HomeMy WebLinkAboutResolution 4010, Annexation for East Gallatin Recreation Area, Legal Description revised R o zeman City Clerk
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m� COMMISSION RESOLUTION NO. 4010 IY�C-0y
�� Pt��7uc�tr�ir�- cer✓ec�-.
A RE LUTION OF THE CITY COMMISSION OF CITY OF BOZEMAN, 56.1 j
LL
MONTAN EXTENDING THE BOUNDARIES SAID CITY OF 13OZEMAN
-*�= SO AS TO INC DE WITHIN THE CORP TE LIMITS OF THE CITY OF
o
�;= BOZEMAN A TRA OF LAND TO D CITY,KNOWN AS"TRACTS GL-2
)
& GL-3,LOCATED IN T NO HWEST QUARTER OF SECTION 31,T1S,
��— R6E; AND TRACT GL-3 OF TIFICATE OF SURVEY NO. 12 LOCATED
IN THE SOUTHERN F OF TH ORTHWEST QUARTER OF SECTION
(p�E= 31, T1S, R6E, P GALLATIN CO RY, MONTANA"AND HEREIN
d'm MORE PAR ULULARLY DESCRIBED. p� �Q$Lty p fi DJn r2i1 i5cd
N-sG-O-
WHEREAS,the City of Bozeman received a request for annexation from Montana Fish,Wildlife,&
t T �J Parks, 1400 S. 19°i Avenue,Bozeman,MT 59718, and City of Bozeman, 311 E Main Street,Bozeman MT
59715,owners of the tracts of land,requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include certain contiguous tracts of land legally described as Tracts GL-2&GL-3,located
in the northwest quarter of Section 31, T1 S, R6E, PMM; and Tract GL-3 of Certificate of Survey No. 12,
located in the southern half of the northwest quarter of Section 31,T1 S,R6E,PMM,Gallatin County, State
of Montana; and
WHEREAS,an annexation staff report has been prepared in accordance with the Commission's
goals and policies for annexation and was presented to the Commission on March 5, 2007; and
WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of
intent or public hearing was required; and
WHEREAS, a public meeting on the annexation was duly noticed according to the City's
annexation policy and held on March 5, 2007; and
WHEREAS,on March 5,2007,the Commission authorized and directed staff,upon satisfaction
by the applicant of the terms of approval, to prepare the necessary annexation agreement and other
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documents to proceed with the annexation of the privately held portion of these tracts in accordance with
terms and conditions approved by the Commission; and
WHEREAS, on March 5, 2007, the Commission authorized and directed staff to prepare the
necessary extension of services plan and other documents to proceed with the annexation of the publicly held
portion of these tracts; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way,
easements,water rights or cash in lieu,waivers of protest against creation of SID's and impact fees to said
contiguous tract is the subject of a written agreement between the City of Bozeman and Montana Fish,
Wildlife, &Parks, record owner of the tract; and
WHEREAS,said contiguous tract is the subject of a certificate of survey,filed in the office of the
Gallatin County Clerk and Recorder's Office; and
WHEREAS,the Bozeman City Commission hereby finds that the annexation of this contiguous
tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the
contiguous tract.
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following-
described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified
so as to embrace and include such 81.95 acres of land,to wit,and as further described on Exhibit A,attached
hereto:
A 81.95 acre Tracts GL-2&GL-3,located in the northwest quarter of Section 31,T1 S,
R6E;and Tract GL-3 of Certificate of Survey No.12,located in the southern half of the
northwest quarter of Section 31, Tl S, R6E, PMM, located north of Griffin Drive
between Manley Road and North Rouse Avenue, Gallatin County, Montana; and
Section 2
The effective date of this annexation is January 8, 2008.
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Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated January
8, 2008, by and between the City of Bozeman and Montana Fish, Wildlife, &Parks; and the extension of
services plan prepared for the portion owned by the City of Bozeman.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 7th day of January 2008.
KAAREN JACOB N
Mayor
ATTEST:
STAGY EN
City Clerk
APPROVED AS TO FORM:
PAUL J. W
City Attorney
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Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
EAST GALLATIN RECREATION AREA
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this_�day of ��-+� �''� ,200?,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, and mailing address at P.O. Box
1230,Bozeman,Montana,59771-1230,hereinafter referred to as"City,"and Montana Fish,Wildlife,
& Parks, 1400 South 19,h Avenue,Bozeman,MT 59718,hereinafter referred to as "Landowner."
