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HomeMy WebLinkAbout159_1744_Annexation 4 FILM 159PAU1744 STORY MILL ANNEXATION AGREEMENT �i THIS AGREEMENT, is made and entered into this \day of 1994, by and between THE CITY OF BOZEMAN, a municipal i=�i-Nri-rt- lulln of the7 States of nantana with offices at 411 r- East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and THE MILL LIMITED, 2160 Story Mill Road, Bozeman, MT 59715, hereinafter referred to as "Landowner" . WHEREAS, the Landowner owns in fee simple certain real property described as a tract of land located in the SW 1/4, Section 32, T1S, R6E1 MPM and the NW 1/4, Section 5, T2S, R6E, MPM, Gallatin County, Montana and more particularly described as Tract 1 , Certificate of Survey #1224, subject to protective covenants and easements of record, if any. Said tract is more commonly located at 2100 and 2150 Story Mill Road, Bozeman, Montana, and is commonly known as the "Story Mill." WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract; and WHEREAS, the Landowner recognizes that the annexation of the above-described property, hereinafter referred to as the "Story Mill Annexation" will entitle the Landowners to City services, including municipal water and sewer service; 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 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 WHEREAS, the City's present sewer service system is insufficient to enable it to supply reasonable sewer collection service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the Story Mill Annexation Tract will impact East Griffin Drive, L Street from North Wallace to Story Mill Road, and the intersection of Griffin Drive and Bridger Drive; and WHEREAS, the Landowners find that this Agreement will provide FILM 159PACf1745 PAGE 2 OF 7 STORY MILL ANNEXATION AGREEMENT TRACT 1, C.O.S. #1224 for the most satisfactory and dependable water supply or service available to furnish water, provide for the most satisfactory and dependable sewer service available to furnish sewer collection service, and provide traffic circulation for development within the Story Mill Annexation Tract; and WHEREAS, the making and performance of this agreement i-s 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 further development shall be approved for any of the Story Mill Annexation Tract until water, sewer and street improvements are made resulting in adequate city transportation, which adequacy shall be determined by the Director of Public Service or his designee and sanitation facilities to safely accommodate use of and travel to, from and within the parcel proposed for development; 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. W I T N E S S E T H• 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 Story Mill Annexation Tract in accordance with its decision on 21 March, 1994. 3. Services Provided by City. Pu-rsu-ant to Section 7-2-4409, M.C.A. and Commission Resolution No. 2961 , the City will, after annexation, make City services, including water and sewer, available to the Story Mill Annexation Tract. FIN 159FAU1746 PAGE 3 OF 7 STORY MILL ANNEXATION AGREEMENT TRACT 1, C.O.S. #1224 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. The term does not contemplate the extension of lines or construction of necessary improvements for delivery of water to and within the Story Mill Annexation Tract or 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 for collection of sewage at and within the Story Mill Annexation Tract or any hook-up, connection, or development charges which may be established by the City. 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 average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of property when fully developed on the basis of the zoning designation(s) . The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. This Policy is subject to the following exceptions: a. For any annexation in excess of ten (10) acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any FILM 159FAU1.747 PAGE 4 OF 7 STORY MILL ANNEXATION AGREEMENT TRACT 1, C.O.S. #1224 building permit, whichever occurs first. Section 2, No. 5, Commission Resolution 2716 adopted October 3, 1988 The Story Mill Annexation Tract consists of approximately 13.4 acres. The Landowner understands and agrees that sufficient water rights must be provided in accordance with the City's policy prior to final plat approval, final site plan approval or the issuance of any building permit, whichever comes first. The Landowner shall supply such water rights or fee in lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner further understands that the City has calculated the average annual diversion requirement necessary to provide water on the basis of the pending "BP" (Business Park) District zoning designation of the property. Twenty seven (27) acre-feet per year has been calculated as the amount of water use based on the pending- "BP" (Business Park) District zoning designation of the property. The cash-in-lieu of this amount equals $9,653.61. 