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HomeMy WebLinkAbout26 - Annexation & Lot Mergers - Emil Anderson - Hanson Lane Annexation Application 257752879214 semÎa -caÎÎatÎn²²nT ,HT19M Fee 0.00 unnamanuninnunusumman CityClerk PO Box 1230 Bozeman,MT 549771-1230 HANSON LANE ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and entered into this (a day of f0 ,2026,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 officesat 121 N.Rouse Avenue,Bozeman,Montana 59771-0640,hereinafter referredto as "City",and Emil Anderson,90 Moss Bridge Road,Bozeman MT 59718,hereinafter referredto as "Landowner".The effectivedateof thisAgreement shallbe the dateupon which the Bozeman City Commission adopts a resolutioncreatingthe Hanson Lane Annexation and authorizingexecutionof thisAgreement. W IT N E S S E T H : WHEREAS,Landowner is owner in fee of a tractof certainrealproperty,hereinafter referredto as the HANSON LANE ANNEXATION situatedin GallatinCounty,Montana,and more particularlydescribedas follows: An areaof land describedas follows: Hanson Lane Annexation Agreement,Application#25775 1 2879214 Page 2 of 14 06/12/2026 01:15:19 PM A TRACT OF LAND IN THE E½SE¼OF SECTION 3,AND THE W½W½SW¼OF SECTION 2,TOWNSHIP 2 SOUTH,RANGE 5 EAST,M.P.M.,GALLATIN COUNTY,MONTANA,AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTION 2,3,10,AND 11 THENCE NORTH 01°36'27"EAST ALONG THE EAST LINE OF SECTION 3,A DISTANCE OF 594.83 FEET;THENCE NORTH 89°38'43"WEST,ALONG THE NORTH LINE OF THE PROPERTY DESCRIBED IN 10 FILM 134 OF DEED RECORDS,FILED WITH THE COUNTY CLERK AND RECORDER,GALLATIN COUNTY,MONTANA,A DISTANCE OF 286.86 FEET;THENCE NORTH 01°26'21"WEST,A DISTANCE OF 731.02 FEET;THENCE SOUTH 89°23'54"EAST, A DISTANCE OF 325.72 FEET TO THE SECTION LINE COMMON TO SECTIONS 2 AND 3;THENCE NORTH 89°44'00"EAST A DISTANCE OF 165.00 FEET; THENCE SOUTH 1°36'27"WEST PARALLEL TO THE WEST LINE OF SECTION 2, A DISTANCE OF 1,324.38 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE SOUTH 89°46'00"WEST ALONG SAID SOUTH LINE,A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING,ACCORDING TO SURVEY RECORDED IN FILM 13,PAGE 166. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BOZEMAN BY QUIT CLAIM DEED RECORDED OCTOBER 25,2005,AS DOCUMENT NO.2207022,RECORDS OF GALLATIN COUNTY,MONTANA. All as depictedon theHanson Lane Annexation Map. WHEREAS,the Landowner petitionedthe City for annexation to the City of the HANSON LANE ANNEXATION;and WHEREAS,the HANSON LANE ANNEXATION isnot within the corporatelimitsof the City or other municipalityand may thereforebe annexed to the City in accordance with the provisionsof thisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and WHEREAS,the parties recognize the annexation of the HANSON LANE ANNEXATION pursuant to Section7-2-4601,etseq.,Mont.Code Ann.willallow the HANSON LANE ANNEXATION to connect to and utilizeCity services,includingbut not limitedto the municipal water and sewer service,parks and recreation,fireand policeservices,and the City's transportationsystem;and Hanson Lane Annexation Agreement,Application#25775 2 2879214 Page 3 of 14 06/12/2026 01:15:19 PM WHEREAS,Section 7-2-4610,Mont.Code Ann.provides that a municipality and landowner can agree to theprovisionsof servicestothe areatobe annexed;and WHEREAS,thepartiesrecognizedevelopment on theHANSON LANE ANNEXATION will impact area parks,recreation,transportation,police,and fire services,and that future development may require additional public infrastructure,including but not limited to transportation,capacityformunicipal water and sewer services,parks,recreation,police,and fire services;and WHEREAS,the Landowner findsthisAgreement willprovide forthe most satisfactory and dependable water supply and sewer supply or service,and provide transportation,parks, recreation,policeand fireservice,and othermunicipal servicesfordevelopment of the HANSON LANE ANNEXATION;and WHEREAS,the partieshave determined thatitis in the best interestsof the City and Landowner,and infurtheranceof thepublic health,safetyand welfareof the community to enter intoand implement thisAgreement. WITNESSETH: IN CONSIDERATION of the mutual covenants and agreements herein contained,the partiesheretoagree as follows: 1.Recitals The above recitalsaretrueand correctand arehereby incorporatedintothisAgreement. 