Loading...
HomeMy WebLinkAboutResolution No. 4367, Annexing the 126.93 acres known as South University District REPORT TO: Honorable Mayor and City Commission FROM Brian Krueger, Associate Planner Tim McHarg, Director, Planning and Community Development SUBJECT: South University District Part 46 Annexation #A-09002 MEETING DATE: Tuesday, February 13, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4367 annexing the 126.93 acre tract, known as the South University District annexation. BACKGROUND: The City received an application for annexation on March 16, 2011. The property is located generally southeast of the intersection of West Kagy Boulevard and South 19th Avenue and is wholly surrounded by the City, except for one parcel. The tract is approximately 127 acres in size. 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 on June 6, 2011. The signed annexation agreement and accompanying materials have been provided and the resolution of annexation now needs to be adopted. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1) Approve the resolution as provided by staff. 2) Approve the resolution modified as directed by the City Commission. 3) Not approve the resolution. FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development with connection to the City sewer and water services and service by the public services (police, fire, streets, etc.) of the City. 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: Resolution 4367, Annexation Agreement and Map Report compiled on: January 30, 2012 Commission Memorandum 42 1 COMMISSION RESOLUTION NO. 4367 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 RTR Holdings II, 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 generally at the southeast corner of South 19th Avenue and West Kagy Boulevard County of Gallatin, State of Montana; and WHEREAS, the RTR Holdings II, LLC, are the current landowners of record of property described as Tract B of Certificate of Survey No. 2661 EXCEPTING Parcel 2 of Bargain and Sale Deed recorded as Document #2311126 on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana located in the southwest quarter of the southwest quarter (SW1/4SW1/4) and the south half of the southeast quarter of the southwest quarter (S1/2SE1/4SW1/4) of Section 13 and the north half of the northwest quarter (N1/2NW1/4) of Section 24, both of Township 2 South, Range 5 East, Principal Meridian Montana, 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 June 6, 2011; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 6, 2011; and WHEREAS, no members of the public spoke in regards to said annexation at the public meeting; and 43 2 WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on June 6, 2011, 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 RTR Holdings II, LLC and WHEREAS, said contiguous tracts are described as Tract B of Certificate of Survey No. 2661 EXCEPTING Parcel 2 of Bargain and Sale Deed recorded as Document #2311126 on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana located in the southwest quarter of the southwest quarter (SW1/4SW1/4) and the south half of the southeast quarter of the southwest quarter (S1/2SE1/4SW1/4) of Section 13 and the north half of the northwest quarter (N1/2NW1/4) of Section 24, both of Township 2 South, Range 5 East, Principal Meridian Montana, 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 126.93 acres of land, to wit: A tract of land located in the southwest quarter of the southwest quarter (SW1/4SW1/4) and the south half of the southeast quarter of the southwest quarter (S1/2SE1/4SW1/4) of Section 13 and the north half of the northwest quarter (N1/2NW1/4) of Section 24, both of Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, being further described as follows: 44 3 Tract B of Certificate of Survey No. 2661 EXCEPTING Parcel 2 of Bargain and Sale Deed recorded as Document #2311126 on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana and being more particularly described as follows: Beginning at C-N1/16 Corner of Said Section 24; thence along the N1/16 line of said Section 24, S89°31'26"W, 2683.77 feet to a point on the east right-of-way of South 19th Avenue; thence, along said east right-of-way, N00°33'15"W, 2.59 feet; thence S89°33'38"E, 9.99 feet; thence N00°33'11"W, 1159.34 feet; thence N00°28'26"E, 790.92 feet; thence N12°45'30"E, 134.06 feet.; thence N00°28'26"E, 518.37 feet; thence N40°38'41"E, 12.66 feet to a point on the south right-of-way of Kagy Boulevard; thence, along said south right-of-way, N89°44'10"E, 682.18 feet; thence, leaving said south right-of-way, S00°05'25"E, 1081.58 feet; thence N89°44'10"E, 564.00 feet; thence N00°05'25"W, 1081.58 feet to a point of the south right-of-way of Kagy Boulevard; thence, along said south right-of-way, N89°44'10"E, 30.00 feet; thence, leaving said south right-of-way S00°05'25"E, 619.34 feet; thence N89°47'41"E, 1373.17 feet; thence S00°09'03"W, 665.67 feet to the N1/4 corner of Section 24; thence S00°33'09"W, 413.18 ft.; thence S00°32'09"W, 901.69 feet to the POINT OF BEGINNING, containing 126.93 acres. Section 2 The effective date of this annexation is February 13, 2012. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated February 13, 2012, by and between the City of Bozeman and the RTR Holdings II, LLC owners of said tracts of land. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of February, 2012. _________________________________ SEAN A. BECKER Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62