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HomeMy WebLinkAboutResolution 4359 Creating West Babcock Street and Durston Road Improvement Annexation Areas City of Bozeman-City Clerk 2412684 /� Page: 1 of 12 04/1012012 04:01:25 PM Fee $84 00 �.11. Box 1'12f1 Char-lotta Mills - Gailatin County, MT MISC Bozeman, MT 59771.-1230 Illlfllllllll Ilf IIIIJIIIII Illllllllllill[IIIIIIIIIIIIIIIIIIIIIIIIIIIII[IIIIIIII ct .lA CO.> ��{ COMMISSION RESOLUTION NO. 4359 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING THE WEST BABCOCK STREET AND DURSTON ROAD IMPROVEMENT ANNEXATION AREAS, CREATING A TERM OF ANNEXATION FOR PROPERTIES LOCATED WITHIN THESE IMPROVEMENT ANNEXATION AREAS TO EXPIRE APRIL 1, 2024 AND APRIL 1, 2025, RESPECTIVELY, AND AMENDING THE POLICIES ESTABLISHED BY RESOLUTION NO. 3772 (PAYBACK DISTRICT FOR SID NO. 683: WEST BABCOCK STREET BETWEEN MAIN STREET AND YELLOWSTONE AVENUE) AND RESOLUTION NO. 3908, (PAYBACK DISTRICT FOR SID NO. 684: DURSTON ROAD BETWEEN NORTH 19T11 AVENUE AND FOWLER AVENUE). WHEREAS, on January 18, 2005, Resolution No. 3766 was adopted by the Bozeman City Commission (the "Commission") creating Special Improvement District (SID) No. 683 to partially pay for improvements to West Babcock Street, between Main Street and Yellowstone Avenue; and WHEREAS, on February 7, 2005, Resolution No. 3772 was adopted by the Commission creating a"payback district" for county properties that benefit directly from the improvements to West Babcock Street but who did not contribute to the costs of the improvements to West Babcock Street in the same manner that their city neighbors did; and WHEREAS, on December 19, 2005, Resolution No. 3881 was adopted by the Commission creating SID No. 684 to partially pay for improvements to Durston Road, between North 19"'Avenue and Fowler Avenue; and WHEREAS, on April 24, 2006, Resolution No. 3908 was adopted by the Commission creating a"payback district" for county properties that benefit directly from the improvements to Durston Road but who did not contribute to the costs of the improvements to Durston Road in the same manner that their city neighbors did; and WHEREAS, on April 24, 2006, Resolution No. 3907 was adopted by the Commission revising and reestablishing goals and policies for annexation of properties to the city which states that it shall be the goal of the city of Bozeman to encourage annexations of land contiguous to the City; and COMMISSION RESOLUTION NO.4359 Page I of WHEREAS, Resolutions No. 3772 and No. 3908 stipulated it is appropriate and equitable that, upon annexation, those county properties that benefit from the improvements should contribute to the costs of the improvements; and WHEREAS, Resolutions No. 3772 and No. 3908 directed that all monies paid to the City under these payback districts shall be deposited in the City's Street Impact Fee Fund or other account as may be established by the Commission; and WHEREAS, on November 7, 2011, during a policy discussion the Commission reviewed the creation of the West Babcock Street and Durston Road payback districts and concluded the timing of the payback established in Resolutions No. 3772 and No. 3908 for the improvements to West Babcock Street and Durston Road could impede annexation of lands adjacent to the city limits, and should be revised. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Properties previously annexed into the City which were subject to Resolutions No. 3772 and 3908 must continue to comply with the terms of annexation established in those resolutions and as established in the individual annexation agreements for each property. Section 2 The Commission hereby establishes the West Babcock Street Improvement Annexation Area and the Durston Road Improvement Annexation Area as both are depicted on the maps and legal descriptions on Exhibit A (West Babcock Street) and Exhibit B (Durston Road), with both exhibits hereby incorporated herein and made a part hereof. The Commission determines that all real property located within the West Babcock Street Improvement Annexation Area directly benefits from the improvements made to West Babcock Street and shall be required to contribute, as a term of annexation, to the improvements, repair and/or maintenance of West Babcock Street. The Commission determines that all real property located within the Durston Road Improvement Annexation Area directly benefits from the improvements made to Durston Road and shall be required to contribute, as a term of annexation, to