HomeMy WebLinkAbout14- Pine Meadows Annexation Agreement .��. 2476621
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Charlotte Mills - Gallatin County, MT MISC
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City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
PINE MEADOWS
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of , 201 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 Lorie L. Hovanec, P.O. Box 240886, Anchorage, Alaska 99524-0886, hereinafter referred to as
"Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the
PINE MEADOWS ANNEXATION situated in Gallatin County, Montana, and more particularly described as
follows:
Tract 7, Smith Subdivision located in the NW 1/4 of Section 11, T2S, R5E, PMM,
Gallatin County, Montana. Said Tract of land being 4.02f 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 PINE MEADOWS ANNEXATION is not within the corporate limits of the City or
other municipality and may therefore 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 PINE MEADOWS ANNEXATION pursuant to
Section 7-2-4601,et seq., MCA will allow the PINE MEADOWS ANNEXATION to connect to and utilize City
services, including municipal water and sewer service,fire service,and the City's street system; and
Pine Meadows Annexation Agreement 1
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 PINE MEADOWS 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
PINE MEADOWS 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:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the PINE MEADOWS ANNEXATION with the
City on November 7, 2012. By execution of this Agreement, the City manifests its intent to annex the PINE
MEADOWS 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 PINE MEADOWS 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
Pine Meadows Annexation Agreement 2
aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the
annexation of the PINE MEADOWS ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the PINE MEADOWS 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 40,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 PINE MEADOWS 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
PINE MEADOWS 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 PINE MEADOWS 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
PINE MEADOWS 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
Pine Meadows Annexation Agreement 3
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of
water rights shall be provided for the structure on the property at the time of annexation. Provisions
for water rights or cash in-lieu of water rights shall be further provided upon further development or
subdivision of the property in accordance with Section 38.23.180, BMC. The amount of water rights or
cash-in-lieu thereof due at the time of further development or subdivision of the property will be
calculated based on the annual demand for volume of water the development will require multiplied by
the most current annual unit price in effect on the date the water rights are transferred or payment-in-
lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for
cash in-lieu of water rights may increase over time as established by Resolution of the City
Commission.
7. Comprehensive Water and Water Design 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 PINE MEADOWS 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,
Pine Meadows Annexation Agreement 4
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 PINE MEADOWS 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 available to all
or a portion of the PINE MEADOWS 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 PINE MEADOWS ANNEXATION in accordance with the City's infrastructure plans, adopted
Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be
in effect at the time of development.
The existing structure may continue to utilize the on-site groundwater well for domestic use
until: a) the existing well fails to the point it needs to be drilled deeper or replaced; b) the existing
structure is converted to any use other than a residence; c) the existing structure is removed or
destroyed, beyond 50 percent of the market value, or d) when water mains are constructed within 200
feet of the structure.
The existing structure may continue to utilize the on-site sewer system until: a)the existing on-
site sewer system fails; b) the existing structure is converted to any use other than a residence; c) the
existing structure is removed or destroyed, by whatever means, beyond 50 percent of the market value,
or d) when sewer mains are constructed within 200 feet of the structure. If the existing on-site sewer
system fails, the existing structure must connect to the public sanitary sewer main. A replacement on-
site sanitary sewer system cannot be utilized. At the time the existing on-site sewer system is
disconnected, the on-site system must be properly vacated and removed, which at a minimum entails
Pine Meadows Annexation Agreement 5
the septic to be pumped and filled in with gravel/dirt, or the tank totally removed, as required by the
Gallatin County Health Department.
9. Durston Road Improvement Area
Prior to annexation, the City shall require a financial contribution from all properties
within the Durston Road Improvement Area annexing to the City for all existing residential
units and shall calculate the financial contribution to the applicable Improvement Area as
follows:
Durston Road Improvement Area: The amount of the financial contribution required to
be paid by each annexing property for each existing residential and/or commercial unit
shall be $1,470.70. This amount is derived by multiplying the Durston Road Special
Improvement District assessment rate of $0.186164 per square foot by 7,900 square
feet, which is the average single-family residential lot area within the Durston Road
Special Improvement District. This per-unit financial contribution shall be applied to
each existing residential and/or commercial unit, regardless of the actual size of the real
property or the size of each existing residential and/or commercial unit. The financial
contribution for the existing residential and/or commercial units on the property at the
time of annexation shall be paid by the landowner prior to the City's execution of the
Annexation Agreement.
At the time of future subdivision or development of the annexed property, the City shall
calculate the financial contribution to the applicable Improvement Area as follows:
Durston Road Improvement Area: The contribution cost shall be calculated by the City
at a rate of$0.186164 per square foot of the newly created lot(s). In the case of site
plan development that does not create additional lots, the contribution cost shall be
calculated based on the number of residential and/or commercial units added to the
property, with the square foot of each residential and/or commercial unit determined by
the minimum lot area required by the zoning of the property. This contribution shall be
paid prior to final subdivision plat or final site plan approval, unless otherwise
Pine Meadows Annexation Agreement 6
determined by the City Commission during review of the future subdivision or
development.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the PINE MEADOWS
ANNEXATION for a system 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 stonnwater
detention/retention basin and discharge structure details, basin sizing calculations, and Stormwater maintenance
plan.
11. 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.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage facilities
for Fowler Avenue and signal.ization improvements for the following intersections: a) Durston Road/27"'
Avenue, b) Durston Road/Fowler Avenue and c) West Babcock Street/Fowler Avenue. The Landowner agrees
such an SID will provide a mechanism for the fair and equitable assessment of construction and maintenance
costs for such improvements. The waiver is attached hereto as Exhibit "B" and is hereby incorporated in and
made a part of this Agreement.
