HomeMy WebLinkAboutResolution 4429, annexing 6.66 acres located at 5200 Durston Road and Agreement
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Steve Worthington, Community Development Director
SUBJECT: Resolution No. 4429 annexing 6.66 acres located at 5200 Durston Road – Authorization for the City Manager to sign the finalized agreement for the Christenot Annexation (A-11001)
MEETING DATE: January 28, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approves Commission Resolution No. 4429 annexing the 6.66 acre tract known as the Christenot Annexation and direct the City Manager to sign the Annexation Agreement.
BACKGROUND: The Orville Christenot RLT received preliminary approval to annex a 6.66
acre parcel at 5200 Durston Road on November 28, 2011. 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: Annexing the property and establishing the new municipal zoning will
enable future development with connection to 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 services.
Attachments: Annexation Agreement, Annexation Map and Commission Resolution No. 4429
Report compiled on: January 15, 2013
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COMMISSION RESOLUTION NO. 4429
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 Orville
Christenot RLT requesting the City Commission to extend the boundaries of the City of Bozeman so as
to include an area of land containing 6.66 acres lying southeast of the intersection of Durston Road and
Valley Drive; and
WHEREAS, the Orville Christenot RLT is the current landowner of record of property
described as a portion of Lot 6, Smith Subdivision located in the NW ¼ of Section 11, T2S, R5E, PMM
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 August 29,
2011 and November 28, 2011; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
August 29, 2011 and was continued and held again on November 28, 2011; 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
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WHEREAS, on November 28, 2011, the Commission preliminarily approved the annexation
and authorized City Staff and the Orville Christenot RLT to negotiate the final annexation agreement to
be presented for consideration at a future City Commission meeting; and
WHEREAS, on January 28, 2013, 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 Tract 6, Smith Subdivision located in the
NW ¼ of Section 11, 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 6.66 acres of land, to wit:
Legal Description
A portion of land being Tract 6 of the Smith Subdivision on record with the Gallatin County
Clerk and Recorder and a portion of the adjacent Durston Road Right of Way located in the Northwest One-Quarter of Section 11 Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows:
Beginning at the northwest corner of said Tract 6; thence North 00° 56’ 38” East a distance of 45
feet to the northern boundary of said Section 11; thence South 89° 03’ 22” East a distance of 187.03 feet along the northern boundary of Section 11; thence South 00° 56’ 38” West a distance of 45 feet to the Northeast corner of Tract 6; thence South 02° 01’ 57” West a distance of 1,289.91 feet to the Southeast corner of Tract 6; thence North 89° 07’ 47” West a distance of
326.49 feet to the Southwest corner of Tract 6; thence North 02° 01’ 57” East a distance of 331.24
feet; thence South 89° 03’ 22” East a distance of 135.45 feet; thence North 02° 01’ 57” East a
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distance of 714.10 feet; thence South 89° 03’ 22” East a distance of 4.0 feet; thence North 02° 01’ 57” East a distance of 244.99 feet to the Point of Beginning containing 6.66 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 6.66 acres, more or less and is along with and subject to
any existing easements and includes adjacent road right-of-way for Durston Road as described on the
Christenot Annexation Map.
Section 2
The effective date of this annexation is January 28, 2013.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated November 30, 2012, by and between the City of Bozeman and the Orville Christenot RLT owners of said tract of land.
APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session
thereof held on the 28th day of January, 2013.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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