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
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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
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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:
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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
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1406-586-8834 1
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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
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