Pine Meadows Annexation Agreement 7
C. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B 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.
12. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement shall be provided for
West Villard Street across the subject property. The easement shall be 60 feet wide which is the local street
standard as shown in the Greater Bozeman Area Transportation Plan. The Landowner, at its sole expense, has
created such an easement in a location and form agreeable to the City and the easement will be filed at the
Gallatin County Clerk and Recorder's Office.
13. 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. As approved by the City, the land
owners and their successors shall pay:
A) Fire impact fees equal to the amount for the existing residence per Chpt. 2, Art. 6. Div.
9 BMC, or as amended, at time of annexation.
B) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of application for connection to city water.
C) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of application for connection to city sewer.
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.
Pine Meadows Annexation Agreement 8
Landowner further understands and agrees that any improvements, either on-site or off-site,necessary to
provide connection of the PINE MEADOWS 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 impact 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.
14. 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 PINE MEADOWS ANNEXATION. The parties further agree
that the City may file these documents at any time.
15. Governing Law and Venue
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.
16. 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.
17. Waiver
Pine Meadows Annexation Agreement 9
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,teen or
agreement shall be deemed waived by either party unless waived in writing.
18. 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.
19. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed
by the parties hereto.
20. 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.
21. 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 and specifically to any subsequent purchaser of the annexed
property.
22. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the PINE MEADOWS ANNEXATION
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 affirms that they have authority to enter into this Agreement and to bind
themselves to this Agreement.
Pine Meadows Annexation Agreement 10
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
Lorie L. Hovanee
STATE OF 64 - )
3r14*:�u.dI' s
}
On this _ S�day of Apr" ` , 2013, before me, the undersigned, a Notary
Public for the State of , personally appeared Lorie L. Hovanec known to me to
be the landowner that executed the within instrument, and acknowledged to me that she executed the
same as said landowner.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
/ri ame Here)FSTA
Y + otary Public for the State o
L.VMM Residing at bs1
OF ALASKA My Commission Expires:tpih{DIM6ute,20% (Use 4 digits for expiration yea )
Pine Meadows Annexation Agreement 11
CITY OF BOZEMAN
CL��"ti1 I
-X4�
By: Chris A. Kukulski,City Manager
ATTEST• Q O? lip
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1 •
l
C rk 6f t ty.Cominission
STATE OF IVIOIWIANA.''. )
:ss
COUNTY OF GALLATIN )
On this_Daay of _ ✓Lkc ei�4 , 201*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 Commission 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, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
(Prii ed Name Here)
AIMEE BRUNCKHORST Notary Public for the State of Montana
es�!!" i Residing at
�. �;oi�c •.o9 NOTARY PUBLIC for the
State of Montana
aSEAL,1 Residing at Belgrade,Montana My Commission Expires:
q•• p= My Commission Expires (Use 4 digits for expiration year)
'F6F'Mo`t` December 04,2016
Pine Meadows Annexation Agreement 12
EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
PINE MEADOWS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
Tract 7, Smith Subdivision located in the NW 1/4 of Section 11, T2S, R5E, PMM,
Gallatin County, Montana. Said Tract of land being 4.02f 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.
DATED this 10 day of Ap 1 ,2013.
Pine Meadows Annexation Agreement 13
LANDOWNER
0
Lorie L.Hovanee
STATE OF
On this LS da of ► , 2013, before me,the undersigned, a Notary Public
for the State of ,personally appeared Lorie L. Hovanec,known to me to be the
landowner that executed the within instrument, and acknowledged to me that she executed the same as
said landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
ea
Nam
e Here)j e,f*tj
Public for the State o '
Nmwfu" Residing at 9 ��tS't5
My Commission Expires: 19
7STATEOF ALASKA (Use 4 digits for expiration ea )
Y,"^mmre Exw DoCember 18 2C16
Pine Meadows Annexation Agreement 14
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
-UMPLANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 7, Smith Subdivision located in the NW 1/4 of Section 11, T2S, R5E, PMM,
Gallatin County, Montana. Said Tract of land being 4.02f 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 impacts to
Fowler Avenue and the intersections of Durston Road/27tn Avenue, Durston Road/Fowler
Avenue and West Babcock Street/Fowler Avenue which will be caused by the development of the
above-described property, the owner 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 the
construction and maintenance of following improvements: paving, curb/gutter, sidewalk, storm
drainage facilities for Fowler Avenue and improvements to the intersections of Durston
Road/271h Avenue, Durston Road/Fowler Avenue and West Babcock Street/Fowler Avenue, 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.
In the event an SID is not utilized for the completion of these improvements, the developer
agrees to participate in an alternate financing method for the completion of said improvements on a fair
Pine Meadows Annexation Agreement 15
share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof.
This waiver is made for the benefit of the property described herein 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.
DATED this iSikday of , 2013.
LANDOWNER
Lorie L. Hovanee
STATE OF
�Iial k�S-h`���- :ss
On this day of (R , 2013,before me,the undersigned, a Notary Public
for the State of , personally appeared Lorie L. Hovanec,known to me to be the
landowner that executed the within instrument, and acknowledged to me that she executed the same as
said landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
Kt( Name Here) au�
Notary Public for the State oflea—
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FU" Residing at t!i 'j �,,.�m-w\ 4 �rvc�Mf«sz 1�515
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Pine Meadows Annexation Agreement 16
EXHIBIT A
PINE MEADOWS ANNEXATION
to B OZEMAN, MONTANA SCALE
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T2S, RSE P.M.M. G.�LLATIN COUNTY
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PINE MEADOWS EXHIBITA
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BOZEMAN MT PROJECT# 12-142