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HomeMy WebLinkAbout2293498 Q7.,eT1'` +r ,Ly (_�erk �� I7 M T 5 9 r /l-,1 230 COMMISSION RESOLUTION NO. 4010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND TO SAID CITY,KNOWN AS"TRACTS GL-2 & GL-3,LOCATED IN THE NORTHWEST QUARTER OF SECTION 31,T1 S, R6E; AND TRACT GL-3 OF CERTIFICATE OF SURVEY NO. 12,LOCATED IN THE SOUTHERN HALF OF THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E, PMM, GALLATIN COUNTRY, MONTANA"AND HEREIN MORE PARTICULULARLY DESCRIBED. WHEREAS,the City of Bozeman received a request for annexation from Montana Fish,Wildlife,& Parks, 1400 S. 19'h Avenue, Bozeman,MT 59718,and City of Bozeman, 3 l 1 E Main Street,Bozeman MT 59715,owners of the tracts of land,requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land legally described as Tracts GL-2&GL-3,located in the northwest quarter of Section 31, T1 S, R6E, PMM; and Tract GL-3 of Certificate of Survey No. 12, located in the southern half of the northwest quarter of Section 31,T1 S,R6E,PMM,Gallatin County, State of Montana; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on March 5, 2007; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City's annexation policy and held on March 5, 2007; and WHEREAS,on March 5,2007,the Commission authorized and directed staff,upon satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement and other 22 1 of 16 ll lull lllli ill lllli ii 1111 03l06l2008 01 06P Charlotte Mills-Gallatin Co MTMI5C 112.00 documents to proceed with the annexation of the privately held portion of these tracts in accordance with terms and conditions approved by the Commission; and WHEREAS, on March 5, 2007, the Commission authorized and directed staff to prepare the necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements,water rights or cash in lieu, waivers of protest against creation of SID's and impact fees to said contiguous tract is the subject of a written agreement between the City of Bozeman and Montana Fish, Wildlife, & Parks, record owner of the tract; and WHEREAS,said contiguous tract is the subject of a certificate of survey,filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS,the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following- described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified so as to embrace and include such 81.95 acres of land,to wit,and as further described on Exhibit A,attached hereto: A 81.95 acre Tracts GL-2&GL-3, located in the northwest quarter of Section 31,T1 S, R6E;and Tract GL-3 of Certificate of Survey No.12, located in the southern half of the northwest quarter of Section 31, T1 S, R6E, PMM, located north of Griffin Drive between Manley Road and North Rouse Avenue, Gallatin County, Montana; and Section 2 The effective date of this annexation is January 8, 2008, 2 I�IIII I�I�!IIIII III IIIIIIII����li�ll III IIII�IIII III 229 of 16 3498P Charlotte Mills-Gallatin Co MTMISC 112.00 Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated January 8, 2008, by and between the City of Bozeman and Montana Fish, Wildlife, & Parks; and the extension of services plan prepared for the portion owned by the City of Bozeman. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of January 2008. KAAREN JACOB N Mayor ATTEST: t� a ST & EN City Clerk APPROVED AS TO FORM: r, PAUL J.'"It City Attorney page: 3 2293f )G 1111111111111111111111111111111111111111111111111111111 Charlotte Mills-Gallatin Co MTMISC 112.00 - 3 - Illllllll III IIIII Ills Iffliill Illil lillllllllllllllllllf Page f 16 Charlotte Mills-Gallatin Co MTMISC 112.00 Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street EAST GALLATIN RECREATION AREA ANNEXATION AGREEJEMENT THIS AGREEMENT is made and entered into this day of t1 a 2002 by and between the CITY OF BOZEMAN, a municipal corporation and political subdi ision of the State of Montana, with offices at 411 East Main Street,Bozeman, Montana, and mailing address at P.O. Box 1230,Bozeman,Montana,59771-1230,hereinafter referred to as"City,"and Montana Fish,Wildlife, & Parks, 1400 South 19th Avenue, Bozeman, MT 59718,hereinafter referred to as"Landowner." ITNISSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the "FAST GALLATIN RECREATION AREA ANNEXATION," situated in Gallatin County, Montana,and more particularly described as follows: Tracts GL-2 & GL-3, located in the northwest quarter of Section 31,T1S,R6E, PMM, Gallatin County, Montana. WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; and WHEREAS, the EAST GALLATIN RECREATION AREA ANNEXATION is not within the corporate limits of the City of Bozeman or other municipality but is contiguous to the City and ma)- therefore be annexed to the City in accordance with the provisions of this Agreement and MCA Title 7, Chapter 2, Part 46; and WHEREAS,all parties recognize that the annexation of the FAST GALLATIN RECREATION AREA ANNEXATION pursuant to Section 7-2-4601,et seq.,MCA,will entitle the said property to City services, including municipal water and sewer service,upon their availability;and WHEREAS,MCA Section 7-2-4610 provides that a municipality and landowner can agree to the provision of services to the area to be annexed;and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and East Gallatin Recreation Area Annexation:agreement: Page 1 of 10 WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the EAST GALLATIN RECREATION AREA ANNEXATION;and WHEREAS, all parties recognize that further development of the EAST GALLATIN RECREATION AREA ANNEXATION will impact Manley Road,and will not require additional public street improvements;and WHEREAS,the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the EAST GALLATIN RECREATION AREA ANNEXATION;and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge;and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto;and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner,and in furtherance of the public health,safety,and welfare of the community to enter into and implement this Agreement. 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 EAST GALLATIN RECREATION AREA ANNEXATION with the City on December 18,2006. By execution of this Agreement,the City has manifested its intention to annex the subject property pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7,Chapter 2,Part 46,the City shall,upon execution of this Agreement, adopt a Resolution of Annexation of the EAST GALLATIN RECREATION AREA ANNEXATION to the City. Further,upon the execution of this Agreement,the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions, and provisions of this Agreement and effectuate the annexation of the EAST GALLATIN RECREATION ANNEXATION tracts to the City. IIIIIIIIIIIIIIII IIII�IIIII�I IIIII illll Ill�IIII III IIII Page: 5 of 16 2293498P Charlotte Mills-Gallatin Cc MTMISC 112.00 East Gallatin Recreation Area Annexation Agreement: Page 2 of 10 3. Services Provided The City will,upon annexation,make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the EAST GALLATIN RECREATION AREA ANNEXATION, 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 13.12, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City- for delivery of water to and within the EAST GALLATIN RECREATION AREA 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 EAST GAL,LATIN RECREATION AREA ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. Upon availability of service, any existing residences/businesses on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 5. Municipal Sewer Service Defined ,Fhe term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the EAST GALLATIN RECREATION AREA 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 EAST GALLATIN RECREATION AREA ANNEXATION to include, but not limited to, any impact fees, hookup,connection,or development charges which may be established by the City.Upon availability of service,any existing residences/businesses on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and II�III I�II�III�I IIII IIIIIII �Illi�IIII III�IIII III III 2293498P Charlotte Mills-Gallatin Co MTMISC 112.00 East Gallatin Recreation Area Annexation agreement: Page 3 of 10 IIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIII Page 7 229349 F 16 IIIIIIIII�IIIIIIIIIIII03106/200 S 01.06P Charlotte Mills-Gallatin Co MTMISC 112.00 certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 6. Water Rights The parties acknowledge the following City policy: Prior to annexation of property,it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed.The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except,however, that for any annexation in excess of ten (10) acres, this policy shall be carried out prior to final plat approval of each development phase. -Section 2,No. 5,Commission Resolution 3907,Adopted August 24,2006 The FAST GALLATIN RECREATION AREA ANNEXATION consists of approximately 81.95 acres. The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: EAST GAIJATIN RECREA"PION AREA ANNEXATION, consisting of a total of 81.95 acres, shall provide water rights or cash-in-lieu prior to final subdivision plat approval,final site plan approval,or issuance of building permits,whichever comes first. The Landowner shall provide sufficient cash-in-lieu as calculated by the City Engineer in accordance with its policy at the time of calculation.The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the rime such calculation is made. 7. Comprehensive Water and Sewer Design Report The applicant is advised that substantial limitations for growth exist in the wastewater collection system for this property,which will need to be addressed in conjunction with development of the parcel. Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further East Gallatin Recreation Area Annexation Agreement: Page 4 of 10 development of the site. 8. Future Development and/or Subdivision Landowner understands and agrees that there is no right,either granted or implied by the City, for the Landowner to develop any of the EAST GALL.ATIN RECREA'I'ION AREA ANNEXATION until It is verified by the City that necessary municipal services,including but not limited to police and fire protection, are available to all or a portion of the EAST GAL.L.ATIN RECREATION AREA ANNEXATION. The Landowner is hereby on notice of the following requirements upon further development or subdivision of the EAST GAI.I.ATIN RECREATION AREA ANNEXATION: a) Prior to future development,the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. b) The existing structures shall be connected to municipal water and sewer upon further development of the property or once instructed by the City of Bozeman. 9. Existing Non-Conforming Uses The Landowner understands and agrees that whenever a lawful nonconforming use of a building, structure, or land is discontinued for a period of 90 days, any future use of the building, structure,or land shall be in conformity with the provisions of this tide. 10. Impact Fees Landowners) hereby acknowledge that annexation and development of their property will impact the City's existing street,water,and sewer infrastructure,and fire service capacities. At the time of connection to the City's water and sewer facilities,the landowners shall pay all applicable water and sewer impact fees.The applicants should be made aware that at the time of any further development on the properties, the land owners and their successors shall pay all additional impact fees required by Chapter 3.24,Bozeman Municipal Code. