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HomeMy WebLinkAboutApprove Corrected Resolution No. 4010, East Gallatin Report compiled on April 1, 2008 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Martin Knight, Assistant Planner SUBJECT: East Gallatin Recreation Area/Old C.O.B. Landfill Annexation, #A-06017 Consent Item MEETING DATE: Monday, April 7th, 2008 RECOMMENDATION: The City Commission adopts the corrected Resolution of Annexation No. 4010 for the East Gallatin Recreation Area & Old City of Bozeman Landfill Annexation. BACKGROUND: An annexation application to annex 81.95 acres located at north of Griffin Drive between Manley Road and North Rouse Avenue. This application was approved by the City Commission on March 5th, 2007. On January 7th, 2008, the City Commission (on consent) adopted the Resolution of Annexation (No. 4010) for this project. Since then, an error has been found in the legal description in Resolution 4010. Attached, please find Resolution of Annexation No. 4010 with the correct legal description. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from annexation of the property, and costs from additional service demand. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 201 - 1 - COMMISSION RESOLUTION NO. 4010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND TO SAID CITY, KNOWN AS “TRACTS GL-1 & GL-2 OF CERTIFICATE OF SURVEY NO. 1221, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, T1S, R6E; AND TRACT GL-3 OF CERTIFICATE OF SURVEY NO. 1221, LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E, PMM, GALLATIN COUNTY, MONTANA” HEREIN MORE PARTICULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from Montana Fish, Wildlife, & Parks, 1400 S. 19th Avenue, Bozeman, MT 59718, and City of Bozeman, 311 E Main Street, Bozeman MT 59715, owners of the tracts of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land legally described as Tracts GL-1 & GL-2 of Certificate of Survey No. 1221, located in the southwest quarter of Section 31, T1S, R6E, PMM; and Tract GL- 3 of Certificate of Survey No. 1221, located in the northwest quarter of Section 31, T1S, R6E, PMM, Gallatin County, State of Montana; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on March 5, 2007; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City’s annexation policy and held on March 5, 2007; and WHEREAS, on March 5, 2007, the Commission authorized and directed staff, upon satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement and other documents to 202 - 2 - proceed with the annexation of the privately held portion of these tracts in accordance with terms and conditions approved by the Commission; and WHEREAS, on March 5, 2007, the Commission authorized and directed staff to prepare the necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and impact fees to said contiguous tract is the subject of a written agreement between the City of Bozeman and Montana Fish, Wildlife, & Parks, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a certificate of survey, filed in the office of the Gallatin County Clerk and Recorder's Office; 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 thereof and of the inhabitants of the contiguous tract. Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following- described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified so as to embrace and include such 81.95 acres of land, to wit, and as further described on Exhibit A, attached hereto: A 81.95 acre Tracts GL-1 & GL-2 of Certificate of Survey No. 1221, located in the southwest quarter of Section 31, T1S, R6E, PMM; and Tract GL-3 of Certificate of Survey No. 1221, located in the northwest quarter of Section 31, T1S, R6E, PMM, Gallatin County, State of Montana, located north of Griffin Drive between Manley Road and North Rouse Avenue, Gallatin County, Montana; and Section 2 The effective date of this annexation is ________________________, 2008. 203 - 3 - Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated _____________________, by and between the City of Bozeman and Montana Fish, Wildlife, & Parks; and the extension of services plan prepared for the portion owned by the City of Bozeman. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day 2008. _________________________________________ KAAREN JACOBSON-, Mayor ATTEST: ____________________________________ STACY ULMEN, City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 204