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Home My WebLink About95- Merrill Barnard Locke Annexation Agreement ` ' � ANNEXATION AGREEMENT THIS AGREEMENT, is made and entered into this_/�&daycf l995'by and between THE CITY OFB0ZEMkN,u municipal corporation of the State of Montana with offices mt4|l East Main 3trcu' Bozeman, Montana 59771-0640, hereinafter referred to as "City"' and MATTHEW G. M8nDOLL and SARAH MBKP)LLB/UR4AKDof2lll Sourdough Road,Bozeman,MT 5g7l5.and WILLIAM W.and CBAlL8N2W.LUCDE, of2ll9Sourdough Road,Bozeman,MT 59715,hereinafter referred tn as"Loudnvvumo" WHEREAS,the Landowners own in fee simple certain real property situated in the SE 1/4 of Section 18, Township 2 South, Dougc 6 8upt, P.M.M` GxKmiu Cnunty, Montana, and more particularly described sofollows: Lots 4, 5, 8, 7, and 8nf Lewis Subdivision, commonly known ux2)|) and 2119 Sourdough Road, Said tract being l.83 acres alongwi/kundoubjnct1ouoyexia6ug uoxomous. WHEREAS,the Landowners have requested annexation vf the contiguous tract;and WHEREAS,the Landowners recognize that the annexation uf the above-described property, hereinafter referred muv the"Merrill Barnard Locke Annexation Tract"will entitle the Landowners tp City services,including municipal water and sewer service;and WHEREAS,the City's present water supply iminsufficient tn enable ittu supply reasonably adequate water service to additional customers outside the present city boundaries;and WHEREAS, the landowners wish to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the property;and YVBEI0B/\8, the City's present sewer service system ix insufficient to enable ittn supply reasonable sewer collection service to additional customers outside the present city boundaries;and � WBBDE/\8, all ymdem recognize that the development of the Merrill Bmonu] Locke Annexation Tract will impact Sourdough Road/Church Avenue;and WHEREAS,the Landowners find that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water,provide for the most satisfactory and dependable sewer service available tn furnish sewer collection service;and MERRILL BARNARD LGCKE ANNEXAriON AGREEMENT PAGE 2 ur6 WHEREAS, the making and performance of this agreement is desirable to promote the development of the most adequate water supply,sewer collection and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge;and WHEREAS,the Landowners understand and agree that no development shall be approved for any of the Merrill Barnard Locke Annexation Tract until water,sewer and street improvements are made resulting in adequate city transportation and services, which adequacy shall be determined by the Director of Public Service or his designee,to safely accommodate use of and travel to,from and within the parcel proposed for development, and provide adequate water and sanitation facilities;and WHEREAS, the securing of an adequate water supply, sewer collection, and traffic circulation system by the City is necessary and of mutual advantage to the parties hereto. 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 City Commission will annex the Merrrill Barnard Locke Annexation Tract in accordance with its decision on November 21, 1994. 3. Services Provided by City. Pursuant to Section 7-2-4409,M.C.A. and Commission Resolution No. 2968,the City will, after annexation, make City services, including water and sewer, available to the Merrill Barnard Locke Annexation Tract, 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, as well as any other terms and conditions which apply to the City's provision of this service. mERRILL BARmARnLOCKE ANNEXATION AGREEMENT PAGE»4^ The term does not contemplate the oxtoomou of lines or construction of necessary improvements for delivery nf water to and within the Merrill Barnard Locke Annexation Tract nr any 600k-up,:ouuoo6on,or development charges wbob may be omubUobcd by the City. . Municipal Sewer Service Defined. The term"municipal sewer service" uuisused in this agreement shall be the service which is supplied hy the City 6n accordance with Chapter}3.24,Bozeman Municipal Code, as well as any other terms and conditions which apply to the City's provision of this service. The tunn 6uox not contemplate the extension of lines or cnumoou6ou of necessary improvements for collection of sewage at and within the Merrill Barnard Locke Annexation Tract or any hook-up, connection,or development charges which may be established by the City. 6. Water lights, The parties acknowledge the following City policy: Prior to annexation nyproperty, it shall hu the policy n[the City