DRIVE
ANNEXATION to connect to and utilizeCityservices,includingmunicipalwater and sewer service,
parks and recreation,fireand police services,and the City'stransportation system;and
WHEREAS,Section 7-2-4610,Mont.Code Ann.provides that a municipality and
landowner can agree to the provisions of servicesto the area to be annexed;and
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WHEREAS,the parties recognize additional development on the 1727 KENYON DRIVE
ANNEXATION willimpact area parks,recreation,transportation,police,and fireservices,and that
future improvements may requireadditionalpublic infrastructurestreetimprovements including
transportation for trafficcirculationand the provisions of parks,recreation,police,and fire
services;and
WHEREAS,the Landowner findsthisAgreement willprovide forthe most satisfactoryand
dependable water supply and sewer supply or service,and provide transportation,parks,
recreation,police and fireservicefordevelopment of the 1727 KENYON DRIVE ANNEXATION;and
WHEREAS,the parties have determined that itis in the best interestsof the City and
Landowner,and infurtherance of the public health,safetyand welfare ofthe community to enter
intoand implement thisAgreement.
W IT N E S S E T H:
IN CONSIDERATION of the mutual covenants and agreements herein contained,the
partieshereto agree as follows:
1.Recitals
The above recitalsare true and correct.
2.Annexation
The Landowner filed an application for annexation of the 1727 KENYON DRIVE
ANNEXATION with the City on January 31,2025.By execution of this Agreement,the City
manifests itsintentto annex the 1727 KENYON DRIVE ANNEXATION tractpursuant to the terms
and conditions of thisAgreement.Subject to the provisions of Title7,Chapter 2,Part 46,Mont.
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Code Ann.the City shall,upon execution of thisAgreement,adopt a Resolution of Annexation of
the 1727 KENYON DRIVE ANNEXATION.Further,upon the execution of this Agreement,the
Landowner shalldo allthings required by thisAgreement and allthings necessary and proper to
aid and assistthe City in carryingout the terms,conditions and provisions of thisAgreement and
to effectthe annexation ofthe 1727 KENYON DRIVE ANNEXATION.
3.Services Provided
The Citywill,upon annexation,make availableto the 1727 KENYON DRIVE ANNEXATION
existingCityservices only to the extent currentlyavailable,or as provided inthisAgreement.
4.Municipal Water Service Defined
The term "municipal water service"as isused inthisagreement shallbe the servicewhich
issupplied by the City in accordance with Chapter 40,Article2,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 linesor construction of necessary
improvements at any cost to the City fordeliveryof water to and within the 1727 KENYON DRIVE
ANNEXATION.Nothing inthisAgreement shallobligatethe Cityto pay forright-of-wayacquisition,
engineering,construction,and other costs forthe deliveryofwater to or withinthe 1727 KENYON
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 isused inthisAgreement shallbe the service which
issupplied by the City in accordance with Chapter 40,Article3,Bozeman Municipal Code,as
amended,as well as any other terms and conditions which apply to the City'sprovision of this
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service but does not include the extension of linesor construction of necessary improvements at
any cost to the Cityforcollectionof sewage atand within the 1727 KENYON DRIVE ANNEXATION.
Nothing inthisAgreement shallobligatethe Cityto pay forright-of-wayacquisition,engineering,
construction,and other costs forthe collectionof sewage servicesto or within the 1727 KENYON
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 Rights
The Landowner specificallyrecognizes and agrees that provisionsforwater rightsor cash
in-lieuof water rightsshallbe provided upon furtherdevelopment or subdivision of the property
inaccordance 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 willbe calculated based on the annual demand for volume of water
the development willrequiremultipliedby the most current annual unitpriceineffecton the date
the water rightsare transferred or payment-in-lieu of water rightsisto be made to the City.As
such,the Landowner acknowledges that the rates forcash in-lieuof water rightsmay increase
over time as established by Resolution of the City Commission.As such,the Landowner
acknowledges that the ratesforcash in-lieuof water rightsmay increase over time as established
by Resolution ofthe CityCommission.Domestic water demand from the singleresidentialhouse
fallsbelow the City threshold (0.25AF).Therefore,no cash-in-lieuofwater isrequired.
7.Comprehensive Water and Water Design Report
Priorto 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
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reportevaluating existingcapacity of sewer and water utilitiesinthe area.The reportmust include
hydraulic evaluations of each utilityfor both existingand post-development demands,and the
reportfindingsmust demonstrate adequate capacity to serve the fulldevelopment of the land.If
adequate infrastructurecapacity isnot availableforthe proposed development,the report must
identifynecessary water or wastewater system improvements necessary for the proposed
development.Ifimprovements to thiswater or wastewater system are necessary,the Landowner
agrees prior to development of the 1727 KENYON DRIVE 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 installingallfacilitiesrequired to provide full
municipal services to the property inaccordance with the City'sInfrastructureMaster 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,eithergranted
or implied,foritto furtherdevelop any of the 1727 KENYON DRIVE ANNEXATION untilitisverified
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 availableto
allor a portion of the 1727 KENYON DRIVE ANNEXATION.Notice is thus provided to the
Landowner that priorto additional development of the property,the Landowner willbe solely
responsible forinstalling,at Landowner's sole expense,any facilitiesor infrastructurerequired to
provide fullmunicipal services to the 1727 KENYON DRIVE ANNEXATION inaccordance with the
City's infrastructure plans,adopted Growth Policies/Community Plans,and all other city
regulations,policiesand guidelines that may be ineffectatthe time ofdevelopment.
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9.Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan forthe 1727 KENYON DRIVE
ANNEXATION fora system designed to remove solids,oils,grease,and other pollutantsfrom the
runofffrom public streetsand other impermeable surfaces may be required to be provided to and
approved by the City Engineer atthe time of any futuredevelopment.The plan must demonstrate
that adequate treatment of runofffrom public streets,other impermeable surfaces,and allfuture
lots will be achieved by providing spot elevations,flow direction arrows,detention and/or
retention basin details (including basin sizingcalculations and basin typical sections),outlet
structure details,and culvert capacity calculations.The plan must also locate and provide
easements foradequate drainage ways withinthe 1727 KENYON 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 sizingcalculations,and stormwater maintenance plan.Landowner recognizes the
City may require such Stormwater Master Plan to be implemented inallor part as a condition of
approval of development of the 1727 KENYON DRIVE ANNEXATION.
10.Waiver of Right-to-Protest Special Districts
A.Landowner shall execute a Waiver of Right-to-Protest Creation of Special
Improvement Districtsor Special Districtsforstreetand transportation improvements including
design and engineering,paving and subsurface improvements,curb and gutter,sidewalk,
stormwater drainage facilitiesfora)KENYON DRIVE between Josephine and O'Connell Drive.The
Landowner agrees such SID or specialdistrictswillprovide a mechanism forthe fairand equitable
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assessment of construction and maintenance costs for such improvements.The waiver is
attached hereto as Exhibit"A"and ishereby incorporated inand made a part ofthisAgreement.
B.Landowner shallexecute a Waiver of Right-to-ProtestCreation of Special Improvement
Districtsor Special Districtsfor Intersection improvements including lighting,signalization/
channelization,paving,curb/gutter,sidewalk,and storm drainage at a)Highland Boulevard and
West Kagy Boulevard and b)Church Street/Sourdough Road and West Kagy Boulevard.The
Landowner agrees such SID orspecial districtswillprovide a mechanism forthe fairand equitable
assessment of construction and maintenance costs for such improvements.The waiver is
attached hereto as Exhibit"A"and ishereby incorporated inand made a partof thisAgreement.
C.Landowner agrees thatinthe event an SID isnot utilizedforthe completion ofthese
improvements as described in subsections 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,trafficcontribution from the development or a combination
thereof.
11.Impact Fees
Landowner acknowledges that annexation and development of theirproperty willimpact
the City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved
by the City,the Landowner and itssuccessors must pay:
A)Fireimpact fees equalto the amount per Chpt.2,Art.6.Div.9 BMC,oras amended,
attime of issuance of a buildingpermit.
B)Transportation impact fees equal to the amount per Chpt.2,Art.6.Div.9 BMC,or
as amended,attime of issuance of a buildingpermit.
C)Water impact fees as required by Chpt.2,Art.6.Div.9 BMC,or as amended,atthe
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time of connection to citywater services.
D)Sewer impact fees as required by Chpt.2,Art.6.Div.9 BMC,or as amended,atthe
time of connection to citysewer services.
The amount of impact fee the Landowner or itssuccessors pay forconnection to the city's
water and sewer services,ifany,shall be calculated based on the provisions of the Bozeman
Municipal Code,as amended,in effectat the time of application for a permit to connect.The
amount of streetorfireimpact fees to be paid,ifany,shallbe calculated based on the provisions
of the Bozeman Municipal Code,as amended,in effectat the time an application for building
permit issubmitted.
