HomeMy WebLinkAbout12-17-18 City Commission Packet Materials - CII1. Res 4977, Bridger Vale Annexation1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Adoption of Resolution 4977, the Bridger Vale Annexation of approximately 6.5
acres, and authorization of City Manager signature on the associated institutional
controls declaration, Application 17230. MEETING DATE: December 17, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 4977, a resolution to annex into the City of Bozeman
6.4896 acres, located along Manley Road and to the north of the East Gallatin Recreational Area.
Authorize the City Manager to sign the associated Institutional Control declaration.
BACKGROUND: The applicant submitted application 17230 to annex into the City and to apply a zoning classification of PLI, Public Lands and Institution, and REMU, Residential Emphasis Mixed
Use, to the subject property. City staff recommended approval of the application. On October 23, 2017,
the City Commission held a public hearing and on a vote of 2-3 declined to approve the annexation.
After deciding to reconsider the action a second public hearing was held on February 5, 2018. At the
February 4, 2018 public hearing the Commission decided to approve the annexation on a vote of 4-1.
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.
All terms of annexation have been met by the applicant, including an approved annexation agreement.
The terms of annexation included a requirement for institutional controls related to an adjacent closed
landfill. This action will also authorize the City Manager to sign the institutional controls declaration on behalf of the City.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Adoption of Resolution 4977 as presented and recommended. 2) Determine that the prior decision to annex was in error and do not adopt the
resolution.
FISCAL EFFECTS: None
Commission Memorandum
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Attachments: Resolution 4977
Annexation agreement
Report compiled November 29, 2018
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Page 1 of 3
RESOLUTION NO. 4977
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, KNOWN AS
THE BRIDGER VALE ANNEXATION.
WHEREAS, the City of Bozeman received a petition for annexation from Ebbighausen
Homes, Inc. requesting the City Commission to extend the boundaries of the City of Bozeman so as
to include an area of land containing approximately 6.4896 acres, located along Manley Road and
to the north of the East Gallatin Recreational Area; and
WHEREAS, Ebbighausen Homes, Inc., the current landowner of record of real property
consisting of one parcel of land described as Tract GLR-1 of Certificate of Survey No. 157 as shown
on Certificate of Survey No. 1221, located in the Southwest Quarter of Section 31, Township 1
South, Range 6 East of 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 October
23, 2017; and
WHEREAS, public meetings on said annexation petition were duly noticed and held on
October 23, 2017 and February 5, 2018; and
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Resolution 4977, Bridger Vale 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 5, 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 12.0 acres, to wit:
Legal Description
Remaining Tract GLR-1 of Certificate of Survey No. 157 as shown on Certificate of
Survey No. 1221, located in the Southwest Quarter of Section 31, Township 1 South,
Range 6 East of P.M.M., Gallatin County, Montana.
Area = 282,687 square feet, 6.4896 acres or 26,262.5 square meters. Subject to existing
easements.
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Resolution 4977, Bridger Vale Annexation
Page 3 of 3
Metes and Bounds
Beginning at the West Quarter Corner of Section 31, Township 1 South, Range 6 East
of P.M.M.; thence easterly 088°30'20", assumed azimuth from north, 709.72 feet along the north line of said Tract GLR-1; thence along the boundary of said Tract GLR-1 on the following courses: southerly 177°22'56" azimuth 306.00 feet; southeasterly
144°43'11" azimuth 219.64 feet; westerly 267°46'48" azimuth 431.13 feet; northerly
357°44'23" azimuth 199.65 feet; westerly 267°46'48" azimuth 399.87 feet; thence
northerly 357°41'37" azimuth 299.39 feet along the west line of said Tract GLR-1 to the Point of Beginning.
Section 2
The effective date of this annexation is December 18, 2018.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on 17th day of December, 2018.
_________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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