HomeMy WebLinkAboutResolution 4395, Annexing 8th Elementary School Project, A-12002
REPORT TO: Honorable Mayor and City Commission
FROM Doug Riley, Associate Planner
Tim McHarg, Director, Planning and Community Development
SUBJECT: 8th Elementary School Annexation #A-12002 – Resolution #4395
MEETING DATE: Monday, September 10, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 4395 annexing the 42.935 acre tract known as the 8th
Elementary School Annexation.
BACKGROUND: The City received an application for annexation of the subject property from
Bozeman School District No. 7. The property is located on the north side of Durston Road between
Cottonwood Road and Flanders Mill Road and is contiguous to the City to the south, west and east. The
tract is approximately 42.935 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 4, 2012 and the final terms of the annexation agreement on July 23,
2012. 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 a modified resolution as directed by the City Commission.
3) Not approve the resolution.
FISCAL EFFECTS: Annexing the property will enable development on the property with connection
to City sewer and water services and service by the public services (police, fire, streets, etc.) of the City.
Impact fees, water rights and other related fees as indentified in the terms of annexation will have to be
paid as part of development of the property. The City will accrue additional costs to service the property
with municipal services.
Attachments: Resolution 4395, Annexation Agreement and Map
Report compiled on: August 16, 2012
Commission Memorandum
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COMMISSION RESOLUTION NO. 4395
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 Bozeman School District No.
7 requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain
contiguous tract of land containing 42.935 acres lying generally on the north side of Durston Road, between
Cottonwood Road and Flanders Mill Road in the County of Gallatin, State of Montana; and
WHEREAS, Bozeman School District No. 7 is the current landowner of record of property described
as Tract 2A of Certificate of Survey No. 2554A located in the SW ¼ of Section 3, T2S, R5E, P.M.M. 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 4, 2012; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 4, 2012;
and
WHEREAS, no members of the public spoke in regards to said annexation at the public meeting; and
WHEREAS, the City did not receive any written protest from the real property owners of the area to be
annexed; and
WHEREAS, on June 4, 2012, the Commission preliminarily approved the annexation and authorized
City Staff and the School District to negotiate the final annexation agreement to be presented for consideration at a
future City Commission meeting; and
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Resolution No. 4395, Annexing Land
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WHEREAS, on July 23, 2012, the Commission reviewed and approved the final annexation
agreement and authorized City Staff and the School District to prepare the final annexation documents and execute
the documents; and
WHEREAS, the provision of available services, including, but not limited to, streets, 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 Bozeman
School District No. 7; and
WHEREAS, said contiguous tract is described as Tract 2A of Certificate of Survey No. 2554A
located in the SW ¼ of Section 3, T2S, R5E, P.M.M. 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 and the inhabitants/owners thereof.
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 42.935 acres of
land, to wit:
A parcel of land, said parcel being Tract 2A of Certificate of Survey No. 2554A, being located in the Southwest
Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County Montana
and said parcel being further described as follows:
Beginning at the southeast corner of said Tract 2A; thence North 89°38'26" West, on the south line of said
Section 3, a distance of 1319.38 feet; thence North 01°07'40" East, on the west line of said section, a distance of
1314.04 feet; thence South 89°52'39" East, a distance of 149.35 feet; thence on a curve to the left with a radius
of 263.00 feet, a central angle of 30°14'31", and an arc length of 138.82 feet; thence North 59°52'50" East, a
distance of 104.94 feet; thence on a curve to the right with a radius of 337.00 feet, a central angle of 30°14'31",
and an arc length of 177.88 feet; thence South 89°52'39" East, a distance of 780.85 feet; thence South 01°10'34"
West, on the east line of Tract 2A, a distance of 1454.05 feet to the Point of Beginning.
The described parcel has an area of 42.935 acres, more or less and is along with and subject to any existing
easements and includes adjacent un-annexed Road R/Ws for Flanders Mill and Durston Roads as described on
the 8th Elementary School Annexation Map.
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Resolution No. 4395, Annexing Land
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Section 2
The effective date of this annexation is September 10, 2012.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated September
10, 2012, by and between the City of Bozeman and Bozeman School District No. 7 owners of said tract of land.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 10th day of September, 2012.
_________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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