HomeMy WebLinkAboutResolution No. 4204, Completing the Wenzel-Smiley Annexation Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders
Andrew Epple
Chris Kukulski
SUBJECT: A-09001, Wenzel-Smiley Part 46 Annexation at 2502 W. Babcock Street
MEETING DATE: Monday, October 12, 2009
AGENDA ITEM TYPE: Consent.
RECOMMENDATION: Approve Resolution 4204 annexing the parcels at 2502 W. Babcock
Street, known as the Wenzel-Smiley annexation.
BACKGROUND: The City received an application for annexation on May 27, 2009. The
property is located at 2502 West Babcock Street and is wholly surrounded by the City. The
parcels are about .42 acres in size and have a single home on it. The application was processed as
a Part 46 annexation. The application satisfied goals and policies of Commission Resolution
3907 and the City Commission approved the annexation. The signed annexation agreement and
accompanying materials have been provided and the resolution of annexation now needs to be
adopted.
FISCAL EFFECTS: Effects are expected to be minor but positive as the property will begin to
participate in local special districts.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4204
Wenzel-Smiley Annexation Agreement and map
Report compiled on: October 6, 2009
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COMMISSION RESOLUTION NO. 4204
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A 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 TRACT.
WHEREAS, the City of Bozeman received a request for annexation from Steve Wenzel and Susan
Smiley, the 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 at 2502 West Babcock Street, County of Gallatin, State
of Montana; and
WHEREAS, Steve Wenzel and Susan Smiley, are the current landowners of record of property
described as Certificate of Survey 63 & the plat shown on File 144 page 538 book of deeds located in Section 11,
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 July 20, 2009; and
WHEREAS, said annexation petition was considered at a public meeting duly noticed and held on July
20, 2009; 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 July 20, 2009, 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
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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 Steve Wenzel and Susan
Smiley; and
WHEREAS, said contiguous tracts are described as Certificate of Survey 63 & the plat shown on File
144 page 538 book of deeds located in Section 11, 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 0.425 acres of
land, to wit:
Certificate of Survey 63 & the plat shown on File 144 page 538 book of deeds, according to the
plat thereof, on file and of record in the Office of the Clerk and Recorder, Gallatin County,
Montana located in Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana.
Section 2
This resolution of annexation is effective upon passage.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement by and between the
City of Bozeman and Steve Wenzel and Susan Smiley 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 12th day of October, 2009.
_________________________________
KAAREN JACOBSON,
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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