HomeMy WebLinkAboutResolution 4430, annexing 2 acres located south of Durston and East of Valley Drive and Agrement
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Steve Worthington, Community Development Director
SUBJECT: Resolution No. 4430 annexing 2.0 acres located south of Durston Road, East of Valley Drive – Authorization for the City Manager to sign the finalized agreement for the Leep Annexation (A-12001)
MEETING DATE: January 28, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approves Commission Resolution No. 4430 annexing the 2.0 acre tract known as the Leep Annexation and direct the City Manager to sign the Annexation Agreement.
BACKGROUND: Leep Dairy LLC received preliminary approval to annex a 2.0 acre parcel
located south of Durston Road, East of Valley Drive, on May 21, 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: 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. 4430
Report compiled on: January 15, 2013
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COMMISSION RESOLUTION NO. 4430
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 Leep Dairy LLC
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area
of land containing 2.0 acres lying southeast of the intersection of Durston Road and Valley Drive; and
WHEREAS, Leep Dairy LLC is the current landowner of record of property described as a
portion of Lot 6B, 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 May 21, 2012;
and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on May
21, 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 May 21, 2012, the Commission preliminarily approved the annexation and
authorized City Staff and Leep Dairy LLC to negotiate the final annexation agreement to be presented for
consideration at a future City Commission meeting; and
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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 6B, 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 2.0 acres of land, to wit:
Legal Description
A portion of land being Tract 6B of the Smith Subdivision on record with the Gallatin County
Clerk and Recorder 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 6B; thence South 02° 01’ 57” West a distance of
640.60 feet; thence North 89° 03’ 22” West a distance of 135.45 feet; thence North 02° 01’ 57” East a distance of 640.60 feet; thence South 89° 03’ 22” East a distance of 135.45 feet to the Point of Beginning containing 2.0 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 2.0 acres, more or less and is along with and subject to
any existing easements as described on the Leep Annexation Map.
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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 29, 2012, by and between the City of Bozeman and the Orville Christenot RLT 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 January, 2013.
_________________________________ SEAN A. BECKER Mayor
ATTEST:
_________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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