7. Waivers of Right to Protest Special Improvement Districts for Street Improvements to East Griffin Drive Street Improvements to L Street from North Wallace to Story Mill Road, and Si realization Improvements at the Intersection of Griffin Drive and Brid er Drive. The Landowner has executed Waivers of Right to Protest Creation of Special Improvement Districts which include the Story Mill Annexation Tract for: A) Street improvements, including paving, curb, gutter, sidewalk and storm drainage improvements to East Griffin Drive; this waiver is attached hereto as Exhibit A. B) Street improvements, including paving, curb, gutter, sidewalk and storm drainage improvements to L Street from North Wallace to Story Mill Road; this waiver is attached hereto as Exhibit B. M 159MV49 PAGE 5 OF 7 STORY MILL ANNEXATION AGREEMENT TRACT 1, c,O__-S._ #U2,4 C) Signalization improvements at the intersection of Griffin Drive and Bridger Drive; this waiver is attached hereto as Exhibit C. 8. Written Consent to the Nomination of the Story Mill Annexation Tract to the National Register of Historic Places. The Landowner has consented in writing to the nomination of the Story Mill Annexation Tract to the National Register of Historic Places. This written consent is attached hereto as Exhibit D. 9. Connection to Existing Municipal Water Service. The Landowner understands and agrees that City of Bozeman municipal water service is available to their property without a water main extension. The Landowner understands and agrees that improvements or upgrades to the municipal water service may be required by the City from the Landowner with any future improvements or development of said property in order to adequately serve the Story Mill Annexation Tract. la. Connection to Existing Municipal Sewer Service. The Landowner understands and agrees that City of Bozeman municpal sewer service is not available to their property without a sewer main extension. The Landowner further understands and agrees that improvements or upgrades of the municipal sewer service, including a sewer main extension(s) , will be required by the City from the Landowner with any future improvements or development of said property in order to adequately serve the Story Mill Annexation Tract. 11. Additional Terms for Waivers and Written Consent for National Register of Historic Places Nomination. All parties recognize that these documents must be executed at the time this Annexation Agreement is executed, and shall be filed and of record with the Gallatin County Clerk and Recorder. The City shall file these documents once the Annexation is officially accepted. 12. Utility Easements. The Landowner understands and agrees that utility FILM 091AC11749 PAGE 6 OF 7 STORY MILL ANNEXATION AGREEMENT TRACT 1, C.O.S. #1224 easements, thirty (30) feet in width, may 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 at such time they are needed. 13. Governing Law. This Agreement shall be construed according to the laws of the State of Montana. 14. Severability. 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. 15. Modifications or Alterations. No modification or amendment of this Agreement shall be valid unless, evi-denceA by a writing signed by the parties hereto. 16. 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. 17. Successors. Except as provided in paragraph 17, 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 FIN 159FV1750 PAGE 7 OF 7 STORY MILL ANNEXATION AGREEMENT TRACT 1, C.O.S. *1224 Agreement to be executed the day and year first above written. CITY OF BOZEMAN SST BY: AA d Its ity Manager rk o Oity Commission t' x r :r'�tiC LANDOWNER EdVrC- McCrone, president The Mill Limited STATE OF f Zvi G,,— County of _ (7-�� r Gam- 1 :ss On this day of / Notary Public for the State before me, a appeared Edward C. McCrone, known to me' to be the ' personally president of The Mill Limited who executed the foregoing Waiver of Right to Protest, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day a d year first above written. Nota ubl.in for...th S ate of: Residing at: _y J;;L- My Commission Expi s: - '(Si'�` FILM 159FACUM EXHIBIT