2.Annexation The Landowner filed an application for annexation of the HANSON LANE ANNEXATION with the City on January 30,2026.By execution of thisAgreement,the City manifestsitsintentto annex theHANSON LANE ANNEXATION tractpursuanttothe terms and Hanson Lane Annexation Agreement,Application#25775 3 2879214 Page 4 of 14 06/12/2026 01:15:19 PM conditionsof thisAgreement.Subjectto theprovisionsof Title7,Chapter 2,Part46,Mont.Code Ann.the City shall,upon execution of thisAgreement,adopt a Resolution of Annexation of the HANSON LANE ANNEXATION.Further,upon theexecutionof thisAgreement,theLandowner shalldo allthingsrequiredby thisAgreement and allthingsnecessaryand proper toaidand assist the City in carryingout the terms,conditionsand provisionsof thisAgreement and to effectthe annexation of theHANSON LANE ANNEXATION. 3.Services Provided The City will,upon annexation,make availableto the HANSON LANE ANNEXATION existingCity servicesonly tothe extentcurrentlyavailable,or as provided inthisAgreement. 4.Municipal Water Service Defined The term "municipalwater service"asused inthisagreement isthe servicesuppliedby the City in accordance with Chapter 40,Article2,Bozeman Municipal Code,as amended,as well as any otherterms and conditionswhich apply tothe City'sprovisionof municipal water service,but does not includethe extensionof linesor constructionof necessary improvements atany costto the City fordeliveryof water to and within the HANSON LANE 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 HANSON LANE ANNEXATION including,but not limited to,any impact fees,hook-up,connection,private reimbursement,or development charges which have been or may be establishedby theCity. 5.Municipal Sewer Service Defined The term "municipal sewer service"as used in thisAgreement isthe servicesuppliedby the City in accordance with Chapter 40,Article3,Bozeman Municipal Code,as amended,aswell as any otherterms and conditionswhich apply totheCity'sprovisionof thisservice,but does not Hanson Lane Annexation Agreement,Application#25775 4 2879214 Page 5 of 14 06/12/2026 01:15:19 PM include the extensionof linesor constructionof necessary improvements at any costto the City for collectionof sewage at and within the HANSON LANE ANNEXATION.Nothing in this Agreement shallobligatethe City to pay forright-of-wayacquisition,engineering,construction, and other costs for the collectionof sewage services to or within the HANSON LANE ANNEXATION including,but not limited to,any impact fees,hookup,connection,or development charges which may be establishedby the City. 6.Water Rights The Landowner specificallyrecognizesand agrees the Landowner must satisfythe City's water adequacy code upon furtherdevelopment or subdivisionof thepropertyin accordance with Section 38.410.110,Bozeman Municipal Code.The City willcalculatethe totalamount of water thatmust be offsetin accordance with 38.410.110 BMC at the time of furtherdevelopment or subdivisionof the property.The Landowner must transferany usefulwater rightsthatexistforthe propertyto the City priorto development. The City has determined thatthe following water rightsthat existfor thisproperty are usefulforthe City and must be transferredtothe Cityupon furtherdevelopment or subdivisionof theproperty: NONE. The amount of thecalculateddemand offsetby thetransferoftheseusefulwater rightswill be determined by the City at the time of futuredevelopment.Ifthe calculateddemand is not completely offsetby the transferof these useful water rights,the Landowner must offsetthe remaining calculateddemand in accordance with 38.410.110 BMC priorto development.Ifcash in lieuof water rightsare used to offsetany portion of the calculateddemand,the Landowner Hanson Lane Annexation Agreement,Application#25775 5 2879214 Page 6 of 14 06/12/2026 01:15:19 PM acknowledges thatthe ratesforcash in-lieuof water rightsmay increaseover time as established by Resolution or otheractionof theCity Commission. 