the improvements, repair and/or maintenance of Durston Road. Section 3 As of the date of this Resolution, Resolutions No. 3772 and 3908 shall not be applied to annexations of property within the West Babcock Street and Durston Road Improvement Annexation Areas; rather, the terms of this Resolution shall apply to all properties located within the Annexation Areas which are annexed to the City after the date of this Resolution. Section 4 COMMISSION RESOLUTION NO.4359 Page 2 of 5 The contribution from these annexing properties shall no longer be considered a payback to the special improvement district created to partially fund the improvements to West Babcock Street and Durston Road. Section 5 Upon annexation, the City shall require a financial contribution from all properties within the West Babcock Street Improvement Annexation Area and the Durston Road Improvement Annexation Area for all existing residential units and shall calculate the required financial contribution to the applicable Improvement Annexation Area as follows: West Babcock Street Improvement Annexation Area: The amount of the financial contribution required to be paid by each annexing property for each existing residential and/or commercial unit shall be $1,119.87. This amount is derived by multiplying the West Babcock Street Special Improvement District assessment rate of $0.125927 per square foot by 8,893 square feet, which is the average single-family residential lot area within the West Babcock Street Special Improvement District. This per-unit financial contribution shall be applied to each existing residential and/or commercial unit, regardless of the actual size of the real property or the size of each existing residential and/or commercial unit. The financial contribution for the existing residential and/or commercial units on the property at the time of annexation shall be paid by the landowner prior to the City's execution of the Annexation Agreement. Durston Road Improvement Annexation Area: The amount of the financial contribution required to be paid by each annexing property for each existing residential and/or commercial unit shall be $1,470.70. This amount is derived by multiplying the Durston Road Special Improvement District assessment rate of $0.186164 per square foot by 7,900 square feet, which is the average single- family residential lot area within the Durston Road Special Improvement District. This per-unit financial contribution shall be applied to each existing residential and/or commercial unit, regardless of the actual size of the real property or the size of each existing residential and/or commercial unit. The financial contribution for the existing residential and/or commercial units on the property at the time of annexation shall be paid by the landowner prior to the City's execution of the Annexation Agreement. Section 6 In addition to the financial contribution required at the time of annexation as stated in Section 5, at the time of future subdivision or development of the annexed property the City shall calculate the annexed properties' financial contribution to the applicable Improvement Area as follows: COMMISSION RESOLUTION NO.4359 Page 3 of 5 West Babcock Street Improvement Annexation Area: The amount of the financial contribution required to be paid shall be calculated by the City at a rate of$0.125927 per square foot of the newly created lot(s). In the case of site plan development that does not create additional lots, the contribution cost shall be calculated based on the number of residential and/or commercial units added to the property, with the square foot of each residential and/or commercial unit determined by the minimum lot area required by the zoning of the property. This contribution shall be paid prior to final subdivision plat or final site plan approval, unless otherwise determined by the City Commission during review of the future subdivision or development. Credit will be applied for previously paid contributions on a pro-rata square foot basis. Durston Road Improvement Annexation Area: The amount of the financial contribution required to be paid shall be calculated by the City at a rate of $0.186164 per square foot of the newly created lot(s). In the case of site plan development that does not create additional lots, the contribution cost shall be calculated based on the number of residential and/or commercial units added to the property, with the square foot of each residential and/or commercial unit determined by the