HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - C21. Resolution 4870, Baxter Meadows Land Partners Annexation1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Adoption of Resolution 4870, Completion of the Baxter Meadows Land Partners
Annexation and Authorization of City Manager’s Signature on the Annexation
Agreement, Application 17433. MEETING DATE: June 4, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission adopt Resolution 4870 and authorize the City
Manager to sign the Annexation Agreement on behalf of the City, application 17433.
BACKGROUND: The City Commission conducted a public hearing on November 6, 2018 for
Application 17433 and preliminarily approved the Peterson 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 property has changed ownership and the title of the annexation
agreement reflects the change in ownership. The new property owner 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 4870, 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 4870 Annexation Agreement
Exhibit Map
Report compiled on May 14, 2018
Commission Memorandum
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Page 1 of 4
RESOLUTION NO. 4870
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 Baxter
Meadows Land Partners, LLC requesting the City Commission to extend the boundaries of the City
of Bozeman so as to include an area of land containing 5.036 acres, located at 3221 Baxter Lane;
and
WHEREAS, William and Diane Peterson were the current landowner of record of real
property 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 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
6, 2017; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
November 6, 2017; and
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WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on November 6, 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 known as 3221 Baxter Lane and 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; and
WHEREAS, ownership of the property has transferred to Baxter Meadows Land Partners,
LLC who desire to complete the approved annexation and have executed the annexation agreement
subject to the same terms as were approved initially; 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
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Resolution 4870, Baxter Meadows Land Partners Annexation
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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 5.036 acres, to wit:
Legal Description
An area of land described as follows:
A tract of land, said tract being the South Half of the Southwest Quarter of the
Southwest Quarter of the Southwest Quarter of Section 35, Township 1 South, Range 5
East, Principal Meridian Montana, Gallatin County Montana as said tract is shown on
the survey recorded on Film 22, Page 966 of Gallatin County records, the tract being
more particularly described as follows:
Beginning at the southwest corner of said Section 35; thence North 00°16'16" East, on
the west line of said section, a distance of 331.68 feet; thence North 89°44'44" East, on
the north line of said survey recorded on Film 22, Page 966, a distance of 661.58 feet;
thence South 00°17'57" West, on the east line of said survey,· a distance of 331.56 feet;
thence South 89°44'05" West, on the south line of Section 35, a distance of 661.42 feet
to the Point of Beginning.
The described tract has an area of 5.036 acres, more or less. The described tract is as
shown on the accompanying plat and is along with and subject to any existing
easements.
Section 2
The effective date of this annexation is June 11, 2018.
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Resolution 4870, Baxter Meadows Land Partners Annexation
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 4th day of June, 2018.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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