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HomeMy WebLinkAbout01-08-18 City Commission Packet Materials - C11. Resolution 4869, 2017 2nd High School Annexation and Agreement1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Adoption of Resolution 4869 Completion of the 2017 2nd High School Annexation and Authorization of City Manager’s Signature on the Annexation Agreement, Application 17454. MEETING DATE: January 8, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission adopt Resolution 4869 and authorize the City Manager to sign the Annexation Agreement on behalf of the City, application 17454. BACKGROUND: The City Commission conducted a public hearing on November 13, 2017 for Application 17454 and preliminarily approved the 2017 2nd High School 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 4869, approving the Annexation Agreement as presented and recommended and authorize the Interim City Manager to sign the agreement. 2) Determine that the prior decision to annex was in error and decline to authorize the Interim City Manager to sign the agreement. FISCAL EFFECTS: None Attachments: Resolution 4869 Annexation Agreement Exhibit Map Report compiled on January 2, 2018 Commission Memorandum 150 Page 1 of 3 RESOLUTION NO. 4869 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 the Bozeman High School District No. 7 requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 36.896 acres, located south east of the intersection of N. Cottonwood Road and W. Oak Street when extended; and WHEREAS, Bozeman High School District No. 7 is the current landowner of record of real property described as Tract 1A2 of Certificate of Survey No. 2554B located in the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, 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 November 13, 2017; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 13, 2017; and 151 Resolution 4869, 2017 2nd High School Annexation Page 2 of 3 WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on November 13, 2017, the Commission approved the annexation and directed City Staff to prepare an annexation agreement and the Landowner has executed the document; 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 Tract 1A2 of Certificate of Survey No. 2554B located in the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, 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 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 36.896 acres, to wit: Legal Description An area of land described as follows: 152 Resolution 4869, 2017 2nd High School Annexation Page 3 of 3 A tract of land, said tract being Tract 1A2 of Certificate of Survey No. 2554B, being located in the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County Montana, said tract being further described as follows: Beginning at the west quarter corner of said Section 3; thence South 89°50'13" East, on the north line of said Southwest Quarter, a distance of 1321.67 feet; thence South 01°10'34" West, on the east line of said Certificate of Survey No. 2554B, a distance of 1181.93 feet; the following 5 courses are on the south line of said survey and on the north line of Annie Street: thence North 89°52'39" West, a distance of 780.85 feet; thence on a curve to the left with a radius of 337.00 feet, a central angle of 30°14'31", an arc length of 177.88 feet, having a chord which bears South 75°00'06" West, 175.82 feet; thence South 59°52'50" West, a distance of 104.94 feet; thence on a curve to the right with a radius of 263.00 feet, a central angle of 30°14'31", an arc length of 138.82 feet, having a chord which bears South 75°00'06" West, 137.21 feet; thence North 89°52'39" West, a distance of 149.35 feet; thence North 01°07'40" East, on the west line of said Section 3, a distance of 1317.38 feet to the Point of Beginning. The described tract has an area of 36.896 acres, more or less. The described is as shown on the accompanying plat and is along with and subject to any existing easements. Section 2 This resolution and annexation are effective upon passage. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of January, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198