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HomeMy WebLinkAbout13- Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Agreement Record Series: Property Agreements Record Title: Annexation Agreements Inter-office Orii j al to: City of Borenlan Planning Department ' 20 Past Olive street 2451259 Page: 1 of 14 06/03/2013 04 44.56 PM Fee: $98.00 Charlotte Mills - Gallatin County, M7 MIsc 1 111111111111111 f 111111111111111111 f 1111111111 I I I I 111111111111111111111111111 IN KIRK LOT 9 BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION AGREEMENT ,,,� "; ." d 213 THIS AGREEMENT made and entered into this day of , by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771- 0640, hereinafter referred to as "City", and Roger Kirk, 11 Kean Drive, Bozeman, MT 59718, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the KIRK, LOT 9, BLOCK 1 WALKER PROPERTY SUBDIVISION .ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: A tract of land being Lot 9, Block I of Walker Property Subdivision located in the SW 1/4 of Section 25, TIS, RSE, PNINI, !Gallatin County, Montana. Said tract of land being 1.92± acres more or less along with and subject to any and all existing easements. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the KIRK LOT 9, BLOCK 1 WALKER PROPERTY SUBDIVISION ANNEXATION is not within the corporate limits of the City or other municipality and may therefore Kirk Lot 9, Block I Walker Property Subdivision Annexation Agreement I be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, MCA; and WHEREAS, all parties recognize the annexation of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION pursuant to Section 7-2-4601, et seq., MCA will allow the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION to connect to and utilize City services, including municipal water and sewer service, fire service. and the City's street system; and WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION will impact area streets and fire services, and that future improvements may require additional public street improvements for traffic circulation and the provisions of fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide traffic circulation and fire service for development of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESETH: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows. Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Agreement 2 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION with the City on April 27, 2012. By execution of this Agreement, the City manifests its intent to annex the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, MCA the City shall, -upon execution of this Agreement, adopt a Resolution of Annexation of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the KIRK LOT 9, BLOCK 1 WALKER PROPERTY SUBDIVISION ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the KIRK LOT 9, BLOCK 1 WALKER PROPERTY SUBDIVISION ANNEXATION existing City services only to the extent currently available, or 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 4[l, Article 2, 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 lines or construction of necessary improvements at any cost to the City for delivery of water to and within the KIRK LOT 9, BLOCK I WALKER Kirk Lot 9, Block I Walker Property Subdivision Annexation Agreement 3 PROPERTY SUBDIVISION 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 KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION 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 is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the KIRK LOT 9, BLOCK I WALKER. PROPERTY SUBDIVISION 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 KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION 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 shall pay cash in-lieu of water rights prior to annexation in accordance with 18,42.180 Bozeman Municipal Code. Pursuant to 18.42.180.E the calculated average annual volume of water necessary to provide water to this annexation tract on the basis of the zoning designation at annexation is 0.234 acre feet/year. Calculated based on a price of $6,000.00 per acre-foot as established by Bozeman City Commission Resolution No. 4095, the cash in lieu payment required at the time of annexation for the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION Kirk Lot 9, Block I Walker Property Subdivision Annexation Agreement 4 ANNEXATION is $1,404.00. The Landowner agrees to pay this amount as cash in lieu of the water rights upon annexation of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION. The City acknowledges receipt of said cash in lieu. 7. Comprehensive Water and Water Desipn Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report -findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION 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 installing all facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master 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 that there is no right, either granted or implied, for the Landowner to further develop any of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, streets, and sewer and water capacity, are Kirk Lot 9, Block I Walker Property Subdivision Annexation Agreement 5 available to all or a portion of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that maybe in effect at the th-rie of development. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION for a systern designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. Such plan, if required, must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 10. Waiver of Right-to-Protest Special Improvement Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit "A" and is hereby incorporated in and made a part of this Agreement. Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Agreement 6 B. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsection 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 square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 11. Public Street and Utility Easement The Landowner understands and agrees that utility easements, a minimurn of thirty (30) feet in width, may be necessary for the installation and maintenance of water and sewer utility services to the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION parcel. The Landowner, at its sole expense, shall create such easements in locations and form agreeable to the City during the appropriate development procedures, but in no event later than the filing of any final plat or site plan review or issuance of a building permit on the parcel. 12. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and the City's fire service. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. The amount of impact fee to be paid for connection to the city's water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for development approval is deemed sufficient for review, Kirk Lot 9, Block I Walker Property Subdivision Annexation Agreement 7 Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered "project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults 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 the Landowner and Landowner/Developer of such default, City may at their option: A) Declare the amounts owing for in-Lpact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. 13. Additional Terms The parties recognize these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION. The parties further agree that the City may file these documents at any time. 14. Governina Law and Venue Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Agreement This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 15. Attorney'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. 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 this sarne or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 17. Invalid Provision The invalidity or un enforceability 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. 18. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 19. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 20. Successors Kirk Lot 9, Block I Walker Property Subdivision Annexation Agreement 9 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 specifically to any subsequent purchaser of the annexed property. 21. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the KIRK LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXAT10N and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirn-is that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Kirk Lot 9, Block 1. Walker Property Subdivision Annexation Agreement 10 LANDOWNER .7 By: Roger Kfrk STATE OF :ss COUNTY OF On this day of F -c 2013,before me, the undersigned, a Notary Public for the State of JI'l pegs nally appeared Roger Kirk, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year first above written. (SEAL) CL tu- (Printed Name Here) is L_L Notary Public for tae State of &yt4 , -6--- N'�"Iy PULAC 01 AR,,� Cr f of montana Residing at z d r-19 at: My Commission Expires: Lk '3 CI scion Expres: (Use 4 digits for expiration year) i..i ne -,0. 2014 Kirk Lot 9, Block I Walker Property Subdivision Annexation Agreement CITY OF BOZEMAN cs4k,Y_Jt4-4-"� By: Chris A. Kukulski, City Manager .3 ATTEST. _`VZ A °Sr Clerk of the +Ci y C '-T. w , d3' LK 9. STATE OF MONTANA :ss COUNTY OF GALLATIN A On this —day of d � , 2013 before me, a Notary Public for the state of Montana, personally appeared Chris Kukulski and 'Stacy Ulman, known to me to the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Con°arnission 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 WITNESS WHEREOF, 1 have hereunto set any hand and affixed my official seal the day and year first above written. (SEAL) (Prii ted Name Mere) AIMED.BRUNCKHORST Notary Public for the State of Montana NOTAR`i'RUBLIC jor the Residing at state of Montana My Commission. Expires.: at Beigrad,e,Montana EL Residing Use 4 digits for expiration ear s" My Commission Expires { g p year) gecem0er 04,2016 Dirk Lot 9, Block 1 Walker Property Subdivision Annexation Agreement 12 EXHIBIT "'A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT KIRK, LOT 9, BLOCK I WALKER PROPERTY SUBDIVISION ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Lot 9, Block I of Walker Property Subdivision located in the SW 1/4 of Section 25, TlS, R.5E, PMM, Gallatin County, Montana. Said tract of land being 1.92± acres more or less along with and subject to any and all existing easements. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Agreement 13 DATED this day of 2013. LANDOWNER By: Roger Kirk STATE OF :ss COUNTY OF C O.A.CCc-likIly On this day of LL-CC, 2013, before me, the undersigned, a.Notary Public for the State of pe.Onally appeared Roger Kirk, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed Name Here) DAN Notary Public for the Sate of ),I o, mortan-a Residing at v e- C�)AMI, �101 J - My Commission Expires: ,,Jc", 3C4- n irc's ­;mi x xpir,s - , (Use 4 digits for expiration year) Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Agreement 14