Landowner furtherunderstands and agrees that any improvements,eitheron-site or off-
site,necessary to provide connection of the 1727 KENYON DRIVE ANNEXATION municipal
services and which are wholly attributableto the property as determined exclusivelyby the city
are considered "project related improvements"as defined in Chapter 2,Article6,Division 9,
Bozeman Municipal Code,as amended,and as such,are not eligiblefor impact fee credits.
IfLandowner defaults on this condition at the time such isto be performed,and should
default not be remedied or corrected within thirty(30)days afterwritten notice by City to the
Landowner and Landowner/Developer of such default,City may at itsoption:
A)Declare the amounts owing for impact fees immediately due and payable
and City shall have the rightand privilegeto take legal action against
Landowners for the collection of such sum,including the entry of any
judgment.Inaddition,the City may,at itsoption,enforce payment of such
amount by levyingan assessment on the property.
B)Elect any other remedy available to City under the laws of the State of
Montana.
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12.Charges and Assessments
Landowner understands and agrees that afterthisAgreement isrecorded the 1727
KENYON DRIVE ANNEXATION willbe subject to Citycharges and assessments forarterialand
collectorstreets,streetmaintenance,and tree maintenance on the same basis as allother
propertiesinthe City.
13.Additional Terms
The parties recognize these documents must be filedand of record with the Gallatin
County Clerk and Recorder prior to the sale of any land within the 1727 KENYON DRIVE
ANNEXATION.The partiesfurtheragree that the City may filethese documents at any time.
14.Governing Law and Venue
This agreement shallbe construed under and governed by the laws ofthe stateof Montana.
Inthe event of litigation,venue is in the Eighteenth JudicialDistrictCourt,in and for County of
Gallatin,State of Montana.
15.Attorney's Fees
Inthe event itbecomes necessary for eitherparty to thisAgreement to retainan attorney
to enforce any of the terms or conditions of thisAgreement,then the prevailingparty shall be
entitledto reasonable attorney's fees and costs,to include the salary and costs of in-house
counsel including CityAttorney.
16.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 thissame or any other term,covenant
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or agreement.No covenant,term or agreement shall be deemed waived by eitherparty unless
waived inwriting.
17.InvalidProvision
The invalidityor unenforceability of any provision of this agreement shall not affectthe
other provisions hereof,and thisAgreement shallbe construed inallrespects as ifsuch invalidor
unenforceable provisionwere omitted.
18.Modifications or Alterations
No modifications or amendment of thisAgreement shall be validunless evidenced by a
writingsigned by the partieshereto.
19.No Assignment
Itisexpressly agreed that the Landowner and/or Landowner/Developer shall not assign
thisAgreement inwhole or inpartwithout priorwrittenconsent ofthe City.
20.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 specificallyto any
subsequent purchaser of the annexed property.
21.Covenants to Run with the Land
The partiesintend that the terms of thisAgreement shallbenefitthe 1727 KENYON DRIVE
ANNEXATION and shallbe covenants running with the land and shallnot expireattheirdeaths or
upon transferof ownership of the property.
The undersigned Landowner affirms that they have authorityto enter intothisAgreement
and to bind themselves to thisAgreement.
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IN WITNESS WHEREOF,the partieshereto have caused thisagreement to be executed the day
and year firstabove written.
DATED this day of ,25.
LANDO
Ha tan e
STATE OF HM )
:ss
COUNTY OF C*)
On this fr day of DCoeAcr ,2025,before me,the undersigned,a Notary Public
forthe State of A0^W^^,personally appeared Hal Stanley and acknowledged this
record.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialseal the day
and year firstabove written.
(SEAL)
(PrintedName Here)
AIDAR HAYNES Notary Public forthe State of Med"*
o fortheNotato ontana Residing at Bozemm et
*SËÃ *Residingat:My Commission Expires:A'K°M
L sozeman,Montana
o My CommissionExpires:(USe 4 digitsforexpirationyear)
May 8,2027
1727 KENYON DRIVE ANNEXATION Agreement 12
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CITY OF BOZEMAN
By:Chuck Winn,City Manager
Mike Maas,City Clerk o
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this f day of fekua†,202/$,before me,a Notary Public forthe state
of Montana,personally appeared Ghuck Winn and Mike Maas,known to me to the persons
described inand who executed the foregoing instrument as CityManager and City Clerk
respectively,ofthe Cityof Bozeman,whose names are subscribed to the within instrument and
acknowledged to me that they executed the same forand on behalf of said City.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day and
year firstabove written.