v£Bozeman to acquire usable water rights,mau appropriate fee in lieu thereof, equal to the average oouuu| diversion requirement necessary tn provide the anticipated average annual consumption of water by residents and/or users of property when fully developed on the basis oythe znvioQJomiguatioo(s). The fee may 6n used/o acquire water rights or for improvements to the water system which would create additional water supply capacity. This policy io subject to the following exory6vum: o. For any annexation iu excess of ten(10)uomn,lt shall ba carried out prior to final plat approval,final site plan approval orthe issuance of any building permit,whichever occurs first. Section 2.No. 5, Commission Resolution%7l6adopted October 3, l988, | The Merrill Barnard Locke Annexation Tract consists mC approximately l.8] acres. The Landowners understand and agree that they must provide sufficient water rights iu accordance with the City's policy prior to final plat approval,findsite plan approval o/ the issuance uf any building permit for any portion vf the Merrill Barnard Locke Annexation In,ct'nv6ip6evuc first occurs. The L:m6mvunzo shall nunph,such water rights or fee in lieu MERRILLmARNARD LOCKE ANNEXATION AGREEMENT moo,tw6 as calculated by the City in oucoo]oouo with its policy at the time of calculation, The Landowners further understand that the City has :donlntod the average annual diversion requirement necessary to provide water on the basis of the zoning designation for the property, l.l4 acre feet per year has been calculated uo the amount of water use based outhe R-G'Residential Suburban Country Estates,District zoning designation of the property, The cus6-iu-|iemof this amount equals$4l2.76 This amount shall hu paid hy the Luo6owoxm upon signing this Agreement. 7. Waivers of Right to Protest Special Improvement Districts for Improvements to Sourdould Road/Church Avenue. The Landowners have executed o Waiver of Right tn Protest Creation o[Special Improvement Districts which include the Merrill Barnard Locke Annexation Tract for the improvements to Sourdough Road/ Church Avenue. This Waiver im attached hereto as Exhibit A. _, Additional Terms for Road Easements and Waivers. All pmdox recognize that these documents must be cxoco/od at the time this Annexation Agreement is executed,and shall he filed and o[record with the Gallatin County Clerk and Recorder. The City obuU file these documents once the Annexation ix officially accepted. p. Utility Easements. The Landowners understand and agree that utility easements, thirty (30) feet in width, will be ouoousury for the installation and maintenance of water and sewer utility services tothe uuoeo6 parcel. The Landowners shall create such ouounmmo in locations agreeable to the City during subdivision,conditional use,planned unit development,orsite / plan review procedures, but inoo event later than the filing oC any final plat o,site plan,or issuance o[u building permit, lO. Governing Law. This Agreement shall 6c construed according to the laws of the State of Montana. 11. Invalid Provision MERRILL BARNARD LOCKE ANNEXATION AGREEMENT PAGE 5or6 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, 12. Modifications or Alterations. No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 13, No Assignment, It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part without prior written consent of the City. 14. Successors. Except as provided in paragraph 13,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. 15. 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written, CITY OF BOZEMAN BY: Its City Manager Attest: Clerk of the City Commission aERRILLBARNARoLOCKE ANNEXATION AGREEMENT PAGE a4^ LANDOWNERS . ' Matthew G.Merrill ' Sarah Merrill Barnard STATE 0RMONTANA ) :ua County o[Gallatin) On =� Notary Public for the State of Montana, personally appeared D�eoiUand 8mahD�cr�UBmu�d. hunvvotnmetobe the pomonep/houcnames are ou6oc�6a6to\6o foregoing instrument and acknowledged romethat they executed the same. IN WITNESS WIIDDB0p.I have hereunto set my hand and set my seal the day and year first above written. Residing My Commi si Expires: William W.Locke Charlene W.Locke STATE 0FMONTANA ) ao County of Gallatin ) On this_/�,;�uyof l995b�orome,u]�o,ury Public for the 8tNuof &�o�uo�pmmonu8yappeared William W.Locke and Charlene W. Locke, known tomotobothe persons whose names are subscribed to the foregoing instrument and acknowledged tomc that they executed the same. INWlTNBS0 WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. Residing at My Commission Expires: