HomeMy WebLinkAboutApprove Resolution No. 4093, Manley Commercial Annexation #A-05014
Report compiled on January 2, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
SUBJECT: Manley Commercial Annexation #A-05014
Adopt Resolution of Annexation
MEETING DATE: Monday, January 7, 2008
Consent Agenda
RECOMMENDATION: That the City Commission accepts said Manley Commercial
Annexation Agreement and formally adopt the Resolution of Annexation, Resolution No. 4093,
to annex 15.411 acres to the City of Bozeman, Annexation File No. A-05014.
BACKGROUND: An annexation application requesting to annex 15.411 acres located at the
northwest corner of the intersection of Griffin Drive and Manley Road. The Commission voted
5-0 on April 3, 2006 to approve said annexation request with terms and contingences. Two, six
month extensions to execute said Annexation Agreement was granted the applicant in order to
address resolution of annexation of said lands with Montana Rail Link. Attached please find the
signed Annexation Agreement, Annexation Map, and Resolution of Annexation.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property
when developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
Annexation Agreement and Annexation Map
City Commission Resolution No. 4093
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COMMISSION RESOLUTION NO. 4093
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 Manley Commercial
Partners, LLC, one of the owners of a tract of land, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include a certain contiguous tract of land lying at the
northwest corner of the intersection of Manley Road and Griffin Drive, in the County of Gallatin, State
of Montana; and
WHEREAS, Manley Commercial Partners, LLC, is one of the current landowners of record of
property described as Lot 1 of Minor Subdivision No. 154 situated in the SW1/4 of Section 31, Township
1 South, Range 6 East, PMM, Gallatin County, Montana, requesting the City Commission to extend the
boundaries of the City of Bozeman; and
WHEREAS, Section 7-2-4211, MCA requires that all annexations include full width of public
streets and roads, including full width of right-of-way; and
WHEREAS, Manley Road and Griffin Drive are public streets lying adjacent to, or through,
the parcel initially requested for annexation, along with claimed 200-foot wide Montana Rail Link right-
of-way easement lying through said parcel, and no means has been identified to segregate those portions
of the right-of-way; and
WHEREAS, Section 7-2-4314(1)(d) allows inclusion of railroad land in an annexation
processed according to Title 7, Chapter 2, Part 43 MCA; and
WHEREAS, neither Burlington Northern nor Montana Rail Link, a lessor and contract
purchaser of the right-of-way, have objected to being included with the annexation; and
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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 April 3, 2006;
and
WHEREAS, Commission Resolution No. 3889 was adopted by the City Commission on
February 21, 2006 as Item 2 of the Consent Agenda, declaring it to be the intent of the City of Bozeman
to extend the boundaries of said City so as to include said contiguous tract within the corporate limits of
the City; and
WHEREAS, a public hearing on Commission Resolution No. 3889 was duly noticed and held
on April 3, 2006; and
WHEREAS, no members of the general public expressed objections 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 April 3, 2006, 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 said Commission Resolution No. 3889; 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 Greg and Susan Gianforte; and
WHEREAS, said contiguous tract is the subject of Certificates of Survey, plats, or other
documents filed in the office of the Gallatin County Clerk and Recorder’s Office; and
WHEREAS, said contiguous tract is described as described as being Lot 1 of Minor
Subdivision No.154, situated in the SW1/4 of Section 31, Township 1 South, Range 6 East, P.M.M
Gallatin County, Montana; and
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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.
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 43, 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 15.411 acres of land, to wit:
A tract of land being Lot 1 of Minor Subdivision No. 154, situated in the SW1/4 of Section 31,
Township 1 South, Range 6 East, P.M.M., Gallatin Country, State of Montana.
Said parcel contains 15.411 acres more or less, and is subject to all existing easements of
record or apparent on the ground; and
Section 2
The effective date of this annexation is January 7, 2008.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 7th day of January 2008.
_________________________________
KAAREN JACOBSON
Mayor
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ATTEST:
_________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
_________________________________
PAUL J. LUWE
City Attorney
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