HomeMy WebLinkAboutResolution 4642 Annexation to Extend Corporate Limits of the City City of Bozeman—City Clerk /' 2541393
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COMMISSION RESOLUTION NO. 4642
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A
CERTAIN CONTIGUOUS TRACT OF LAND, TRACT 1, C.O.S. 688, TO
THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE
EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS
TO INCLUDE SAID CONTIGUOUS TRACT.
WHEREAS,the City of Bozeman received a request for annexation from McCray and Delone
Evans, the owners of a tract of land, requesting the City Commission to extend the boundaries of the
City of Bozeman so as to include certain contiguous tract of land lying east of 1524 South Rouse
Avenue„ County of Gallatin, State of Montana; and j
WHEREAS, the McCray and Delone Evans Revocable Trust, was the current landowner of
record of property described as Tract 1 of C.O.S.No. 688, located in the SE'/of Section 18, T2S,R6E,
PMM in Gallatin County Montana, requesting the City Commission to extend the boundaries of the City
of Bozeman; and t
WHEREAS, an annexation staff report was prepared in accordance with the Commission's
goals and policies for annexation and was presented to the Commission on June 7,2010;and
WHEREAS, said annexation petition was considered at a public meeting duly noticed and
held on June 7,2010; and
WHEREAS, one member of the public spoke in regards to said annexation at the public
hearing;and
WHEREAS, the City did not receive any written protest fiom the real property owners of the
area to be annexed;and
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Resolution 464.2,Evans Annexation
WHEREAS, onjLme 7, 2010, the Commission authorized and directed staff,upon satisfaction
by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the
annexation of this tract in accordance with the terms of annexation specified in the staff report; 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 water and sewer
hookup fees,to said contiguous tract as described is the subject of a written agreement between the City
and the McCray and Delone Evans Revocable Trust; and
WHEREAS, with the death of Delone Evans there was a need to revise the signatories to the
agreement and a corresponding delay;and
WHEREAS,said contiguous tract is described as Tract 1 of C.O.S.No. 688, located in the SE
n/4 of Section 18,T2S,R6E,PMM in Gallatin County Montana;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.
NOW,THEREFORE,BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following-
described property,which is contiguous to the municipal boundaries of the City of Bozeman,be annexed
to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and
include such 1..925 acres of land,to wit:
Tract 1 of C.O.S. No. 688, located in the SE V4 of Section 18, T2S, R6E, PMM in
Gallatin County Montana;and more particularly described as follows:
DESCRIPTION OF PRIMARY ANNEXATION TRACT
A tract of land, said tract being Tract 1 of Certificate of Survey No. 688,being located in the Southeast
Quarter of Section 18, Township 2 South,Range 6 East, Principal Meridian Montana, Gallatin County,
Montana and being further described as follows:
Beginning at the northwest corner of said Tract 1;thence South 89'19'34" East, on the north line of
said tract,a distance of 373.26 feet, more or less,to the thread of Bozeman Creek(aka Sourdough
Creek);thence upstream on the thread of said creek, said thread being approximately dimensioned by
the following 3 courses:
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Resolution 4642,Evans Annexation
South 09°41'06" West, a distance of 68.52 feet;
South 24'18'35" West, a distance of 122.36 feet;
South 01°09'10" West, a distance of 69.05 feet,more or less,to the southeast corner of said tract;
thence North 89°06'41" West, on the south line of said tract, a distance of 310.00 feet,more or less, to
the southwest corner of Tract 1;thence North 00°00'07"East, on the west line of said tract, a distance
of 247.66 feet to the Point of Beginning.
The computed area of the described tract is 1.925 acres,more or less. The described tract is along with
and subject to any existing easements.
DESCRIPTION OF ADJACENT EAST LINCOLN STREET R/W
A tract of land, said tract being located in the Southeast Quarter of Section 18,Township 2 South,
Range 6 East,Principal Meridian Montana, Gallatin County,Montana and being further described as
follows:
Beginning at the northwest corner of Tract 1 of Certificate of Survey No. 688;thence North 00°40'26"
East, a distance of 49.50 feet to the north line of Lincoln Street;thence South 89°19'34" East, on the
north line of said right-of-way,a distance of 373.26 feet,more or less,to a point from which the
northeast corner of said Tract 1 bears at right angles southerly 49.50 feet;thence South 00°40'26"
West,a distance of 49.50 feet to said northeast corner of Tract 1;thence North 89'19'34" West, on the
north line of Tract 1, a distance of 373.26 feet,more or less,to the Point of Beginning.
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Section 2
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This resolution of annexation is effective upon passage.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement by and
between the City of Bozeman and McCray Evans owner of said tract of land.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a j
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regular session thereof held on the 5th day of October,2015.