minimum lot area required by the zoning of the property. This contribution shall be paid prior to final subdivision plat or final site plan approval, unless otherwise determined by the City Commission during review of the future subdivision or development. Credit will be applied for previously paid contributions on a pro-rata square foot basis. Section 7 All financial contributions to the West Babcock Street and Durston Road Improvement Areas shall be deposited in the Street Maintenance Fund, assigned to street maintenance on the sections of West Babcock Street and Durston Road within their respective Improvement Areas. Section 8 Obligations to make future financial contributions to the West Babcock Street and Durston Road Improvement Annexation Areas are not considered liens against the real property. The City shall take all steps necessary to verify any existing payback requirement is not a lien against the annexed real property. Section 9 Unless otherwise determined by the City Commission, the term of contribution to the West Babcock Street Improvement Annexation Area shall remain in effect until April 1, 2024. Section 10 Unless otherwise determined by the City Commission, the term of contribution to the Durston Road Improvement Annexation Area shall remain in effect until April 1, 2025. COMMISSION RESOLUTION NO.4359 Page 4 of 5 Section 11 This Resolution does not supersede Resolution Nos. 3772, 3908, and 3907 and shall be considered to supplement Resolution No. 3907. Section 12 This document shall be recorded at the Gallatin County Clerk and Recorder's Office. This resolution shall be in full force and effect upon adoption. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of March, 2012. SEAN A. BECKER, Mayor ATTEST: O-• Bp 'P . �, )Tlffmroo,\,�- - S CY EN, CMC -= , • * city Cl k •. 1�'�3 ,•� . 'lf i O • 1S '. APPROVED AS TO FORM: G SULLIVAN City Attorney COMMISSION RESOLUTION NO.4359 Page S of 1AV .LSIZ.H `a ILL HAV QNZZ N w ' Iti j ti DAVE ;I a7 .r z• _ 3AV QH£Z N � J 3AV QH£Z 5 i CAN c N } -Adld L DdaOD NJ"11VN,,_13UHM Nll ! i i -- ! N_ 24TN;.AU> 5 3AV H.LSZ Qi 2IQ 3H da1SH IS r JIJHL �IHtld HH7IVHJ HDa7 iOJ LS3M ! 1 I T - z.— — --�� 2Ea_7VNOISS33011d NH31S.M I - I T Ala SSI3M E3O9 I ICw7 �Q l J 1 L) 2IQ_NHFlIS3M I - 2IQ_HHDHaA-�� TT i I I I , AVM NVINEIII(I j3;- f-+ Ha Wo 91THM X aAV AVMNa3HD d __ _ ! aAV-dHDdM S. F_ CU 1 - • EE 4 f m u! - c wr AVM SIdVHDHW - • � r i a. --- -- ! 21a a'1dVW 213nIIS �� AVM sunNn11 N ! _ -... it iii I i I Il I. I_�- 'f= rIT r�4 I �i3AV `1 .1 Q I f IT_11 —I I �r - m , ; i s 4 Z AVM SdaLNnH S_ A I ¢� b� �l �. anv-aA02I 13V1I31VI j __! y / / \r L1 a 3 a'—HAv vt•nnOxQ- H3H LaMIH3w w •_ i--� aAd N7_VQ71M— (� HQ A91ItlA.. 4_0 P I ! 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I I —�� t— ��i I EXHIBIT A WEST BABCOCK STREET IMPROVEMENT ANNEXATION AREAS SERVICE AREA BOUNDARY DESCRIPTION: A tract of land located in Section 10 and Section 11,Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, lying within the fine more particularly described as follows: Commencing at a brass cap found at the east quarter comer of said Section 11; thence along the east-west mid-section line of said section, South 89 °11'21" West a distance of 1319.91 feet to the true point of beginning; thence South 01'21'59" West a distance of 16895 feet; thence South 43 °48'05" West a distance of 488.34 feet; thence South 01 °41'26" West a distance of 44.45 feet; thence South 43 °48'50" West a distance of 4I.99 feet; thence North 15 °24'00" West a distance of 300.20 feet; thence North 89 °23'55" West a distance of 115.32 feet; thence North 01 °28'02" East a distance of 28.90 feet; thence North 89 01439" West a distance of 266.02 feet; thence North 01 °40'50" East a distance of 37.10 feet; thence North 89 °09'53" West a distance of 85.84 feet; thence South 01 °51'58" West a distance of 24.55 feet; thence North 89 °09'53" West a distance of 78.98 feet; thence South 01138'39" West a distance of 206.68 feet; thence North 89 °09'20" West a distance of 90.75 feet; thence North 01 038'40" East a distance of 148.50 feet; thence North 89 °09'20" West a distance of 239.45 feet; thence South 01 °37'40" West a distance of 990.84 feet; thence North 89 '10'56" West a distance of 2670.46 feet; thence South 02 °46'44" West a distance of 142.89 feet; thence North 88 °24'23" West a distance of 1195.47 feet; thence South 01'56'21" West a distance of 336.00 feet; thence North 88 °24'22" West a distance of 940.00 feet; thence South 01 °56'21" West a distance