HomeMy WebLinkAbout95- Chang Annexation Agreement ^ '
x
CHANG ANNEXATION AGREEMENT
���
THIS A0RUn��ENTmuJo and ou�odiomthis_/ day o[ 1995.
by and between the CITY OF BOZEMAN,a municipal corporation and political subdivision of the
State of Montana with offices at 411 East Main Street,Bozeman,Montana 59771-0640,hereinafter
referred tuuw"Ci0'^and BIN AND SUSAN C8ANG.625 North Seventh Avenue,Bozeman,MT.
5A7|5,hereinafter referred tuuo^Luudvvuor`
W02KB&8,Elden and Susan Chang are owners iu fee ofu tract of certain real property,
hereinafter referred to as the "Chang Annexation"situated in Gallatin County,Montana,and more
particularly described uxfollows:
&tract n[laud containing 3.557 acres,being Tract"/\"nf Certificate n[Survey No.
57}.situated io the southwest one-quarter"[ Section llT29,D5E,P.M.M,Gallatin
County,Montana.
WHEREAS,the Landowner has petitioned the City for annexation of the contiguous tract;
and
WHEREAS,all parties recognize that the annexation v{the Chang&000xxLiou pursuant tn
Section 7-2-43V}` otouq., M.C.&.^will entitle the said tract,n City services,including municipal
water and sewer service;and
Yw8ERE/\8'the City's present water supply is insufficient to cuu6\e it to supply reasonably
adequate water service to additional custorners outside the present city boundaries;and
WHEREAS,all parties recognize that the development of the Chang Annexation will impact
8agy Boulevard,South Nineteenth Avenue,and South Eleventh Avenue,and will require additional
public street improvements for traffic circulation;and
'
WHEREAS,the Landowner wishes to convey to the City certain water rights or take some
equivalent action»o provide water and sewer service to the Chang Annexation;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 within the Chang Annexation;and
VY0ENG&S, the making and performance of this agreement is dnoirxh|u to promote the
development of the most adequate water supply and traffic circulation pattern for the City as it now
oxiaux and as it is,eaunuuNy expected to expand;and
CHANG ANNEXATION AGREEMENT
PAGE TWO OF SIX
WHEREAS, the securing of an adequate water supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto.
WITNESETH:
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 Chang Annexation in accordance with its decision on July
18, 1994,
3. Services Provided.
Pursuant to Section 7-2-4305(2), M.C.A.,and Commission Resolution No.2914,the City
will, after annexation, make City services, including water and sewer, available to the Chang
Annexation.
4. Municipal Water SQr-vic,.c,Dcftncd,
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. 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 Chang Annexation of any hook-up, connection, or
development charges which 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 13,24,Bozeman Municipal Code, 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 Chang Annexation or any hookup, connection, or
development charges which may be established by the City.
C8ANG ANNEXATION AGREEMENT
PAGE THREE OYSIX
6' lYacc Rights,
The parties acknowledge the following City policy:
Prior ua annexation of property,d shall ho the policy of the City of Bozeman(nucquir:unmGe
water rights,oruo appropriate fee in lieu thereof, equal to the anticipated average annual
consumption o{water 6y residents and/or users ofthe 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 inexcess
of ten (lO) xco,a, this policy o6uU be ou,6oJ out prior to final plat approval of each
development phase.
Section 2,No.5,
Commission Resolution 2710adopted
October 3. |98#
The Chang Ano*vuioa consists nF approximately 3.557acres.
The Landowner understands and agrees that he must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
Chang Annexation, consisting of a total of 3.557 acres, prior to annexation, final
subdivision plat approval, final site plan upyzn,al or the issuance of any building
permit,whichever occurs first.