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Resolution 4642,Evans Annexation
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APPWVED AS TO FORM:
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G G SULLIVAN
Clyy Attorney
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Inter-office Original
City Clerk
121 N Rouse Avenue
Bozeman MT 59715
EVANS
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of 04pbek , 2015, by and
between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana
with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and
McRay Evans, 1524 South Rouse Avenue,Bozeman,Montana 59715,hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the
EVANS ANNEXATION tract situated in Gallatin County, Montana, and more particularly described as
follows:
Tract 1, COS No. 688, SE /4 of Sec. 18,T2S,R6E,PMM, Gallatin County, Montana. Said Tract
of land being 1.925±acres more or less along with and subject to any and all existing easements.
WHEREAS,the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the EVANS 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
M.C.A.Title 7,Chapter 2, Part 46.
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Evans Annexation Agreement 1
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WHEREAS, all parties recognize that the annexation of the EVANS ANNEXATION pursuant to
Section 7-2-4601, et seq., M.C.A. will entitle the said property to City services, including municipal water and
sewer service, upon their availability; and
WHEREAS, M.C.A. Section 7-2-4610 provides that a municipality and landowner can agree to the
provisions of services to the area to be annexed; and
WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to
supply reasonably adequate water and sewer service to additional customers outside the present city boundaries;
and
WHEREAS, all parties recognize that the development of the EVANSANNEXATION will impact area
streets, and that future improvements may require additional public street improvements for traffic circulation;
and
WHEREAS,the Landowner wishes to convey to the City certain water rights or take some equivalent
action to provide water and sewer service to the EVANS ANNEXATION, and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service available to furnish water and wastewater collection, and
provide traffic circulation for development near and within the EVANS ANNEXATION, and
WHEREAS, the making and perfonnance of this Agreement is desirable to promote the development
of the most adequate water supply, wastewater collection 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, wastewater collection, and traffic systems by
the City is necessary and of mutual advantage to the parties hereto.
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:
Evans Annexation Agreement 2 g
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1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the EVANS ANNEXATION with the City on
March 15, 2010. By execution of this Agreement,the City has manifested its intention to annex the EVANS
ANNEXATION tract 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 EVANS 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 EVANS ANNEXATION
tract to the City.
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
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the EVANS ANNEXATION, as provided in this Agreement.
4. Municipal Watea•Service Defined f
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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
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and within the EVANS 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 EVANS
ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges j
which have been or may be established by the City.
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5. Municipal Sewer Service Defined
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The terra "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
Evans Annexation Agreement 3
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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 EVANS 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 EVANSANNEXATIONto include,but not limited to,any impact fees,hookup,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 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 Landowner understands and agrees that they must provide sufficient water rights in accordance
with the City's policy according to the following schedule: 1
EVANS ANNEXATION, consisting of a total of 1.925f acres, prior to annexation of'said
lands to the corporate limits of Cite City of Bozeman.
The Landowner shall provide sufficient water rights or 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
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basis of the zoning designation and/or City-approved development for the property at the time such calculation
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is made.
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7. Comprehensive Water and Water Design Report
Prior to future development of the property, beyond the construction of a single family residence, the
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Landowner may be required 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 �r
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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 1
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Evans Annexation Agreement 4
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infrastructure capacity is not available for full development, the report must identify necessary system
improvements required for full development. The Landowner agrees to complete at Landowner's expense, the
necessary system improvements to serve the full development.
S. Future Development Limitations
Landowner understands and agrees 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. The future developer will be responsible for installing any facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all city policies and
guidelines that may be in effect at the time of development. Thus,Landowner understands and agrees that there
is no right, either granted or implied by the City, for the Landowner to develop any of the EVANS
ANNEXATTON until it is verified by the City that necessary municipal services, including but not limited to
police and fire protection, and sewer and water capacity, are available to all or a portion of the EVANS
ANNEXATION. Notice is provided that that prior to development of the property, beyond the
construction of a single family residence, the developer will be responsible for installing any facilities
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required to provide full municipal services to the property in accordance with the City"s infrastructure
Master Plan, adopted Growth Policies, and all city policies and guidelines that may be in effect at the
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time of development. This may include, but not be limited to, construction/extension of E. Lincoln
Street and sewer and water main extensions.
9. Stormwater Master Plan
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Landowner understands and agrees that a Stormwater Master Plan for the EVANS 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. The
master plan, if required, must depict the maximum sized retention/detention basin location and locate and
provide easements for adequate drainage was within the area to transport runoff to the s rm r p q g y p to wale receiving
channels). 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.
