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
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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
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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.
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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
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