HomeMy WebLinkAboutResolution No. 4098, 19th Capital Group An
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Commission Resolution No. 4098, Resolution of Annexation for the 19th
Capital Group Annexation, #A-07006
Consent Item
MEETING DATE: Monday, April 7, 2008
RECOMMENDATION: The City Commission adopts the Resolution of Annexation No. 4098
for the 19th Capital Group Annexation.
BACKGROUND: An annexation application to annex 3.07 acres located at the southwest corner
of the intersection of Kagy Boulevard and South 19th Avenue. The City Commission approved the
annexation application on Monday, January 14, 2008.
UNRESOLVED ISSUES: No unresolved issues exist 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 email Brian Krueger at bkrueger@bozeman.net if you have any questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Resolution Annexation (#4098)
Annexation Map
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COMMISSION RESOLUTION NO. 4098
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN
CONTIGUOUS TRACT 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 TRACT.
WHEREAS, the City of Bozeman received a request for annexation from the 19th Capital Group, LLC
owners of 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 lying at the southwest corner of South 19th Avenue and Kagy Boulevard
County of Gallatin, State of Montana; and
WHEREAS, the 19th Capital Group, LLC, are the current landowners of record of property described
as Tract 1A of COS No. 2008A located in the SE ¼ of Section 14, T2S, R5E, PMM in Gallatin County Montana,
requesting the City Commission to extend the boundaries of the City of Bozeman; 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 January 7, 2008; and
WHEREAS, a public hearing on said annexation petition was duly noticed and held on January 7,
2008; and
WHEREAS, no members of the public spoke in regards to said annexation at the public hearing; and
WHEREAS, the City did not receive any written protest from the real property owners of the area to be
annexed; and
WHEREAS, on January 7, 2008, the Commission authorized and directed staff, upon satisfaction by
the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of
this tract in accordance with terms of annexation specified in the staff report; 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 water and sewer hookup fees, to said
contiguous tract as described is the subject of a written agreement between the City and the 19th Capital Group,
LLC and
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WHEREAS, said contiguous tracts are described as Tract 1A of COS No. 2008A located in the SE ¼
of Section 14, T2S, R5E, PMM in Gallatin County Montana; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of these contiguous tracts
is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous
tract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
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 such 3.07 acres of
land, to wit:
Tract 1A, Certificate of Survey No. 2008-A, according to the plat thereof, on fiel and of record
in the Office of the Clerk and Recorder, Gallatin County, Montana located in the SE 1/4 of
Section 14, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more
particularly described as follows:
Beginning at the Southeast corner of Section 14, T.2S. R.5E., thence westerly 270°, 41’17”
feet; assumed azimuth north; 69.20 feet along the south line of the Southeast Quarter of said
Section 14; thence northerly 000° 31’23” azimuth 893.18feet along the westerly right of way
line of South 19th Avenue to the point of beginning of the property to be described; thence
westerly 270° 19’25” azimuth 322.83 feet; thence northerly 000° 00’00” azimuth 435.13feet;
thence easterly 090° 20’34” azimuth 156.38 feet along the centerline of Kagy Boulevard;
thence southerly 180° 19’52” azimuth 45.00 feet; thence easterly 090° 20’ 34’ azimuth 170.18
feet along the north line of said Tract 1A; thence southerly 180° 30’13” azimuth 281.37 feet
along the westerly right of way line of South 19th Avenue; thence southerly 180° 31’13”
azimuth 108.64 feet along said westerly right of way line to the Point of Beginning, containing
3.0679 acres, more or less, subject to any existing easements and/or rights-of-way, whether of
record or apparent on the ground.
.
Section 2
The effective date of this annexation is April 7, 2008.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated April 7,
2008, by and between the City of Bozeman and the 19th Capital Group, LLC owners of said tracts of land.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 7th day of April, 2008.
_________________________________
KAAREN JACOBSON, Mayor
ATTEST:
_________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
_________________________________
PAUL J. LUWE
City Attorney
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