WITNESSETH:
WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter
referred to as the "EAST GALLATIN RECREATION AREA ANNEXATION," situated in Gallatin
County,Montana, and more particularly described as follows:
Tracts GL-2 & GL-3,located in the northwest quarter of Section 31,T1S,R6E,PMM,
Gallatin County,Montana.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts;
and
WHEREAS, the EAST GALLATIN RECREATION AREA ANNEXATION is not within the
corporate limits of the City of Bozeman or other municipality but is contiguous to the City and may
therefore be annexed to the City in accordance with the provisions of this Agreement and MCA Title 7,
Chapter 2,Part 46;and
WHEREAS,all parties recognize that the annexation of the EAST GALLATIN RECREATION
AREA ANNEXATION pursuant to Section 7-2-4601,et seq.,MCA,will entitle the said property to City
services,including municipal water and sewer service,upon their availability; and
WHEREAS,MCA Section 7-2-4610 provides that a municipality and landowner can agree to
the provision of services to the area to be annexed;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
East Gallatin Recreation area annexation agreement: Page 1 of 10
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WHEREAS, the Landowner swishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the EAST GALLATIN RECREATION AREA
ANNEXATION;and
WHEREAS, all parties recognize that further development of the EAST GALLATIN
RECREATION AREA ANNEXATION will impact Manley Road,and will not require additional public
street improvements;and
WHEREAS, the Landowner finds that this Agreement twill provide for the most satisfactory
and dependable water supply or service available to furnish water and provide traffic circulation for
development near and within the EAST GALLATIN RECREATION AREA ANNEXATION;and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply and traffic circulation pattern for the City as it now
exists and as it is reasonably expected to enlarge;and
WHEREAS, the securing of an adequate water supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto;and
WHEREAS, the parties have determined that it is in the best interests of the City and the
Landowner,and in furtherance of the public health,safety,and welfare of the community to enter into
and implement this Agreement.
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 EAST GALLATIN RECREATION
AREA ANNEXATION with the City on December 18,2006. By execution of this Agreement,the City
has manifested its intention to annex the subject property pursuant to the terms and conditions of this
Agreement. Subject to the provisions of Title 7,Chapter 2,Part 46,the City shall,upon execution of
this Agreement, adopt a Resolution of Annexation of the EAST GALLATIN RECREATION AREA
ANNEXATION to the City. Further,upon the execution of this Agreement,the Landowner shall do all
things necessary and proper to aid and assist the City in carrying out the terms, conditions, and
provisions of this Agreement and effectuate the annexation of the EAST GALLATIN RECREATION
ANNEXATION tracts to the City.
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East Gallatin Recreation Area Annexation Agreement: Page 2 of 10
3. Services Provided
The City will,upon annexation,make available only existing City services to the extent currently
available, including municipal water service, municipal sewer service, police protection, and fire
protection, to the EAST GALLATIN RECREATION AREA ANNEXATION, 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 13.12, Bozeman Municipal Code, or as may be
amended,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 EAST GALLATIN RECREATION AREA
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 EAST GALLATIN
RECREATION AREA ANNEXATION to include, but not limited to, any impact fees, hook-up,
connection, or development charges which may be established by the City. Upon availability of
service, any existing residences/businesses on the property must be connected to City water
and sewer utilities. The existing on-site treatment systems must be properly abandoned and
certification provided the abandonment occurred. Any wells presently used for domestic
purpose can be retained for irrigation only with no physical connection to domestic water
Pipes•
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, or as may be
amended,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 EAST GALLATIN RECREATION AREA
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 EAST
GALLATIN RECREATION AREA ANNEXATION to include, but not limited to, any impact fees,
hookup,connection,or development charges which may be established by the City.Upon availability
of service,any existing residences/businesses on the property must be connected to City water
and sewer utilities. The existing on-site treatment systems must be properly abandoned and
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certification provided the abandonment occurred. Any wells presently used for domestic
purpose can be retained for irrigation only with no physical connection to domestic water
piping.
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 anticipated average annual
consumption of water by residents and/or users of the 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 in excess of
ten (10) acres, this policy shall be carried out prior to final plat approval of each development
phase.
-Section 2,No.5,Commission Resolution 3907,Adopted August 24,2006
The EAST GALLATIN RECREATION AREA ANNEXATION consists of approximately 81.95
acres. The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
EAST GALLATIN RECREATION AREA ANNEXATION, consisting of a total of 81.95 acres,
shall provide water rights or cash-in-lieu prior to final subdivision plat approval, final site plan
approval,or issuance of building permits,whichever comes first.