of 125.00 feet; thence North 88 °24'22" West a distance of 495.18 feet; thence North 01 °56'23" East a distance of 1879.95 feet; thence North 14 °30'33" East a distance of 92.38 feet; thence South 88 °24'30" East a distance of 475.35 feet; thence North 01 °56' 19" East a distance of 357.I 5 feet; thence South 88 °31' 17" East a distance of 84.71 feet; thence North 01 °56'50" East a distance of 720.25 feet; thence South 88 °31'51" East a distance of 2036.28 feet; thence North 00 113'25" East a distance of 209.05 feet; thence South 89 °06'49" East a distance of 2689.31 feet; thence South 89 °14'55" East a distance of 1000.12 feet; thence North 00 °04'51" East a distance of 60.12 feet; thence North 86 °31'59" East a distance of 338.51 feet; thence South 02'44'14" West a distance of 917.31 feet; thence South 87 °31' 10" East a distance of 490.04 feet; thence South 02 °30'07" West a distance of 225.71 feet; thence along a curve to the right having a radius point that bears South 25 °25'45" East a distance of 1537.5 feet, an are distance of 412.21 feet; thence South 89'43'10" West a distance of 157.33 feet; thence South 02 °28'09" West a distance of 30.22 feet to the point of beginning. The above described tract of land contains 372.58 acres, more or less, inclusive of streets, avenues, alleys, and public places. > 1d - g tn 1 N BAV H161 j - 3A H16I I �Ab x.L61 N I L J LII 11 I i I i 1 I I I 2101 �JJQ12IgNO.LS - -- '� �e _ _ 9AV,H.LOZ ICI_ dAd ISIZ N,. MOUNT s � _ [_T7 ] L .1 l 1_ _ _ LI TAT TIC_I Tr = l r 9A /� 7 1' ass ICI TI Ya _1111 j tv _z_a 'N'N i ! I_ Q RAC' H15Z 111 ldcl - _— - — . ! L� �:_ / 9AV xaisd \1 F i T TPTI - -- -, _ _. o 9AV_9>IV-dN3IIH {:pl_ q O- H N � cl &C" 13 QA'd'3A021J'I8 > _{ _9Ad-a$t+i I7f71 FIAV'XOO'dBDNRIdS 1, AVM-NONRIdH ' - — ,Q NU 911" 4 n yL! I dU UNVI'IOH MEIN AVM 'UHdOISIUH3a - f" I I I I f I l . � �Ci 0 —rte` -HA�..SS�2I'JLdMS.N TP i's NOSNVH EXHIBIT B DURSTON ROAD IMPROVEMENT ANNEXATION AREAS SERVICE AREA BOUNDARY DESCRIPTION: Land located in Section 2 and Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, lying within the lines more particularly described as follows: Commencing at the northwest corner of said Section 11, the True Point of Beginning; Thence southerly along the west line of said Section 11 to the southwest corner of Tract 8 of Smith Subdivision; Thence easterly along the E -W 1116th line,being the south line of: Smith Subdivision, North Meadows Subdivision, Greenway Subdivision,Tract 11 filed on 53 fm page 1405, Western Subdivision, Kabel Subdivision, Tract 1, COS 1855; Thence Ieaving said 1116th line and continuing along the south line of said Tract 1, COS 1855; Thence continuing easterly along the south line of West Park Manor 4"h Addition,West Park Manor 3rd Addition,West Park Manor 2nd Addition, and West Park Manor 1st Addition to the southeast corner of Lot 34 of said West Park Manor Ist Addition; Thence northerly along the east boundary of Lots 34, 33, 32, 31, 30, 29, 28, 27, 26, 25, 24, 23, 22, 21, 20, 19, and 18 of the West Park Manor 1 st Addition to northeast corner of said Lot 18 also being the northwest corner of Lot 17 of said West Park Manor I st Addition. Thence along the north property line of said Lot 17 of West Park Manor 1 st Addition to the northeast corner of said Lot 17 also being the south right-of-way line for Durston Road and the west right-of-way line for North 191h Avenue; Thence northerly across the said Durston Road right-of-way to the north right-of-way line of said Durston Road and the said west right-of-way line of North 191 Avenue, also being the southeast corner of Lot 1 of Minor Subdivision 286; Thence along the west right-of-way line of North 19%Avenue, also being the east property line of Lot I of Minor Subdivision 286, and Stoneridge P.U.D. Subdivision Phase 2A, and Stoneridge P.U.D. Subdivision Phase 2B to the northeast corner of Lot 16, Stoneridge P.U.D. Subdivision Phase 213; Thence along the north property line of Lot 16, Stoneridge P.U.D. Subdivision Phase 2B also being the south right-of-way line of W. Stevens St. to the northwest corner of said Lot 16, Stoneridge F.U.D. Subdivision Phase 2B to the east right-of-way of Stoneridge Dr.; Thence southeasterly along the Stoneridge Drive right-of-way also being the west property line of Lot 16,the northwest property line of Lot 15, and the north property line of Lot 14, Stoneridge P.U.D. Subdivision Phase 213, to the northwest corner of said Lot 14, Stoneridge P.U.D. Subdivision Phase 213; Thence along the