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HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - C22. Resolution 4903, Smith Subdivision Annexation1 REPORT TO: Mayor and City Commission FROM: Melissa Pope, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Adoption of Resolution 4903 Completion of the Lot 3, Tract 7 Smith Annexation and Authorization of City Manager’s Signature on the Annexation Agreement, Application 17556. MEETING DATE: June 4, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission adopt Resolution 4903 and authorize the City Manager to sign the Annexation Agreement on behalf of the City, application 17556. BACKGROUND: The City Commission conducted a public hearing on April 16, 2018 for Application 17556 and preliminarily approved the Lot 3, Tract 7 Smith 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. The original agreement will be provided to the City Clerk and a copy of the agreement has been uploaded to the City Commission agenda material packet. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adopt Resolution 4903, 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 4903 Annexation Agreement, copy Exhibit Map Report compiled on May 29, 2018 Commission Memorandum 393 Page 1 of 3 RESOLUTION NO. 4903 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 Bellwether Renovations, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 0.52 acres, located at 525 Valley Drive; and WHEREAS, Bellwether Renovations, LLC is the current landowner of record of real property described as Smith Subdivision, S11, T02 S, R05 E, Lot 3, Rearrangement of Tract 7, 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 April 16th, 2018; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on April 16th, 2018; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 394 Resolution 4903, Lot 3 Tract 7 Smith Subdivision Annexation Page 2 of 3 WHEREAS, on June 4th, 2018, 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 Smith Subdivision, S11, T02 S, R05 E, Lot 3, Rearrangement of Tract 7, 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 0.52 acres, to wit: Legal Description The property is located at 525 Valley Drive. The property is further described as: A tract of land being Lot 3, Rearrangement of Tract 7 of the Smith Subdivision, situated in the S11, T02 S, R05 E, Gallatin County, Montana, P.M.M. containing 0.52 acres. 395 Resolution 4903, Lot 3 Tract 7 Smith Subdivision Annexation Page 3 of 3 Section 2 The effective date of this annexation is June 4, 2018. 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 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415