HomeMy WebLinkAboutCommission Resolution No. 4417
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Director
Tim McHarg, Planning Director
SUBJECT: Commission Resolution No. 4417 Ditton Annexation, A-12003
MEETING DATE: December 10, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approves Commission Resolution No. 4417
annexing Tract B-1A of Certificate of Survey No. 2392B as amended by the right-of-way highway acquisition and direct the City Manager to sign the Annexation Agreement for the A-12003 Ditton Annexation.
RECOMMENDED MOTION: “Having considered all of the information presented, I
hereby adopt Commission Resolution No. 4417 annexing Tract B-1 of Certificate of Survey
No. 2392B as amended by the right-of-way highway acquisition and direct the City Manager to sign the Annexation Agreement for the A-12003 Ditton Annexation”
BACKGROUND: Clara O. Ditton Living Trust received preliminary approval to annex a
19.42 acre parcel and adjacent right-of-way at 2210 Bridger Drive on June 11, 2012. The
annexation agreement has been signed and returned to the City for processing. Applicable
actions have been taken to address the terms of annexation. The City Manager must now be directed to sign the annexation agreement and this resolution be passed to complete the annexation process.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the resolution and annexation agreement.
2. Deny the resolution and annexation agreement. FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Annexation Agreement, Annexation Map and Commission Resolution No. 4417
Report compiled on: November 20, 2012
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RS(COUNTY)AS(COUNTY)ASR1R-SR-SR-1Existing A-SProposed R-S (City)AS(COUNTY)DITTON ANNEXATION MAP RTSec.1/4COUNTY:0FeetDRAWN :DATE :1SHEET NO.404 East Madison AvenueBelgrade, Montana 59714Phone:(406)539-9086E-MAIL: davidmalbert@aol.comDAVID M. ALBERTProfessional Land Surveyor10020040022
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COMMISSION RESOLUTION NO. 4417
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 Clara O. Ditton Living
Trust requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain
contiguous tract of land containing 20.00 acres lying generally on the south side of Highway 86/Bridger Drive
approximately one mile east of the intersection with Story Mill Road in the County of Gallatin, State of
Montana; and
WHEREAS, Clara O. Ditton Living Trust is the current landowner of record of property described as
Tract B-1A of Certificate of Survey No. 2392B as modified by the right-of-way highway acquisition located in
the SE ¼ of Section 32, T1S, R6E, 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 11, 2012; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 11, 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 11 2012, the Commission preliminarily approved the annexation and authorized
City Staff and the Clara O. Ditton Living Trust to negotiate the final annexation agreement to be presented for
consideration at a future City Commission meeting; and
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WHEREAS, on December 10, 2012, the Commission reviewed and approved the final annexation
agreement and authorized City Staff and the Landowner 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 the
Landowner; and
WHEREAS, said contiguous tract is described as Tract B-1A of Certificate of Survey No. 2392B as
modified by the right-of-way highway acquisition located in the SE ¼ of Section 32, T1S, R6E, 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 20.00 acres of
land, to wit:
Legal Description (Tract B-1A)
A tract of land in the south east quarter of Section 32, Township 1 South, Range 6 East, Principal
Meridian, Gallatin County, Montana, being Tract B-1A of Certificate of Survey 2392B as modified by right-of-way highway acquisition and being more particularly described as follows:
Beginning at the south east corner of said Tract B-1A from which the southeast corner of said Section 32 bears S 89o 25′ 40″ E 371.03 ft.; thence N 89o 25′ 40″ W 581.40 ft. along the south line of said Section 32; thence N 2o 14′ 30″ E 472.65 ft; thence S 89o 33′ 56″ W 223.35 ft.;thence S 89o 05′ 10″
W 190.50 ft.; thence N 1o 05′ 03″ W 451.35 ft. to a point on the southerly Right of Way of Secondary Highway 293; thence, along said Right of Way, easterly 23.88 ft. along a non-tangent curve to the left
with a radius of 1196.00 ft. a central angle of 1o 08′ 38″ and a chord that bears N 82o 42′ 34″ E 23.88
ft.; thence S 70o 19′ 40″ E 60.24 ft.; thence easterly 160.34 ft. along a non-tangent curve to the left with a radius of 1225.00 ft., a central angle of 7o 29′ 58″ and a chord that bears N 75o 54′ 17″ E
160.23 ft.; thence N 65o 33′ 01″ E 53.57 ft.; thence easterly 319.37 ft. along a non-tangent curve to
the left with a radius of 1220.00 ft., a central angle of 14o 59′ 56″ and a chord that bears N 62o 09′
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21″ E 318.46 ft.; thence N 38o 35′ 33″ E 54.74 ft.; thence northeasterly 42.26 ft along a non-tangent
curve to the left with a radius of 1206.00 ft., a central angle of 2o 00 ′ 28″ and a chord that bears N 51o
09′ 09″ E 42.26 ft.; thence N 50o 08′ 55″ E 109.84 ft.; thence N 75o 47′ 23″ E 55.46 ft.; thence N 50o 08′ 55″ E 212.82 ft.; thence, leaving said Right of Way, S 1o 19′ 28″ E 1407.18 ft to the point of
beginning containing 19.42 acres.
Legal Description (Highway 86/Bridger Drive R/W)
A tract of land in the south east quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian, Gallatin County, Montana, being part of Tract B-1A of Certificate of Survey 2392B and
being more particularly described as follows:
Beginning at a point on the highway right of way from which the north west corner of said Tract B-
1A bears S82o 42′ 34″W 23.88 ft.; thence S 70o 19′ 40″ E 60.24 ft.; thence easterly 160.34 ft. along a
non-tangent curve to the left with a radius of 1225.00 ft., a central angle of 7o 29′ 58″ and a chord that bears N 75o 54′ 17″ E 160.23 ft.; thence N 65o 33′ 01″ E 53.57 ft.; thence easterly 319.37 ft. along a
non-tangent curve to the left with a radius of 1220.00 ft., a central angle of 14o 59′ 56″ and a chord
that bears N 62o 09′ 21″ E 318.46 ft.; thence N 38o 35′ 33″ E 54.74 ft.; thence northeasterly 42.26 ft along a non-tangent curve to the left with a radius of 1206.00 ft., a central angle of 2o 00 ′ 28″ and a
chord that bears N 51o 09′ 09″ E 42.26 ft.; thence N 50o 08′ 55″ E 109.84 ft.; thence N 75o 47′ 23″ E 55.46 ft.; thence N 50o 08′ 55″ E 212.82 ft.; thence, N 1o 19′ 28″ W 43.46 ft. thence S 50o 08′ 55″ W 399.73 ft. thence southwesterly 668.06 ft. on a curve to the right with a radius of 1196.00, and a
central angle of 32o 00′ 20″ to the point of beginning containing 0.58 acres.
The described parcel has an area of 20.00 acres, more or less and is along with and subject to any
existing easements and includes adjacent un-annexed road right-of-way for Highway 86/Bridger Drive as
described on the Ditton Annexation Map.
Section 2
The effective date of this annexation is December 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 Clara O. Ditton Living Trust owners 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 10rd day of December, 2012.
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_________________________________
SEAN A. BECKER, Mayor
ATTEST:
_________________________________
STACY ULMEN City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN
City Attorney
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