7.Water and Sewer Connections Landowner understands and agrees that any future development on the property will requireconnection to City water and sewer utilities.Water and sewer servicesmust be constructed in accordance with design and specificationsapproved by the City priorto the installationof the water and sewer lines.Landowner must contactthe City Water and Sewer Divisionand Building Division to obtain detailsof constructionrequirements.The cost of allconnections to the City water and sewer utilitiesshallbe borne by the Landowner. 8.Comprehensive Water and Water Design Report Priorto futuredevelopment of the property the City may requirethe Landowner to have prepared by a ProfessionalEngineer,atLandowner's soleexpense,a comprehensive design report evaluatingexistingcapacityof sewer and water utilitiesin the area.The reportmust include hydraulicevaluationsof each utilityforboth existingand post-development demands,and the reportfindingsmust demonstrate adequate capacityto servethe fulldevelopment of the land.If adequate infrastructurecapacityisnot availablefor the proposed development,the reportmust identifywater or wastewater system improvements necessary forthe proposed development.If improvements to thiswater or wastewater system are necessary,the Landowner agrees priorto development of the HANSON LANE ANNEXATION to complete,atLandowner's expense,the necessarysystem improvements to servetheproposed development. 9.Future Development Limitations The Landowner shallbe responsiblefor installingallfacilitiesrequiredto provide full municipal servicesto theproperty inaccordance with the City'sInfrastructureIssuePlans and all Hanson Lane Annexation Agreement,Application#25775 6 2879214 Page 7 of 14 06/12/2026 01:15:19 PM City regulations,policiesand guidelines that may be in effect at the time of any future development.Landowner understands and agrees Landowner has no right,eithergranted or implied,foritto furtherdevelop any of the HANSON LANE ANNEXATION untilitisverified by the City thatthe necessary municipal services,includingbut not limitedto policeand fire protection,parks and recreation,transportation,and sewer and water capacity,areavailableto all or the relevant portion of the HANSON LANE ANNEXATION to serve the proposed development.Notice ishereby provided tothe Landowner thatpriorto additionaldevelopment of theproperty,theLandowner willbe solelyresponsibleforinstalling,atLandowner's soleexpense, any facilitiesor infrastructurerequiredtoprovide fullmunicipal servicestotheHANSON LANE ANNEXATION inaccordance with the City'sinfrastructureplans,adopted landuse plan ,and all othercityregulations,policiesand guidelinesthatmay be in effectatthe time of development. 10.Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the HANSON LANE ANNEXATION for a system designed to remove solids,oils,grease,and otherpollutantsfrom the runoff from publicstreetsand other impermeable surfacesmay be requiredto be provided to and approved by the City atthetime of any futuredevelopment.The plan must demonstrate that adequate treatmentof runoff from public streets,otherimpermeable surfaces,and allfuturelots willbe achieved by providing spot elevations,flow directionarrows,detentionand/or retention basin details(includingbasin sizing calculationsand basin typicalsections),outletstructure details,and culvertcapacitycalculations.The plan must also locateand provide easements for adequate drainageways within the HANSON LANE ANNEXATION and ifnecessary outsideof the HANSON LANE ANNEXATION to transporttreatedrunoff to the stormwater receiving channel.The plan shall include sitegrading and elevationinformation,typical stormwater Hanson Lane Annexation Agreement,Application#25775 7 2879214 Page 8 of 14 06/12/2026 01:15:19 PM detention/retentionbasin and dischargestructuredetails,basinsizingcalculations,and stormwater maintenance plan.Landowner recognizestheCity may requiresuch Stormwater Master Plan to be implemented intotalor inpartas a conditionof approval of development of theHANSON LANE ANNEXATION. 11.Public Streetand UtilityEasement Upon approval of both parties,the Landowner understands and agrees to execute the Purchase Agreement with the City forthe Fowler Avenue and Annie Streetrights-of-way. The Fowler Avenue right-of-waywillrun north-southalong theentireeasternpropertyline from Durston Road on the south to the northernpropertylineof the Hanson Lane property.The Annie Streetright-of-waywillrun east-westacrossthenorthernportionof the property from the existingAnnie Streetdead-end on the easternpropertylineto the existingAnnie Streetdead-end on the western propertylineof theHanson Lane property. 12.Impact Fees Landowner acknowledges thatannexation and development of theirpropertywillimpact the City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved by the City,theLandowner and itssuccessorsmust pay the feecalculatedbased on the provisions of the Bozeman Municipal Code,as amended,in effectat the time of applicationfor a permit to connect to water or sewer serviceor issuanceof a buildingpermit: A)Fire impact fees equal to the amount per Chpt.2,Art.6.Div.9 BMC,or as amended,attime of issuanceof a buildingpermit. B)Transportationimpact fees equal to the amount per Chpt.2,Art.6.Div.9 BMC, or as amended,attime of issuanceof a buildingpermit. C)Water impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,at the time of connection to citywater services. D)Sewer impact fees as requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,at the time of connection to citysewer services. Hanson Lane Annexation Agreement,Application#25775 8 2879214 Page 9 of 14 06/12/2026 01:15:19 PM Landowner furtherunderstands and agrees thatany improvements,eitheron-siteor off- site,necessarytoprovide connection of theHANSON LANE ANNEXATION municipal services and which are wholly attributableto the property as determined exclusivelyby the City are considered"projectrelatedimprovements"asdefinedinChapter 2,Article6,Division9,Bozeman Municipal Code,as amended,and as such,arenot eligibleforimpact fee credits. IfLandowner defaultson thisconditionat the time such isto be performed,and should defaultnot be remedied or correctedwithin thirty(30)days afterwrittennoticeby City to the Landowner and Landowner/Developer of such default,the City may,atitsoption: A)Declare the amounts owing for impact fees immediately due and payable and City shallhave the right and privilegeto take legalaction against Landowners for the collectionof such sum,including the entry of any judgment.In addition,the City may,atitsoption,enforcepayment of such amount by levyingan assessment on the property. B)Elect any other remedy availableto City under the laws of the State of Montana. 13.Charges and Assessments Landowner understandsand agreesthatafterthisAgreement isrecordedtheHANSON LANE ANNEXATION willbe subjectto City assessmentsforarterialand collectorstreets, streetmaintenance,and treemaintenance on the same basisas allotherpropertiesin the City. 14.Additional Terms The partiesrecognizethesedocuments must be filedand of recordwith theGallatinCounty Clerk and Recorder priorto the saleof any land within the HANSON LANE ANNEXATION. The partiesfurtheragree thattheCity may filethesedocuments atany time. Hanson Lane Annexation Agreement,Application#25775 9 2879214 Page 10 of 14 06/12/2026 01:15:19 PM 15.Governing Law and Venue This agreement shallbe construedunder and governed by the laws oftheStateof Montana. In the event of litigation,venue isin the Eighteenth JudicialDistrictCourt,in and for County of Gallatin,Stateof Montana. 16.Attorney's Fees In the event itbecomes necessary foreitherparty to thisAgreement to retainan attorney to enforce any of the terms or conditionsof thisAgreement or to give any noticerequiredherein, then the prevailingparty or the party giving noticeshallbe entitledto reasonable attorney'sfees and costs,includingfees,salaryand costsof in-house counsel includingCity Attorney. 17.Waiver A waiver by eitherpartyof any defaultorbreach by theotherpartyof any term orcondition of thisAgreement does not limitthe otherparty'srightto enforce such term or conditionor to pursue any availablelegalor equitablerightsin theevent of any subsequent defaultorbreach.No covenant,term or agreement shallbe deemed waived by eitherpartyunlesswaived inwriting. 18.Invalid Provision The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe otherprovisionshereof,and thisAgreement shallbe construed inallrespectsas ifsuch invalidor unenforceableprovisionwere omitted. 19.Modifications or Alterations No modificationsor amendment of thisAgreement arevalidunlessevidenced by a writing signedby thepartieshereto. Hanson Lane Annexation Agreement,Application#25775 10 2879214 Page 11 of 14 06/12/2026 01:15:19 PM 20.No Assignment Itisexpresslyagreed thatthe Landowner shallnot assignthisAgreement inwhole or in partwithout priorwrittenconsent of the City. 21.Successors This Agreement shallbe binding upon,inureto the benefitof and be enforceableby the partiesheretoand theirrespectiveheirs,successorsand assignsand specificallyto any subsequent purchaserof theannexed property. 22.Covenants to Run with the Land The partiesintend thatthe terms of thisAgreement shallbenefitthe HANSON LANE ANNEXATION and shallbe covenants running with the land and shallnot expireattheirdeaths or upon transferof ownership of theproperty. The undersigned affirmsthatthey have authorityto enterintothisAgreement and to bind Landowner to thisAgreement. Hanson Lane Annexation Agreement,Application#25775 11 2879214 Page 12 of 14 06/12/2026 01:15:19 PM IN WITNESS WHEREOF,thepartiesheretohave caused thisagreement tobe executed the day and year firstabove written. DATED this 2.(.,day of thee ,2026. LANDOWNER By:Endl Anderson STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this 2 o day of ,2026,before me,theundersigned,a Notary Public forthe Stateof Montana,p onallyappeared Emil Anderson known to me tobe the landowner thatexecuted thisAgreement and acknowledged thisrecord. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (SEAL) (PrintedName re) ryP b ortheStaofMontan Notary Public forthe Stateof Montaa9 --.,w ResidingatBeeman,Montana Residing at haeuse n My inm lon x es My Commission Expires:g ot 9 (Use 4 digitsforexpirationyear) Hanson Lane Annexation Agreement,Application#25775 12 2879214 Page 13 of 14 06/12/2026 01:15:19 PM CITY OF BOZEMAN By:Chuck Winn,City Manager ATTEST:. Witte/ufqgCityClerk 25 STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this /o day of e4m-,2026,beforeme,a Notary Public forthe stateof Montana,personallyappeare Chuck Winn and Mike Maas,known to me to thepersons describedin and who executed the foregoing instrumentas City Manager and City Clerk respectively, of the City of Bozeman,whose names aresubscribedto the within instrumentand acknowledged tome thatthey executed the same forand on behalfof saidCity. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (SEAL) (PrintedName Here) Notary Pu icforthe Stateof Montana MICHELLE CHAPEL esg at ,Notarypublic My Commis o xpires: °-fortheStateofMontana (Use 4 digis forexpirationyear)Residingat:SEAL sozeman,Montana ,o My CommissionExpires: April21,2029 Hanson Lane Annexation Agreement,Application#25775 13 2879214 Page 14 of 14 06/12/2026 01:15:19 PM Hanson Lane Annexation Agreement,Application#25775 14