HomeMy WebLinkAboutResolution No. 4324, Annexing 0.37 acres, Brander Annexation.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Brandner Annexation A-10009, Commission Resolution No. 4324
MEETING DATE: July 18, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Commission Resolution No. 4324 to annex 0.37 acres known
as the Brandner Annexation to the corporate limits of the City of Bozeman and authorize the City
Manager to sign the supporting Brandner Annexation Agreement.
BACKGROUND: On Monday, July 19, 2010, the City Commission approved the applicant’s
request with three contingencies to annex 0.37 acres to the corporate limits of the City of
Bozeman. The property in question is located southeast of the intersection of Bridger Drive and
Story Mill Road and is commonly referred to as 1118 Bridger Drive.
Following the Commission’s approval the City Attorney’s Office assisted the Planning Office
with preparing an Agreement that allows the applicant to pay the necessary impact fees at time of
further development and/or expansion of the existing single family dwelling instead of at
annexation. After reviewing the attached Agreement with Staff, the applicant has executed said
Agreement and provided the calculated amount of cash in-lieu of water rights. Therefore,
contingencies have been met and the final resolution is now prepared for Commission action.
UNRESOLVED ISSUES: There are no unresolved issues.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable the applicant to connect to City services. This would increase tax values and
corresponding revenue from the property. The City will accrue additional costs to service the
property with municipal service.
Attachments: Commission Resolution No. 4324, Brandner Annexation Agreement,
Annexation Exhibit
Report compiled on: July 7, 2011
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PROJECT AREA
CITY OF BOZEMAN
BRIDGER DRIVE
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M:\101600\Drawings\FIGURE 2 - ANNEX MAP SHEET 2.dwgFIGURE "2" - SHEET 2
AN ANNEXATION MAP FOR A CERTAIN TRACT OF LAND IN SECTION 32, TOWNSHIP 1 SOUTH,
RANGE 6 EAST, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
CPR
04/20/2010
101600
FIGURE-2 SkyLine Surveying Inc.
376 Milestone, Belgrade, MT (406)580-1078
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VICINITY MAP SCALE: NTS
Page 2 of 2
ARCHITECT
DRAWN BY:
DATE:
PROJECT NO.
FILE NAME:
1111 Research Drive
Bozeman, MT 59718
587.2781 Office
522.9225 Fax
www.hyaliteeng.com
LEGAL DESCRIPTION - EXTERIOR BOUNDARY OF ANNEXATION AREA
A tract of land, being Document No. 2342598, located in Section 32, Township 1 South,Range 6 East P.M.M., Gallatin County, Montana, being more particularly described asfollows:
Commencing at the southwest corner of Section 32, Township 1 South, Range 4 East;Thence North 18°19'32" East a distance of 683.48 feet to the Point of Beginning; Thencealong the easterly line of Tract 1 of Certificate of Survey No. 1895, North 27°41'26" West adistance of 270.20 feet to the southerly right of way of Bridger Canyon Drive; Thence
along the said right of way, South 89°26'50" East a distance of 132.49 feet to the west lineof Book 149, Page 459 of Survey Plats; Thence along said west line, South 00°31'21"West a distance of 212.82 feet to the southwest corner of said Survey Plat; Thencecontinuing South 00°31'21" West a distance of 25.25 feet; Thence North 89°00'17" Westa distance of 4.75 feet to the Point of Beginning.
Said tract contains 0.37 acres, more or less and subject to all easements of record orapparent on the ground.
BRANDNER ANNEXATION MAP
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COMMISSION RESOLUTION NO. 4324
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 Jeffery Brandner,
the owner of a tract of land, requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include certain contiguous tract of land lying southeast of the intersection of Bridger
Drive and Story Mill Road, County of Gallatin, State of Montana; and
WHEREAS, Jeffery Brandner is the current landowner of record of property described as
Tract 1 of C.O.S. No. 2760, located in the SW¼, SW¼ of Section 32, T1S, R6E, 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 19, 2010;
and
WHEREAS, said annexation petition was considered at a public meeting duly noticed and
held on July 19, 2010; and
WHEREAS, no members of the general 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 10, 2010, 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 the 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 the Jeffery Brandner; and
WHEREAS, said contiguous tract is described as Tract 1 of C.O.S. No. 2760, located in the
SW¼, SW¼ of Section 32, T1S, R6E, PMM in Gallatin County Montana; 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.
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 0.37 acres of land, to wit:
Tract 1 of Certificate of Survey No. 2760 located in the SW¼, SW¼ of Section 32,
T1S, R6E, PMM in Gallatin County Montana; and more particularly described as
follows:
DESCRIPTION OF PRIMARY ANNEXATION TRACT
A tract of land, being Document No. 2342598, said tract being Tract 1 of Certificate of Survey No.
2760, being located in the Southeast Quarter of Section 32, Township 1 South, Range 6 East, Principal
Meridian Montana, Gallatin County, Montana and being more particularly described as follows:
Commencing at the southwest corner of Section 32, Township 1 South, Range 6 East;
Thence North 18°19'32" East a distance of 683.48 feet to the Point of Beginning;
Thence along the easterly line of Tract 1 of Certificate of Survey No. 2760, North 27°41'26" West a
distance of 270.20 feet to the southerly right of way of Bridger Canyon Drive;
Thence along the said right of way, South 89°26'50" East a distance of 132.49 feet to the west line of
Book 149, Page 459 of Survey Plats;
Thence along said west line, South 00°31'21" West a distance of 212.82 feet to the southwest corner of
said Survey Plat;
Thence continuing South 00°31'21" West a distance of 25.25 feet;
Thence North 89°00'17" West a distance of 4.75 feet to the Point of Beginning.
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Said tract contains 0.37 acres, more or less and subject to all existing easements of record or apparent
on the ground.
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 the Jeffery Brandner owner of said tract of land.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the ____ day of ______________, 2011.
_________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
_________________________________
TIM COOPER
Assistant City Attorney
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