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HomeMy WebLinkAbout07-16-18 City Commission Packet Materials - C15. Res. 4871, Costco Annexation Completion and Annex. Agreement1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Adoption of Resolution 4871, Completion of the Costco Wholesale Annexation, 5889 E. Valley Center Road, and Authorization of City Manager’s Signature on the Annexation Agreement, Application 17067. MEETING DATE: July 16, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission adopt Resolution 4871 and authorize the City Manager to sign the Annexation Agreement on behalf of the City, application 17067. BACKGROUND: The City Commission conducted a public hearing on April 10, 2017 for Application 17067 and preliminarily approved the Costco Wholesale 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 owner of the property 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 annexed area is 4.66 acres in size. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adopt Resolution 4871, 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 4871 Annexation Agreement Exhibit Map Report compiled on July 6, 2018 Commission Memorandum 226 Page 1 of 3 RESOLUTION NO. 4871 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 Cutthroat Partners, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 4.66 acres, located at 5889 E. Valley Center Road; and WHEREAS, Cutthroat Partners, LLC were the current landowner of record of real property described as Tract E-1, Certificate of Survey 1827, 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 10, 2017; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on April 10, 2017; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 227 Resolution 4871, 2017 Costco Wholesale Annexation Page 2 of 3 WHEREAS, on April 10, 2017, the Commission approved the annexation and authorized City Staff and the Landowner to prepare and execute the documents required to complete the annexation process; 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 5889 E. Valley Center Road and further described as Tract E-1, Certificate of Survey 1827; and WHEREAS, ownership of said tract has changed to a new owner and the annexation documents have been drafted to reflect the new ownership; 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 0.84 acres, to wit: Legal Description An area of land described as follows: 228 Resolution 4871, 2017 Costco Wholesale Annexation Page 3 of 3 A tract of land in the Northeast Quarter of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, and being more particularly described as Tract E-1, Certificate of Survey 1827, containing 4.66 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 July 17, 2018. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16th day of July, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 229 1406-586-8834 1 ” ” SUBJECT PARCEL: Tract E-1 COS 1827 ·Existing Costco is adjacent to the subject parcel and directly south of it. ·The subject parcel fronts Catamount St. and E. Valley Center Dr. COSTCO ANNEXATION MAP ” ”” ” ” ”” ” ”” ”” ”” 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246