HomeMy WebLinkAboutResolution 4428, Cresent Cross, A-12006, Annexation of 10 acres Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director
SUBJECT: A-12006, Annexation of 10 acres located at the SE corner of the
intersection of Huffine Lane and S. Cottonwood Road, authorization for the City Manager to sign the finalized annexation agreement.
MEETING DATE: December 28, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign the annexation agreement for
application A-12006 with terms as previously approved by the City Commission.
SUGGESTED MOTION: Having reviewed all of the information presented, I hereby diret the
City Manager to sign the annexation agreement on behalf of the City for application A-12006
and for staff to complete such steps as are necessary to complete the annexation process.
BACKGROUND: An application to annex 10 acres was received on August 8, 2012. The parcel to be annexed is adjacent to the City on two sides and the annexation meets the criteria
from Commission Resolution 3907. The City Commission previously gave preliminary approval
and directed the preparation of the required annexation agreement. This is the last Commission
action to complete the annexation process.
UNRESOLVED ISSUES: None ALTERNATIVES: 1) Direct the City Manager to sign the agreement, 2) Others as identified
by the City Commission.
FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future development will generate both costs and revenues dependent on the nature of any future
development.
Attachments: Annexation Agreement Annexation map Report compiled on: December 20, 2012
67
1
COMMISSION RESOLUTION NO. 4428
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 Cresent Cross limited
partnership requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an
area of land containing 11.87 acres lying southeast of the intersection of Huffine Lane and Cottonwood Road; and
WHEREAS, Cresent Cross is the current landowner of record of property described as a portion of Lot
1 of Minor Subdivision 454 located in the W ½ of Section 15, 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 October 1, 2012; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on October 1,
2012; and
WHEREAS, no members of the public spoke in opposition 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 October 1, 2012, the Commission preliminarily approved the annexation and
authorized City Staff and the Cresent Cross limited partnership to negotiate the final annexation agreement to be
presented for consideration at a future City Commission meeting; and
68
2
WHEREAS, on December 28, 2012, the Commission reviewed and approved the final annexation
agreement and authorized City Staff and the Landowner to 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 a portion of Lot 1 of Minor Subdivision 454 located in the W ½
of Section 15, 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 11.87 acres of
land, to wit:
Legal Description
A tract of land being Road Lot 1 and a portion of Lot 1 of Minor Subdivision No. 454
on record with the Gallatin County Clerk and Recorder, located in the West One-Half
of Section 15, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M),
Gallatin County, Montana being more particularly described as follows: Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from
which the west one-quarter corner of said Section 15 bears South 11° 45' 12" West
a distance of 2672.56 feet;
thence South 00° 04' 49" East a distance of 891.70 feet to a calculated position; thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap;
thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap;
thence South 00° 05' 02" East a distance of 464.33 feet to an Alpine aluminum cap;
thence North 89° 51' 07" West a distance of 60.00 feet to a calculated position; thence North 00° 05' 02" West a distance of 1358.01 feet to a calculated position; thence South 89° 51' 07" East a distance of 60.00 feet to an Alpine aluminum cap;
69
3
thence South 89° 51' 07" East a distance of 488.23 feet to the Point of Beginning containing 11.87 acres, more or less.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
The described parcel has an area of 11.87 acres, more or less and is along with and subject to any
existing easements and includes adjacent road right-of-way for Cottonwood Road as described on the Cresent
Cross Annexation Map.
Section 2
The effective date of this annexation is December 28, 2012.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated December 7,
2012, by and between the City of Bozeman and Cresent Cross limited partnership 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 28th day of December, 2012.
_________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92