A WAIVER OF RIGHT-TO-PROTEST THE CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO EAST GRIFFIN DRIVE I, the undersigned, owner of the real property situated in the SW 1/4, Section 32, T1S, R6E and the NW 1/4, Section 5, T2S, R6E, MPM, County of Gallatin, State of Montana, and more particularly described as follows: Tract 1, Certificate of Survey #1224, Gallatin County, Montana. IN CONSIDERATION of receiving annexation into the coporate limits of the City of Bozeman for the real property described herein, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby waive for myself, my heirs, personal representatives, successors and assigns, the right to protest the creation of one or more special improvement districts for street improvements to East Griffin Drive, including paving, curb, gutter, sidewalk, and storm drainage improvements, or to make any written protest against the proposed work or against the extent or creation of the district to 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 shall be a covenant running with the land and shall not expire. I warrant that I am lawfully seized and possessed of the real property described above and that I have a lawful right to convey the property or any part of it. I, fit" 159 PAGE 1752 PAGE 2 OF 2 WAIVER OF RIGHT-TO-PROTEST CREATION OF SIDS FOR STREET IMPROVEMENTS TO EAST GRIFFIN DRIVE TRACT 1, C.O.S. #1224 5l'h DATED this day of � 1 , 19 . Edwa C. McCrone, president The Mill Limited, landowner STATE OF ."'/ Of 0. GL_ County of YG� ` (�� �,l ss 1 ) J� On this day of y Notary Public for the State of before me, a appeared Edward C. McCrone, known to e to be the personally t of The Mill Limited who executed the foregoing Waiver of Right1tonProtest, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. Notar bl' for th to of: let I Residing at: MY Commission Expir`s:_L�— `S"iS /7ij�1 rrr ��i+9 �'1"•i�T/f���1�Y�s �.F_or,raoui _f �j FILM MPACU753 EXHIBIT B WAIVER OF RIGHT-TO-PROTEST THE CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO L STREET FROM NORTH WALLACE TO STORY MILL ROAD I, the undersigned, owner of the real property situated in the SW 1/4, Section 32, T1S, R6E and the NW 1/4, Section 5, T2s, R6E, MPM, County of Gallatin, State of Montana, and more particularly described as follows. Tract 1, Certificate of Survey #1224, Gallatin County, Montana. IN CONSIDERATION of receiving annexation into the coporate limits of the City of Bozeman for the real property described herein, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby waive for myself, my heirs, personal representatives, successors and assigns, the right to protest the creation of one or more special improvement districts for street improvements ..o a L Street. from North Wallace to Story Mill Road, including paving, curb, gutter, sidewalk, and storm drainage improvements, or to make any written protest against the proposed work or against the extent or creation of the district to 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 shall be a covenant running with the land and shall not expire. I warrant that I am lawfully seized and possessed of the real property described above and that I have a lawful right to convey the property or any part of it. is -t N p�; nim MWAU1754 PAGE 2 OF 2 WAIVER OF RIGHT-TO-PROTEST CREATION OF SIDs FOR STREET IMPROVEMENTS TO L STREET FROM NORTH WALLACE TO STORY MILL ROAD TRACT 1, C.O.S. #1224 411 DATED this .5 day of )[A ��/ 19J . EYR-+a'r"d%—C. McCi von-.•e, proci_d/nt The Mill Limited, landowner STATE OF /'! O n 4 ck n GL ) :ss County of Ln o .A_ ) On this =Jday of �LY/L� , 1914 , before me, a Notary Public for the State of ���'� + Personally appeared Edward C. McCrone, known to me to be the president of The Mill Limited who executed the foregoing Waiver of Right to Protest, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day d year first above written. or e9tate of: ✓��ti Residing at: M , Co sion Expir e } x: FILM 1591 ?AGF1755 EXHIBIT C WAIVER OF RIGHT-TO-PROTEST THE CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR SIGNALIZA`rION IMPROVEMENTS AT THE INTERSECTION OF GRIFFIN DRIVE AND BRIDGER DRIVE I, the undersigned, owner of the real property situated in the SW 1/4, Section 32, T1S, R6E and the NW 1/4, Section 5, T2S, R6E, MPM, County of Gallatin, State of Montana, and more particularly described as follows: Tract 1 , Certificate of Survey #1224, Gallatin County, Montana. IN CONSIDERATION of receiving annexation into the coporate limits of the City of Bozeman for the real property described herein, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby waive for myself, my heirs, personal representatives, successors and assigns, the right to protest the creation of one or more special improvement districts for signalization improvements at the intersection of Griffin Drive and Bridger Drive, or to make any written protest against the proposed work or against the extent or creation of the district to lut a intention to be assessed in response to a duly passed- PaSCTluc��n c� �__ •- create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire. I warrant that I am lawfully seized and possessed of the real property described above and that I have a lawful right to convey the property or any part of it. q d 4 RN 15919T17% PAGE 2 OF 2 WAIVER OF RIGHT-TO-PROTEST CREATION OF SIDs FOR SIGNALIZATION IMPROVEMENTS AT THE INTERSECTION OF GRIFFIN DRIVE AND BRIDGER DRIVE TRACT 1, C.O.S. #1224 V� DATED this day of 19-2/. Ar . Crone, president ited, landowner STATE OF :ss County of On this �l ay of 2 �, before me, a Notary Public for the Sta of 0�Az T personally appeared Edward C. McCrone, known to me to be the president of The Mill Limited who executed the foregoing Waiver of Right to Protest, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day an year first above written. Notar b 'c fo• the St e of: Residxn� My.',GA �i1, i'Expire Y, iA EXHIBIT D NOTICE TO OWNERS f►X �r59 Pl1C�17J7 Before a property may be listed In the National Register of Historic Places,the owner or owners must be given an Opportunity to concur in or object to the nomination in accordance'with the National Historic Preservation Act and 36CFR60. Owners are asked to sign the attached form and return it to the State Historic Preservation Office within 30 days. If the State Historic Preservation Review Board approves the nomination and the property owner(s)have not gone on record objecting to National Register listing,the nomination then may be submitted to Washington, D.C.for official National Register designation. In the case of a proposed historic district,support for a nomination is sought from all property owners,including the owners of non-historic buildings within the district boundaries. If more than 50%of property owners object to the nomination,the district will not be listed in the National Register. If a majority of property owners object to nomination,the State Historic Preservation Officer may choose to submit such nominations to the Keeper of the Register for a formal determination of whether the property or district meets the criteria for Register listing, In these cases,the property or district will not be officially included In the Register until such time as the majority of property owners declare their support for the listing of their properties in writing to the State Historic Preservation Officer. Any owner or partial owner of private property who chooses to object to listing may submit to the State Historic Preservation Officer a notarfzbd statement certifying that the party is the sole or partial owner of the private property and objects to the listing. OWNER CONCURRENCE OR OBJECTION TO NATIONAL REGISTER LISTING This 7a to confirm that i have received Information on the National Register of Historic Places and am aware of the effects or National Register listing. (See enclosed NRHP brochure and'National Register Facts, I recognize that under the National Historic Preservation Act and the Montana State Antiquities Act 1 may concur in or object to the listing of my property In the Register. l understand that any objection to listing must be notarized. The property name and address of my property Is: �j r� ,11 �rl,,QyLr�,Tr �-, �«�f cas �•zz I concur in the nomination of my property to the National Register of Historic Places. / Owner's N e(prin Date / C Owner's Ign t _ Co-owner's Signature(if applicable) Address Of different then above) City ��r-r--� 7 State I object to the nomination and request that my property not be listed in the National Register of Historic Places. Owner's Name(printed) Date C Owner's Signature co-owner's Signature applicable) ., Address(if dilferam than above) City 0 State Zip t A ry Sign urs N&ARY`$ (N e:Only--o�jecUons to nomination ust be notarized,) [{a 3.17160 THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON OFFICE OF COUNTY RECORDER ) THE 29TH DAY OF_ DECEMBER , A.D., 19 95 COUNTY OF GALLATIN ) AT 4:07 P M., AND WAS DULY RECORDED IN 1300K 159 STATE OF 1140NTANA ) OF— MISCELLANEOUS RECORDS, PAGE 1744 Fee $ 84.00 SdeAejr M. Cktilte� RECORDER. BY ^ nnt(�� � "� �' DEPUTY RT: CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771 INDEXED �u7TED '4