west property line of said Lot 14 Stoneridge P.U.D. Subdivision Phase 2B to the southwest corner of said Lot 14, also being the northwest corner of Lot 13, Stoneridge P.U.D. Subdivision Phase 2A and the northeast corner of Lot 12, Stoneridge P.U.D. Subdivision Phase 2A; Thence along the north property lines of said Lot 12 and Lot 11, Stoneridge P.U.D. Subdivision Phase 2A to the northwest corner of said Lot 11, Stoneridge P.U.D. Subdivision Phase 2A and the north right-of-way of Annie St.; Thence along the said north right-of-way of Annie St. to the southeast corner of Tract 2 -A1, COS 1240A (Emily Dickenson School); Thence along the east property line of said Tract 2 -Al, COS 1240A a distance of 104.65 feet; Thence along a line parallel to and 100 feet northerly of the said north right -of-way line of Annie St., also being the south property line of said Tract 2 -A1, COS 1240A, which is lengthened or shortened as required to terminate on the west property line of said Tract 2- A1, COS 1240A also being the east right-of-way line of North 25`h Avenue; Thence westerly across North 251h Avenue right-of-way to the northeast corner of Lot 10, Block 6, Durston Meadows Subdivision, Phases 4 and 5; Thence along the north property line of Lots 10, 11, 12, 13, 14, 1.5, 16, 17, 18, and 19, Block 6, Durston Meadows Subdivision Phases 4 and 5, to the northwest comer of Lot 19, Block 6, Durston Meadows Subdivision Phases 4 and 5; Thence westerly across the North 27'h Avenue right-of-way to the northeast corner of Lot 1, Block 7, Harvest Creek Subdivision- Phase 2; Thence westerly along the north property line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 7, Harvest Creek Subdivision- Phase 2 to the northwest corner of said Lot 8, Block 7, Harvest Creek Subdivision- Phase 2 on the east right-of-way line of Buckrake Avenue; Thence westerly across Buckrake Avenue to the southeast corner of Lot 28, Block 13, Harvest Creek Subdivision-Phase 2 on the west right-of-way of Buckrake Avenue also being the corner of the Harvest Creek Subdivision Phases 3 and 4 park; Thence westerly along the south property line of said Lot 28,Block 13, Harvest Creek Subdivision-Phase 2 to the southwest corner of said Lot 28,Block 13, Harvest Creek Subdivision-Phase 2; Harvest Creek Subdivision Phases 3 and 4 Park to the northeast corner of Lot 2, Block 21, Harvest Creek Subdivision Phases 3 and 4; Thence along the north property line of said Lot 2, Block 21, Harvest Creek Subdivision Phases 3 and 4 to the northwest corner of Lot 2, Block 21, Harvest Creek Subdivision - Phases 3 and 4; Thence across the Hunters Way right-of-way to the northeast corner of Lot 2, Block 20, Harvest Creek Subdivision- Phases 3 and 4; Thence along the north property line of Lots 2 and 1, Block 20 Harvest Creek Subdivision - Phase 3 and 4 to the northeast corner of Lot 20, Block 20,Harvest Creek Subdivision-- Phases 8 and 9; Thence along the north property line of Lots 20, 19, 18, 17, 16,trail right-of-way, 15, 14, and 13, Block 20, Harvest Creek Subdivision-Phases 8 and 9 to the northwest corner of said Lot 13, Block 20, Harvest Creek Subdivision-Phases 8 and 9; Thence across the Springbrook Avenue right-of-way to the northeast corner of Lot 1 Block 38, Harvest Creek Subdivision Phases 8 and 9; Thence along the north property line of Lots 1, 2, 3,4, 5, 6, and 7, Block 38, Harvest Creek Subdivision --Phases 8 and 9 to the northwest corner of Lot7, Block 38, Harvest Creek Subdivision- Phases 8 and 9; Thence across the New Holland Drive right-of-way to the northeast corner of Lot 4, Block 29, Harvest Creek Subdivision; Thence along the north property line of Lots 4, 3, 2, and 1, Block 29, Harvest Creek Subdivision - Phases 8 and 9 to the northwest corner of Lot 1, Block 29, Harvest Creek Subdivision- Phases 8 and 9 and the easterly property line of Tract 4, the El/2, El /2, SE /4, Sec 3, T2S, R5E, filed on 87 FM 1984 with the Gallatin County Clerk and Recorder; Thence continuing westerly along a line parallel to and 1,157.81 feet north of the south property line of Tract 4, the El /2, E1 /2, SEI 14, See 3, T2S, ME, filed on 87 FM 1984 with the Gallatin County Clerk and Recorder and is lengthened or shortened as required to terminate on the west line of said Section 2; Thence southerly along the said west line of Section 3 also being the west property line of Tract 4, the El/2, El 12, SE 114, Sec 3, T2S, R5E, filed on 87 FM 1984 with the Gallatin County Clerk and Recorder, to the True Point of Beginning.