HomeMy WebLinkAboutResolution 5445 Correcting and Replacing Resolution 5486 Rainbow Creek AnnexationVersion April 2020
RESOLUTION 5445
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HERINAFTER 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 TRACT, RAINBOW
CREEK ANNEXATION, APPLICATION 18240
WHEREAS, the City of Bozeman received a petition for annexation from Rainbow Creek
Rental Properties, LLC current landowners of record, requesting the City Commission to extend
the boundaries of the City of Bozeman so as to include an area of land containing approximately
2.29 acres plus additional public right of way as required by law; and
WHEREAS, the current landowner of record of real property consisting of one parcel of
land described in Section 1, 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
November 26, 2018; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
November 26, 2018; and
WHEREAS, on February 28, 2019, the City received an annexation agreement which
incorporated the recommended terms of annexation which was signed by the current land owner
following the public hearing; 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
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WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial
District Court on December 21, 2018, appealing the City Commission decision to adopt the initial
zoning for said tracts which delayed the City processing the executed annexation agreement and
terms of annexation; and
WHEREAS, one term of annexation outlined in the Commission’s findings was effected
by this lawsuit, the term requires the construction of a city standard sidewalk and drive approach
along the property frontage by October 1, 2019; and
WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted
summary judgment in favor of the City of Bozeman and dismissed the complaint.
WHEREAS, following the judgment all terms of the annexation were completed by the
applicant, except the requirement for city standard sidewalks and a drive approach along the
property frontage, this will be completed with subsequent development; and
WHEREAS, on September 13, 2022, the City Commission adopted Resolution 5386
authorizing the annexation of the Rainbow Creek properties to the City; prior to the Mayor signing
Resolution 5386 City staff recognized errors in the Resolution; and
WHEREAS, the errors in Resolution 5386 necessitate adoption by the Commission of
a new resolution annexing the Rainbow Creek properties to the City; and
WHEREAS, this Resolution 5445 corrects the errors in Resolution 5386.
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, be annexed to the City of Bozeman and that the boundaries of
said City shall be extended so as to embrace and include such approximately 2.29 acres, to wit:
Legal Description
BOOK 148 PAGE 207 SW ¼ OF S34 T01S, R05E, P.M.M, GALLATIN COUNTY, MT
A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County,
Montana, and being more particularly described as follows: Beginning at a point on the
south line of said section, which said point bears East a distance of 248.6 feet from the
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southwest corner of said section; thence N 01°25.9’W along the line of a metal post fence
a distance 246.8 feet to a point marked by a metal fence corner post; Thence N 89°53.6’
E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along the
foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in
the south line of said section; Thence West along said south line a distance of 415.9 feet
to the point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and
207. This tract contains 2.29 acres, more or less.
Section 2
This Resolution hereby supersedes Resolution 5386.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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