HomeMy WebLinkAbout02-06-17 CC Mtg - C6. Resolution 4717, Kable Subdivision Annexation1
REPORT TO: Mayor and City Commission
FROM: Mitch WerBell, Assistant Planner
Martin Matsen, Director of Community Development
SUBJECT: Resolution 4717, Completion of the Kable Subdivision Annexation and
Authorization of City Manager Signature on the Annexation Agreement for Lots
5-8 in Block 2 of the Kable Subdivision.
MEETING DATE: February 6, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission adopt Resolution 4717 and authorize the City
Manager to sign the Annexation Agreement on behalf of the City.
BACKGROUND: On August 15, 2016 the City Commission continued the public hearing on
Application 16252, the Kable Subdivision Annexation and Zone Map Amendment at the request of the
petitioner (applicant). The City Commission conducted a public hearing on August 22, 2016 for
Application 16252 and preliminarily approved the Kable Subdivision Annexation. The approval was
subject to terms and the preparation of an annexation agreement to address the provision of services.
Staff prepared the required agreement. The petitioner returned the signed agreement and all terms of the
approval have been met.
In order to complete the annexation process it is necessary for the City Commission to authorize the City
Manager to sign the agreement on behalf of the City.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Adopt Resolution 4717, approving the Annexation Agreement as presented and
recommended and authorize the City Manager to sign the agreement.
2) Determine that the prior decision to annex was in error and decline to authorize
the City Manager to sign the agreement.
FISCAL EFFECTS: None
Attachments: Resolution 4717
Annexation Agreement
Exhibit Map
Report compiled on January 10, 2017
Commission Memorandum
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Page 1 of 4
RESOLUTION NO. 4717
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, 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 TRACTS.
WHEREAS, the City of Bozeman received a petition for annexation from Brett Holzer
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
an area of land containing 1.5245 acres, located at 2406 Durston Road and 505, 515 and 525 North
25th
Avenue; and
WHEREAS, Brett Holzer, Margaret Cleary and Leon Liebman are the current landowners
of record of property described as Lots 5-8, Block 2, Kable Subdivision located in the Northeast
Quarter of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana,
requesting the City Commission to extend the boundaries of the City of Bozeman; and
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 August
22, 2016; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
August 22, 2016; and
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
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Resolution 4717, Kable Subdivision Annexation
Page 2 of 4
WHEREAS, an August 22, 2016, the Commission preliminarily approved the annexation
and authorized City Staff and the Landowner to prepare and execute the final annexation agreement
to be presented for consideration at a future City Commission meeting; and
WHEREAS, on February 6, 2017, the Commission reviewed and approved the final
annexation agreement and authorized City Staff and the Landowner to execute the documents; and
WHEREAS, the provision of available services, including, but not limited to, streets,
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 tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, said tracts are known as Lots 5-8, Block 2, Kable Subdivision located in the
Northeast Quarter of Section 11, Township South, Range 5 East, P.M.M., Gallatin County,
Montana, and adjacent right of way for North 25th
Avenue as required by law; 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/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., 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 1.5245 acres, to wit:
Legal Description
An area of land described as follows:
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Resolution 4717, Kable Subdivision Annexation
Page 3 of 4
Lots 5, 6, 7 and 8, Block 2, Kable Subdivision, according to the plat thereof, on file and
of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the
Northeast Quarter of Section 11, Township 2 South, Range 5 East of P.M.M., and that part of
adjacent North 25th
Avenue, all described as follows:
Beginning at the northwest corner of Lot 8, Block 2, said Kable Subdivision; thence
easterly 089°19'40", assumed azimuth from north, 196.07 feet along the north line of said Lot 8
and its easterly extension to the northeast corner of said Kable Subdivision; thence southerly
180°57'43" azimuth 337.19 feet along the east right of way line of North 25th
Avenue; thence
westerly 269°21'00" azimuth 195.92 feet along south line of said Lot 5 and its easterly extension
to the southwest corner of said Lot 5; thence northerly 000°56'14" azimuth 337.11 feet along the
west line of said Lots 5 through 8 inclusive to the Point of Beginning.
Area of Lots 5, 6, 7 and 8 = 46,176 square feet, 1.0601 acres or 4,289.9 square
meters. Subject to existing easements.
Area of adjacent North 25th
Avenue = 20,231 square feet, 0.4644 acres or 1879.5
square meters. Subject to existing easements.
Total area = 66,407 square feet, 1.5245 acres or 6,169.4 square meters. Subject to
existing easements.
Section 2
The effective date of this annexation is February 21, 2017.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 6th
day of February, 2017.
_________________________________
CARSON TAYLOR
Mayor
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Resolution 4717, Kable Subdivision Annexation
Page 4 of 4
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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COUNTY ZONING DISTRICT 1 - R ZONING
EXISTING ZONING: R3
(CITY)
EXISTING ZONING: R3
(CITY)
AREA OF ANNEXATION
R3 ZONING
t
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