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HomeMy WebLinkAbout016_Exception 9.City Access Agreement.2018.06.12 Original to: City of Bozeman City Clerk 2616302 PO Box 1230 Bozeman,MT 59771-1230 CharlottefMills 06Ca2 l2 018 03 25:46MPM Fee: $49 ISC 1111i1111111 Ill 11111i1111111111111111ll 4111I1111 1111i V 11111111111111I11111111111111 BAXTER MEADOWS LAND PARTNERS ACCESS AGREEMENT THIS AGREEMENT made and entered into this 247"day of MRRCA .2018, by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State of Montana with offices at 121 North Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and BAXTER MEADOWS LAND PARTNERS, LLC, 1356 North Chancey Lane, Midway, UT 84049, hereinafter referred to as "Landowner". WITNESSETH; WHEREAS, Landowner is owner in fee of a tract of certain real property,hereinafter referred to as the BAXTER MEADOWS LAND PARTNERS ANNEXATION situated in Gallatin County,Montana,and more particularly described as follows: The property is located at 3221 Baxter I.ane.The(Property)is further described as: A tract of land being the S1/2 SW1/4 SW1/4 SW1/4 of Section 35, Township 1 South Range 5 East, Gallatin County, Montana containing 5 acres. WHEREAS, Landowner petitioned the City for annexation to the City of said tract of land; and Baxter Meadows Land Partners Access Agreement Pagel of 7 i 2616302 Page 2 of 7 06/12/2018 03:25:46 PM WHEREAS, the City has adopted access spacing restrictions along arterials streets such as Baxter Lane and Davis Lane as set forth in Section 38.24.090,BMC; and WHEREAS, the configuration of the BAXTER MEADOWS LAND PARTNERS ANNEXATION is such that it has dimensions that are less than the required access separation from the intersection of Baxter Lane and Davis Lane and the intersection of Windward Avenue and Baxter Lane;and WHEREAS,the future extension of Windward Avenue east of the BAXTER MEADOWS LAND PARTNERS ANNEXATION will provide a correctly spaced access point onto Windward Avenue;and WHEREAS, the property where Windward Avenue will be extended north of Baxter Lane has not yet been annexed;and WHEREAS,the Landowner and City mutually desire to allow access to the BAXTER MEADOWS LAND PARTNERS ANNEXATION in a manner that is effective in both the short and long term and will be consistent with the City's regulations;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. WITNESSETEL, IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1..Recitals Baxter Meadows Land Partners Access Agreement Page 2 of 7 2616302 Page 3 of 7 06/12/2018 03:25:46 PM The above recitals are true and correct. 2.Access Restrictions Section 38.24.090, BMC restricts the placement of accesses onto public streets. The long term development of the BAXTER MEADOWS LAND PARTNERS ANNEXATION and adjacent properties will be benefited by a coordinated access approach.Paragraph H of BMC Section 38.24.090 allows for modification of the established access spacing standards when certain factors are reviewed and addressed.The City and Landowner understand and agree that not more than one access will be provided to the Property from Baxter Lane and one access from Davis Lane.The accesses may have restricted movements if deemed necessary for public safety by the City. At the time of development of the Property and upon submittal of a site plan or subdivision application,the Landowner must provide an access analysis for any access onto Davis Lane or Baxter Lane per BMC Section 38.24.090.H.3, and the City will review recommendations of that analysis and decide final access configurations. 3.Access Relocation The Landowner will at the time Windward Avenue is extended north of Baxter Lane relocate its access from Baxter Lane to Windward Avenue at the Landowner's expense. After the adjacent property to the north is annexed and upon development of the annexed property to the north,the Landowner must relocate its access along Davis Lane to a shared access point with adjacent property to the north. The Landowner must provide a mutual access easement for the benefit of the property owner to the north a minimum width of seventeen and one-half(17.5) feet consistent with one half the minimum throat width of a Baxter Meadows Land Partners Access Agreement Page 3 of 7 2616302 Page 4 of 7 06/12/2018 03:25:46 PM non-residential driveway approach defined in the City of Bozeman Standard Drawing SD 02529-12 upon executing this Agreement. 4.Cost Share The Landowner will reimburse the developer of the extension of Windward Avenue for the portion of the project equal to the western half of the street from Baxter Lane to the northern boundary of the BAXTER MEADOWS LAND PARTNERS ANNEXATION at the time of completion of construction of Windward Avenue. S.Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the BAXTER MEADOWS LAND PARTNERS ANNEXATION. The parties further agree that the City may file these documents at any time. 6-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. 77.Attarn.ey'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. 8.Waiver Baxter Meadows Land Partners Access Agreement Page 4 of 7 2616302 Page 5 of 7 06/12/2018 03:25:46 PM 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. 9, 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. 10.Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 11. No Assignment It is expressly agreed that Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 12,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. 13.Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the BAXTER MEADOWS LAND PARTNERS ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. Baxter Meadows Land Partners Access Agreement Page 5 of 7 2616302 Page 6 of 7 06/12/2018 03:25:46 PM The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED this 2Jday of MARIC.N ,2018. LANDOWNER 8111 Turnbull BAXTER MEADOWS LAND PARTNERS, LLC QMIA STATE OFF ] :ss COUNTY OF ga—L .C) On this_2�day of 1MAgakl . 2018, before me, the undersigned,a Notary Public for the State of Pdpntam, personally appeared Bill Turnbull, known to me to be the MA ArmEEL USN of Baxter Meadows Land Partners, LLC that executed the within instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) �a,,1SC,1�Lr iL 1 RUSSELL B POULSEN (Printed Name Here) Notary Public-StateofUTA Notary Public for the State of ta s Comm.No.646171 sc My Commission Expires on Residing at i&w,ANO 0 �r Aug 18,2021 My Commission Expires:.Aig 1$-7&Z( (Use 4 digits for expiration year) Baxter Meadows Land Partners Access Agreement Page 6 of 7 2616302 Page 7 of 7 06/12/2018 03:25:46 PM DATED this day of 2018. CITY OF BOZEMAN U�ih Andrea Surratt City Manager ATTEST: B 4 ,�, • -ter\} A-� ••,�. Ro in Crough 9�•• 1883 :cam- Gtt�Clerk^ TIN co ' STATE OF MONTANA ) :ss COUNTY OF &11r�,1� ) On this tk day of 2018, before me, the undersigned,a Notary Public for the State of Montana, personally appeared Andrea Surratt and Robin Crough known to me to be the persons described in and who executed the foregoing instrument as City Manager and`�le k of the City r^mm ��:�respectively, of the City of Bozeman, whose names are subscrI the within instrument and acknowledged to me that they executed the same for an 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. (' ,.. BRENOA S \\ A .°°�!1a"•8`�'FF,(�, Notary Puhtlo (Printed Name Here) _ Vim"aOtAR(��. for the State of Montana Notary Public for the State of _ � —•— - Reeldlna at: * .SEAL. *= Bozeman,Montana Residing attEr7e�,�a _ r MycommwlonExp►res: M Commission Ex Tres: �, „,•,, vecembarox,2o1s (Use 4 digits for expiration year) jg Baxter Meadows Land Partners Access Agreement Page 7 of 7