HomeMy WebLinkAbout03-19-18 City Commission Packet Materials - C8. Resolution 4890, Starner Annexation1
REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Adoption of Resolution 4890 Completion of the Starner Annexation and Authorization of City Manager’s Signature on the Annexation Agreement, Application 17187. MEETING DATE: March 19, 2018
AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission adopt Resolution 4890 and authorize the City
Manager to sign the Annexation Agreement on behalf of the City, application 17187.
BACKGROUND: The City Commission conducted a public hearing on November 20, 2017 for Application 17187 and preliminarily approved the Starner 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 4890, 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 4890 Annexation Agreement Exhibit Map
Report compiled on February 27, 2018
Commission Memorandum
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Page 1 of 4
RESOLUTION NO. 4890
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 TKA Properties
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
an area of land containing 2.02 acres, located at the southwest corner of Reeves Road East and
Campbell Road; and
WHEREAS, TKA Properties is the current landowner of record of real property described
as Section 26, Township 1 South, Range 5 East, Block 2, Lot 3, Walker Subdivision, Bozeman
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 November
20th, 2017; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
November 20th, 2017; 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 4890, Starner Annexation
Page 2 of 4
WHEREAS, on November 20th, 2017, the Commission approved the annexation and
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 described as Lot 3, Block 2, and a portion of the Campbell
Road Right-of-Way of the Walker Property Subdivision, Plat J-164 located in the Southeast One-
Quarter of Section 26 and the Southwest One-Quarter of Section 25, Township 1 South, Range 5
East, P.M.M.., 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 2.658 acres, to wit:
Legal Description A tract of land being Lot 3, Block 2, and a portion of the Campbell Road Right-of-Way of the Walker Property Subdivision, Plat J-164 located in the Southeast
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Resolution 4890, Starner Annexation
Page 3 of 4
One-Quarter of Section 26 and the Southwest One-Quarter of Section 25,
Township 1 South, Range 5 East, P.M.M. more particularly described as follows; Beginning at the Southwest Corner of Lot 3, Block 2; thence along the East Right of Way boundary of 19th Avenue N12°19'53"E, a distance of 24.01 feet to a point;
thence along a spiral curve being the East Right of Way boundary of 19th Avenue with a chord bearing of N09°44'47"E, and a chord length of 268.12 feet to a point; thence along said 19th Avenue Right of Way, along a curve concave to the West 181.44 feet, having a radius of 1094.93 feet, a delta angle of 9°29'40", a chord bearing of N00°05'02"E, and having a chord length of 181.23 feet, to a point;
thence along a curve concave to the South 347.68 feet, having a radius of 990.21 feet, a delta angle of 20°07'03", a chord bearing of S62°26'40"E, and having a chord length of 345.90 feet to a point; thence along the Eastern Right of Way boundary of Campbell Road, S24°50'01"W, a distance of 109.27 feet to a point;
thence continuing along the Eastern Right of Way boundary of Campbell Road, along a curve concave to the Northwest 356.50 feet, having a radius of 1744.28 feet, a delta angle of 11°42'37", a chord bearing of S30°41'19"W, and having a chord length of 355.88 feet, to a point; thence along the Northern Right of Way boundary of US Highway 10,
N53°27'23"W, a distance of 161.71 feet to the point of beginning containing 2.658 acres more or less. SUBJECT to all easements of record or apparent from a visual inspection of the
property.
Section 2
The effective date of this annexation is April 12, 2018.
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Resolution 4890, Starner Annexation
Page 4 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 19th day of March, 2018.
_________________________________
CYNTHIA L. ANDRUS Mayor ATTEST:
_________________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
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