The Landowners shall supply such water rights or fee in lieu om calculated ly the City in
accordance with its policy u/the time ofcalculation. The Landowners further understand that the
City has calculated the average annual diversion requirement necessary to provide water on the basis
of the zoning designation for the property at the time such calculation is made. The amount of
average annual diversion necessary to provide water based on potential development of the property
ie calculated uo6c ||.23ucre-feet. The cash iu lieu of this amount equals Four Thousand Thirty-
Seven DvUmmuudFUty-0oeCent ($4,037.5l)and shall be paid by the Landowners upon signing
this Agreement.
7� Waiver of Right-to-Protest Special I=rQvcmcnt Districts to Kagy Boulevard.,
Laodv"vumc has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements uoyagyBoulevard, This waiver iv attached hereto om Exhibit"A."
0. Waiver of Right-to-Protest Special Improvement Districts to South Nineteenth Avenue,
Luudow/uo,has executed o Waiver ofDight-tn-Protest Creation of Special Improvement
District for improvements to South Nineteenth Avenue, This waiver is attached hereto umExhibit
CR&NG ANNEXATION AGREEMENT
PAGE FOUR 0FSIX
9. Waiver of Right-to-Protest Special Improvement Districts for Signalization at the Intersection o
Landowner has executed m Waiver oIRi&ht-m-PnoLn»t Creation nf Special Improvement
Districts for signalization improvements at the intersection of Kagy Boulevard and South Nineteenth
Avenue. This`puivurio attached hereto uy Exhibit''C''.
10. Waiver of Right-to-Protcst Spggial Improvement Districts for Signalization at the hilersectio
of Kagy Boulevard and.South Eleventh Avenue.
Landowner has executed u Waiver nyKight-b,Pnntcxt Creation of Special Improvement
Districts for uignalizatiom improvements at the intersection oyKogy Boulevard and South Eleventh
Avenue. This waiver io attached hereto oo Exhibit^D'`.
l|.
All parties recognize that these documents shall be filed by the applicant and ofrecord with
the Gallatin County Clerk and Recorder prior to the sale of any land within the Chang Annexation
by the Landowner,and the parties agree that the City may fi|othese documents u1 any time.
12. Utility Easements.
The Landowner understands and agrees that utility casements,n minimum o[3O feet in width,
will be necessary for the installation and maintenance of water and sewer utility services to the
annexed parcels, The landowners shall create such casements in |oou&oum agreeable to the City
during the subdivision procedure or planned unit development procedure but in no event later than
the filing nf any final plat co site plan or issuance ofobuilding permit ou any oy the parcels.
13. GQuucoinWg Law, '
This agreement shall ho construed according im the laws of the State ofMontana.
14. Invalid Provision,
The invalidity or unenforccability of any provision of this agreement shall not affect the other
provisions horoot and this agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted,
li Modifications or Alterations.
No modification or amendment of this agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
CHANG ANNEXATION AGREEMENT
PAGE FIVE OF SIX
16. No Assignmpnt,
It is expressly agreed that the Landowner shall not assign this agreement in whole or in part
without prior written consent of the City.
17. Successors,
Except as provided in paragraph 16,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.
18. 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:
JAMES E. WYSOCKI
Its City Manager
ATTEST:
Clerk of the City Commission
CHANG ANNEXATION AGREEMENT
PAGE SIX OF SIX
LANDOWNER
By:- \"
BIN CHANG
By.\,
SUSAN CHANG
STATE OF TEXAS
'ss
COUNTY OF DALLS)
On this j 1995,before me,a Notary Public for the State of Texas,
personally appeared Bin and Susan Chang known to me to the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year first above written.
P13ENDA M.SONNIER Texas
MVUo"imi-LssimEx�pires
Notary Public for State of fVAY 9,1995
Texas,
Residing: ele
Commission Expiriis", /4'
(Notarial Seal)
STATE OF MONTANA
COUNTY OF GALLATIN
on this day of ,> 1995, before me, a Notary
for the State of Montana, personally appeared Bin Chang known to
me to be the person whose name is subscribed to the within instrument
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
Notary Pubic f6r the State of
Montana.
Residing:
Commission Expires:
(Notarial Seal),