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of the EAST GALLATIN RECREATION AREA ANNEXATION tract to municipal services which are wholly attributable to the property are"project related improvements"as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowner shall default 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 Landowner of such default,City may at their option: I Il�ll�IIII��IIII�f� III ���I I��I�IIIII III 11111 ICI!III 229349sP Charlotte lulls-Gallatin Ca MTMISC 112.00 East Gallatin Recreation Arca Annexation Agreement: Page 5 of 10 II IIII 2293498 I�����IIII II��1��II I���II�I IIII�II I I��I�III II� III Page 9 of 6 03106/2008 01 06P Charlotte Mills-Gallatin Co MTMISC 112.00 a) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner for the collection of such sums,including the entry of any judgment. In addition,the City may,at its option, enforce payment of such amounts by levying an assessment on the premises. b) Elect any other remedy available to City under the laws of the State of Montana. c) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. d) The Landowner and the City intend and agree that their obligations under this agreement are fully contractual in nature, and that the validity of their financial obligations set forth herein are not dependent upon the validity, application, or interpretation,of any portion of the Bozeman Municipal Code,or any other law. 11. Stormwater Master Plan Landowner understands and agrees that prior to development of the EAST GALLATIN RECREATION AREA ANNEXATION,a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets 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 annexation area to transport treated runoff to the stormwater receiving channel. 12. Traffic Analysis Report If required by the Engineering Department, the landowner shall provide a detailed Traffic Impact Analysis Report(s) prior to future development of any portion of the annexed property. 13. Parks, QPen Space and Trails The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan,any contiguous parks,open space,and/or trails shall be extended to the annexed property,and a master plan of said parks,open space and trails shall be provided with the signed annexation agreement. 15. Master Plan The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design,building mass Fast Gallatin Recreation area.knncxa6on Agreement: Page 6 of 10 and height,neighborhood identity,landscaping,historical character,orientation of buildings,and visual integration shall be provided with the signed annexation agreement. Special attention to the provision of adequate buffering, between the subject property and the residential uses to the west, will be of utmost importance. 17. Utility Easements Landowner understands and agrees that utility easements,a minimum of 30 feet in width,will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the appropriate development procedure,but in no event later than the filing of any final plat or site plan or issuance of a building permit on any of the parcels. 18. Additional Terrns of Waivers 1'he parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the EAST GALLATIN RECREATION AREA ANNEXATION. The parties further agree that the City may file these documents at any time. 19. Governing Law and Venue 'Plus Agreement shall be construed under and governed by the laws of the state of Montana.In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 20. Attornc '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. 23. 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. 24. 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. II II IIllii ff ii II II II I I 2290 of 16 06 Charlotte Hilts-Gallatin Co MTMISC 112.00 East Gallatin Recreation area:Annexation Agreement: Page 7 of 10 25. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 26. No Assignment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 27. 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. 28. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowners affirms that they have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. llllllllllillll111111111111 Pa1�4 8 II Illll Illll III illlll 11 Illll 03/06/2008 0 16 1.06P Charlotte Mills-Gallatin Co MTMISC 112.00 Fast Gallatin Recreation Area Annexation Agreement: Page 8 of 10 LANDOWNER M.jeiflHgW,Director Montana Fish,Wildlife,& Parks STATE OF KO N TANo ) ss. Count- of tt;u S -t c_fco-�) On this Ilk day of &46C-4— ,2007,before me,a Notary Public for the State of Montana, personally appeared M. Jeff Hagenerkknown to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same.r / IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Nfotarial Seal the day and year first above written. ,p uriLvL. WA'&*-4 V (Print Name Ifere) a' Notary Public for the State of Montana SEAL 4 Residing at c ev.a i r My Commission Expires: I/—Iz-Ze 1b oF (Use 4 digits for expiration year),F nna�P I lIIIII IIIII IIili IIO I!llllli lllll lllll l + Pa 1�4� II IIlIII II�III 03/06/2008 01 06P Charlotte Mills-Gallatin Co MTMISC 112.00 East Gallatin Recreation Area Annexation Agreement: Page 9 of 10 CITY OF BOZEMAN C"A ' ��"\ Chris A. Kukulski City Manager ATTEST City Clerk r- SPATE OF'IVI 'i�1J A ) ss. County of Gallatin ) L On thisday of &00'�,4 bef me,a Notary Public for the state of Montana,personally appeared Chris A.Kukkulski an ,known to me to the persons described in and who executed the foregoing instrument a 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 WIINESSalrylQ) ave hereunto s jdand4ff&W my Notarial Seal the day and year first above. bitten. ''U : �'� e 6e Here) otary Public for the State o ntana-16 YSea1}`� ,• Residing at V My Comtrussion Expires: V (Use 4 digits for expiration year) IIII�I����Illll IIII�IIlllil lIII�IIIII III IIIII II!IIII 2293f 16 Charlotte Mills-Gallatin Co MTMISC 112.00 East Gallatin Recreation Area Annexation Agreement: Page 10 of 10 sa• _......... GL E TT LAKE ::' _ � . 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