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Evans Annexation Agreement S
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10. Waiver of Rip_ht-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for
maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District,and Waivers
of Right-to-Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for such parks, is attached hereto as Exhibit"A", and is hereby
incorporated in and made a part of this Agreement.
Landowner agrees that in the event an S.I.D. is not utilized for the completion of these improvements,
the developer agrees to 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. Utilily Easements
The Landowner understands and agrees that utility easements, a minimum of 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 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 parcels). j
12. Impact Fees II
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Landowner hereby acknowledges that annexation and development of their property will impact the
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City's existing street, water and sewer infrastructure, and fire service requirements. At the time new structures
apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees,
which are due. The Landowner and their successors shall pay all Fire, Street, Water and Sewer Impact Fees ti
required by Chapter 3.24 of the Bozeman Municipal Code as amended.
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Landowner further understands and agrees that any improvements, either on- or off-site, necessary to 1j
provide connection of Annexation Tracts 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 f
such,are not eligible for impact fee credits.
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Evans Annexation Agreement 6 h
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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.
C) Any waiver by City of any default shall not be construed as a waiver of any subsequent
default.
13. Annexation of Adjacent Rip_ht-of-Way
In order to comply with state law requirements regarding the annexation of adjacent right-of ways, the
Final Annexation Map and legal metes and bounds descriptions shall include the full width of the existing
County Road easement for the E. Lincoln Street right-of-way. Note that the metes and bounds descriptions for
adjacent right-of-way must be described separately from that of each parcel. The Landowner is responsible for
obtaining any required affidavits or signatures from Gallatin County for annexation of county right-of-way.
14. 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 with the EVANS ANNEXATION. The parties further agree that the
City may file these documents at any time.
15. Governing Law and Venue
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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
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In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any
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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.
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17. Waiver
Evans Annexation Agreement 7
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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.
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.
22. 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.
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The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind
themselves to this Agreement
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IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
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Evans Annexation Agreement 8
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LAN-DOWNER
WNER
McR Evans,
STATE OF MONTANA }
:SS
COUNTY OF GALLATIN )
On this day of ,2015,before me, a Notary Public for the State of
Montana, personally appeared McRay f3vans, known to me to be the person that executed the foregoing
Annexation Agreement,and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
M
(SEAL) ...
•• (Printed Name Here
NEDY
�'10 Akf'',';� NOTARY UBIA ', c r he y for the State of Montana
a ` Notary Public
STATE OF MONTANA Residing at
SEAL Residing Residing at Bozeman,Montana
MVP My Commisslon Expires My Commission Expires:
•. , i0•• August 04,2ots (Use 4 digits for expiration year)
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Evans Annexation Agreement 9
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CITY OF BOZEMAN
N�- A 2
By: CHRIS A. KUKULSKI,City Manager
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•`h''tY�k a e o o 0�0
ATTECitl(0�7
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STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this,-day of 0hrmm ,2015,before me,a Notary Public for the state of
Montana,personally appeared Chris Kukulski and Stacy Ulmen,known to me to the persons described in and
who executed the foregoing instrument as City 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 WHEREOF, I have hereunto set y hand and affixed my official seal the day and year first
above written.
e3Ft�, AL EATHER BIENVENIJE
�ctf Notary Publlo
' Por the State at Montana
TAR1A G=
�'O ;m= ReaidlMontana -inted Name Here)
Ey()OM any Notary Public for the State of Montana
���? My Comm4ssion Expires:
oFMo,>>' January 26,2018 Residing at
My Commission Expires: €,
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Evans Annexation Agreement 10
EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
Tract 1, COS No. 688, SE '/4 of Sec. 18, T2S,R6E, PMM, Gallatin County, Montana. Said Tract
of land being 1.9251 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 \vitlt 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 owner has waived and do hereby waive for itself, its
successors and assigns, 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.
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This waiver shall be a covenant running with the land and shall not expire with the dissolution of the
corporation,provided however this waiver shall apply to the lands herein described.
The terms covenants and provisions of the Waiver shall extend to and be binding
g upon the successors-
in-interest and assigns of the parties hereto.
DATED this day of Odybm ,2015.
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Evans Annexation Agreement 11
LANDOWNER
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Mclaay Evans
STATE OF MONTANA )
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COUNTY OF GALLATIN }
On this day of ,2015,before me,a Notary Public for the State of
Montana, personally appeared McRay Evans,known to the to be the person that executed the foregoing
Annexation Agreement, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
(Printed Name Here)
��••^ Notary Nota Public for the State of VlAntana
ALICIA KENNEDY
NOTARY PUBLIC for the Residing at ' :},.,fn�qc
STATE OF MONTANA �r.`- }
§ st�L, Residing at Bozeman,Montana My Commission Expires: -
My Commission Expires (Use 4 digits for expiration year)
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