(SEAL)
(PrintedName Here)
Notary Pub 'cfort tate of Montana
''""',,MICHELLE CHAPEL Residing at
NotaryPublic
soTA fortheStateofMontana My Commiss n E ires:
*n.SEAL Boze ,o tana (Use 4 digi forexpirationyear)
't,My commissionExpires:
April21,2029
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EXHIBIT "A"
WAlVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
1727 KENYON DRIVE AVENUE ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,State of
Montana,and more particularlydescribed as follows:
A portion of Lot C of Aldworth's Rearrangement (PlatJ-287),located inthe east halfof the
southeast one-quarter of Section 18,Township 2 South,Range 5 East,P.M.M.City of Bozeman,
GallatinCounty,Montana.More particularlydescribed as follows;
Beginning at an R.W.Allen Aluminum Cap (AC)inthe Northwest corner of Tract C of
Aldworth's Rearrangement (PlatJ-287);
thence S 28°40'25"E a distance of 154.74 feetto an R.W.Allen AC;
thence S 03°40'38"W a distance of 219.43 feetto a nailand washer;
thence N 52°35'00"E a distance of 135.14 feetto a 1"Swart Nickel Plated cap;
thence N 52°36'21"E a distance of 173.62 feetto a 1"Swart Nickel Plated cap;
thence N 64°14'53"W a distance of 107.22 feet along the property boundary common to
Lot 2 of Graf's FirstSub-Division,to a calculated position;
thence continuing along the linecommon to Graf's FirstSub-Division,N 65°23'31"W,a
distance of 142.83 feetto a calculated position;
thence N 28°38'42"W a distance of 92.18 feet to a calculated position;
thence leavingGraf'sFirstSub-Division,S 60°25'40"W a Distance of 40.04 feetto the
Point Of Beginning,containing 0.903 Acres,more or less.
IN CONSIDERATION of receivingapproval forannexation of the subject property from the
City of Bozeman,along with accompanying rightsand privilegesand for other and valuable
consideration,the receipt of which is hereby acknowledged,and in recognition of the
transportation impacts to 1727 KENYON DRIVE for street and transportation improvements
including design and engineering,paving and subsurface improvements,curb and gutter,
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sidewalk,stormwater drainage facilitiesfora)KENYON DRIVE between Josephine and O'Connell
Drive.
And,IN CONSIDERATION of receivingapprovalfor annexation ofthe subject property from
the City of Bozeman,along with accompanying rightsand privilegesand forother and valuable
consideration,the receipt of which is hereby acknowledged,and in recognition of the
transportation impacts to 1727 KENYON DRIVE for Intersectionimprovements includinglighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage at a)Highland
Boulevard and West Kagy Boulevard and b)Church Street/Sourdough Road and West Kagy
Boulevard.
Landowner agrees the City has the sole rightto controlthe design and construction of such
improvements and may include any of the above components and others necessary to ensure
such improvements comply with alladopted City infrastructureplans and requirements.Further,
the Landowner waives itsrightor to make any written protest against the size or area or creation
of the districtbe assessed in response to a duly passed resolutionof intentionto create one or
more special improvement districtswhich would include the above-described property.
Inthe event a SID isnot utilizedforthe completion of these improvements,the developer
agrees to participateinan alternatefinancing method forthe completion of said improvements
on a fairshare,proportionate basis as determined by the Cityon the basis of the square footage
of property,taxable valuation of the property,trafficcontribution from the development or a
combination thereof.
This waiver ismade for the benefitof the property described herein shall be a covenant
running with the land.
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The terms,covenants and provisions of thiswaiver shallextend to,and be binding upon
the successors-in-interestand assigns of the Landowner.
DATED this y of 2025.
LANDOWNER
H Stan ey
STATE OF Me )
:ss
COUNTY OF G u
On this l day of DeceAce ,2025,before me,the undersigned,a Notary Public
forthe State of h¼^*,personally appeared Hal Stanley and acknowledged this
record.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialseal the day
and year firstabove written.
(SEAL)
(PrintedName Here)
AIDAR HAYNEs Notary Public forthe State of M÷~
o ":forthe at o ontana Residing at SoPser-3
Residingat:My Commission Expires:8
Bozeman,Montana
My commissionexpires:(Use 4 digitsforexpirationyear)
May 8,2027
1727 KENYON DRIVE ANNEXATION Agreement 16