HomeMy WebLinkAbout09-24-18 City Commission Packet Materials - C4. Res. 4956, Ziegler Annexation and Annexation Agreement1
REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Adoption of Resolution 4956, the Ziegler Zone Annexation of approximately 3.12 acres at 703 Bridger Drive, and authorize the City Manager to sign the annexation agreement and easement. Application 17423 MEETING DATE: September 24, 2018
AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 4956, a resolution to annex into the City of Bozeman 3.12
acres located at 703 Bridger Drive. The property consists of one parcel of land. The legal description
and a map of the property are attached. The applicant has met all terms of annexation.
BACKGROUND: The applicant submitted application 17423 to annex into the City and to apply a zoning classification of M-1, Light Manufacturing, to the subject property. City staff recommended
approval of the application. On February 12, 2018, the City Commission held a public hearing and
unanimously voted to annex the subject property subject to contingencies including an annexation agreement. During discussion, City Commissioners cited the compatibility of the M-1 classification with surrounding land uses and that the property is surrounded by the city. As a special term of annexation an easement for an existing overhead power line was required. All contingencies have been
met by the applicant, including an approved annexation agreement.
UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Resolution 4956 as presented and recommended.
2) Determine that the prior decision to annex was in error and do not adopt the
resolution. FISCAL EFFECTS: None
Attachments: Resolution 4956
Annexation agreement Easement Report compiled September 11, 2018
Commission Memorandum
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Page 1 of 3
RESOLUTION NO. 4956
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ZIEGLER 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 Alanah Griffith
on behalf of the landowners requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include an area of land containing approximately 3.12 acres, located at 703 Bridger
Drive; and
WHEREAS, Jack Ziegler, the current landowner of record of real property consisting of
one parcel of land described as Tract 1 of Film 7 Page 218 located in the south ½ of the southeast
¼ Section 31, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, requested 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 February
12, 2018; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
February 12, 2018; and
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Resolution 4956, Ziegler Annexation
Page 2 of 3
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on February 12, 2018, the Commission approved the annexation subject to
contingencies, including an annexation agreement, which will be reviewed and approved prior to
final annexation; 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 SIDs,
and water and sewer hookup fees, to said contiguous tracts is the subject of a written agreement
between the City and the Landowner; 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, M.C.A., 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 3.12 acres, to wit:
Legal Description
The property is located at 703 Bridger Drive. The property is further described as:
A description of land being Tract 1 of Film 7 Page 218 located in the south ½ of the southeast ¼ Section 31, Township 1 South, Range 6 East, P.M.M
The area of the above described parcel of land is 3.12.0 acres, more or less.
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Resolution 4956, Ziegler Annexation
Page 3 of 3
Section 2
The effective date of this annexation is September 25, 2018.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 24th day of September, 2018.
_________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________
ROBIN CROUGH City Clerk APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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