The Landowner shall provide sufficient cash-in-lieu as calculated by the City Engineer in
accordance with its policy at the time of calculation.The Landowner further understands that the City
will calculate the average annual diversion requirement necessary to provide water to this annexation
tract on the basis of the zoning designation and/or City-approved development for the property at the
time such calculation is made.
7. Comprehensive Water and Sewer Design Report
The applicant is advised that substantial limitations for growth exist in the wastewater collection
system for this property,which will need to be addressed in conjunction with development of the parcel.
Prior to development of the subject annexation, the applicant's engineer will be required to
prepare a comprehensive design report evaluating the existing capacity of both the water and sewer
utilities. The report must include hydraulic evaluations of each utility for both existing and post
development demands. The report findings must demonstrate that adequate capacity is available to
serve full development of the annexation area.
If adequate water and/or sewer capacity is not available for the full development, the report
must identify the water and sewer system improvements required to provide the necessary capacity.
Any improvements necessary to serve the full development must be in place prior to further
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development of the site.
8. Future Development and/or Subdivision
Landowner understands and agrees that there is no right,either granted or implied by the City,
for the Landowner to develop any of the EAST GALLATIN RECREATION AREA ANNEXATION until
it is verified by the City that necessary municipal services,including but not limited to police and fire
protection, are available to all or a portion of the EAST GALLATIN RECREATION AREA
ANNEXATION. The Landowner is hereby on notice of the following requirements upon further
development or subdivision of the EAST GALLA7FIN RECREATION AREA ANNEXATION:
a) Prior to future development,the applicant will be responsible for installing any facilities
required to provide full municipal services to the property in accordance with the City of
Bozeman's infrastructure master plans and all city policies that may be in effect at the
time of development.
b) The existing structures shall be connected to municipal water and sewer upon further
development of the property or once instructed by the City of Bozeman.
9. Existing Non-Conforming Uses
The Landowner understands and agrees that whenever a lawful nonconforming use of a
building, structure, or land is discontinued for a period of 90 days, any future use of the building,
structure, or land shall be in conformity with the provisions of this title.
10. Impact Fees
Landowner(s) hereby acknowledge that annexation and development of their property will
impact the City's existing street,water,and sewer infrastructure,and fire service capacities. At the time
of connection to the City's water and sewer facilities,the landowners shall pay all applicable water and
sewer impact fees.The applicants should be made aware that at the time of any further development on
the properties, the land owners and their successors shall pay all additional impact fees required by
Chapter 3.24, Bozeman Municipal Code.
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection of the EAST GALLATIN RECREATION AREA ANNEXATION tract to
municipal services which are wholly attributable to the property are"project related improvements"as
defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for
impact fee credits.
If Landowner shall default 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 Landowner of
such default, City may at their option:
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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 Landowner for the collection of
such sums,including the entry of any judgment. In addition,the City may,at its option,
enforce payment of such amounts by levying an assessment on the premises.
b) Elect any other remedy available to City under the laws of the State of Montana.
c) Any waiver by City of any default shall not be construed as a waiver of any subsequent
default.
d) The Landowner and the City intend and agree that their obligations under this
agreement are fully contractual in nature, and that the validity of their financial
obligations set forth herein are not dependent upon the validity, application, or
interpretation,of any portion of the Bozeman Municipal Code, or any other law.
11. Stornnwater Master Plan
Landowner understands and agrees that prior to development of the EAST GALLATIN
RECREATION AREA ANNEXATION,a stormwater drainage and grading plan shall be provided to and
approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the
public streets and all future lots will be achieved by providing spot elevations, flow direction arrows,
detention and/or retention basin details(including basin sizing calculations and basin typical sections),
outlet structure details, and culvert capacity calculations. The plan must also locate and provide
easements for adequate drainage ways within the annexation area to transport treated runoff to the
stormwater receiving channel.
12. Traffic Analysis Report
If required by the Engineering Department, the landowner shall provide a detailed Traffic
Impact Analysis Report(s) prior to future development of any portion of the annexed property.
13. Parks, Open Space and Trails
The landowner understands and agrees that to achieve the goals and objectives set forth in the
Bozeman 2020 Community Plan,any contiguous parks,open space,and/or trails shall be extended to
the annexed property,and a master plan of said parks,open space and trails shall be provided with the
signed annexation agreement.
