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
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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
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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:
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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
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