15. Master Plan
The landowner acknowledges and agrees that future development will comply with the goals and
policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for
implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan
for both community and neighborhood design, a Master Plan of the land use patterns and types for
development of the property that addresses compatibility with and sensitivity to the immediate
environment of the site and the adjacent neighborhoods relative to architectural design,building mass
East Gallatin Recreation Area Annexation Agreement: Page 6 of 10
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and height,neighborhood identity,landscaping,historical character,orientation of buildings,and visual
integration shall be provided with the signed annexation agreement. Special attention to the provision
of adequate buffering, between the subject property and the residential uses to the west, will be of
utmost importance.
17. Utility Easements
Landowner understands and agrees that utility easements,a minimum of 30 feet in width,will 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 during the appropriate
development procedure,but in no event later than the filing of any final plat or site plan or issuance of a
building permit on any of the parcels.
18. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin County
Clerk and Recorder prior to the sale of any land within the EAST GALI.ATIN RECREATION AREA
ANNEXATION. The parties further agree that the City may file these documents at any time.
19. 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 concerning this Agreement,venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
20. 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.
23. 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 same or any other term, covenant or agreement.
No covenant, term or agreement shall be deemed waived by either party unless waived in writing.
24. Invalid Provision
The invalidity or unen£orceability 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. I
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25. Modifications or Alterations
No modification or amendment of this agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
26. 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.
27. 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.
28. 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.
The undersigned Landowners affirms that they have authority to enter into this Agreement on
behalf of their partnership,and to bind the partnership to this Agreement.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the
day and year first above written.
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LANDOWNER
M.JOKH2W,Director
Montana Fish,Wildlife,&Parks
STATE OF T'ko N I /A N� )
ss.
County of ;uj S C&VAI)
On this day of &4&-*-- 2007,before me,a Notary Public for the State of
Montana, personally appeared M. Jeff Hagener, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same.
i 1 # 'r
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written. _,p
AQQO �"' Wq,Q� D1. ka.v.s-�..-_
R/q� �� 'bsrlh I.. WMAL&N (Print Name Here)
Notary Public for the State of Montana
SEA A L- � Residing at ("o v.a
My Commission Expires: !!-la-Z.a/a
(Use 4 digits for expiration year)
OPJ
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East Gallatin Recreation Area Annexation Agreement: Page 9 of 10
CITY OF BOZEMAN
Chris A. Kukulski
City Manager
ATTEST
u�
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin )
t n '
On this day of V QO�,bef me,a Notary Public for
the state of Montana,personally appeared Chris A.Kulkulski an ,known to me to
the persons described in and who executed the foregoing instrume City nt a Manager and City Clerk
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�V*WkR¢�Ir/have hereunto s d an my Notarial Seal the day
and year first above V'htten. `�---
t<,;. _ �'C�rtie Here)
w otary Pub ' for the State
o ntana
~ b��
T(Seal)'; Residing at
My Commission the
v
(Use 4 digits for expiration year)
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East Gallatin Recreation Area Annexation Agreement: Page 10 of 10
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City of Bozeman-City Clerk
R9. Box 1230
Bozeman, NIT 59771-1230
COMMISSION RESOLUTION NO. 4010 Corre,cW 41.1 a01+
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND TO SAID CITY,KNOWN AS"TRACTS GL-1,
GL-2, &GL-3 OF CERTIFICATE OF SURVEY NO. 1221,LOCATED IN THE
WESTERN HALF OF SECTION 31, T1S, R6E, PMM, GALLATIN COUNTY,
MONTANA" HEREIN MORE PARTICULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Montana Fish,Wildlife,&
Parks, 1400 S. 1911' Avenue, Bozeman, MT 59718, and City of Bozeman, 311 E Main Street, Bozeman MT
59715, owners of the tracts of land,requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include certain contiguous tracts of land legally described as Tracts GL-1,GL-2, &GL-3 of
Certificate of Survey No. 1221,located in the western half of section 31,T1 S,R6E,PMM,Gallatin County,
Montana;and
WHEREAS, an annexation staff report has been prepared in accordance with the Commission's
goals and policies for annexation and was presented to the Commission on March 5,2007;and
WHEREAS,the parcel being annexed under Title 7,Chapter 2,Part 46 MCA no resolution of intent
or public hearing was required;and
WHEREAS,a public meeting on the annexation was duly noticed according to the City's annexation
policy and held on March 5,2007;and
WHEREAS,on March 5,2007,the Commission authorized and directed staff,upon satisfaction by
the applicant of the terms of approval,to prepare the necessary annexation agreement and other documents to
proceed with the annexation of the privately held portion of these tracts in accordance with terms and
conditions approved by the Commission; and
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