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HomeMy WebLinkAboutResolution 4418, Kirk Annexation Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Chris Kukulski, City Manager SUBJECT: Commission Resolution No. 4418 Kirk Annexation, A-12005 MEETING DATE: April 15, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approves Commission Resolution No. 4418 annexing Lot 9, Block 1, Walker Property Subdivision and authorizes the City Manager to sign the Annexation Agreement for the A-12005 Kirk Annexation. RECOMMENDED MOTION: “Having considered all of the information presented, I hereby adopt Commission Resolution No. 4418 annexing Lot 9, Block 1, Walker Property Subdivision and direct the City Manager to sign the Annexation Agreement for the A- 12005 Kirk Annexation.” BACKGROUND: Roger Kirk received preliminary approval to annex a 1.92 acre parcel and on August 6, 2012. The applicant was granted an extension to the 60-day time period to complete the contingencies and terms of the annexation approval needing additional time to review the annexation agreement document. 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. 4418 Report compiled on: April 3, 2013 18 1 COMMISSION RESOLUTION NO. 4418 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 Roger S. Kirk requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land containing 1.92 acres located along the south side of Gibson Drive and sited in Walker Property Subdivision approximately one mile east of the intersection with Campbell Road in the County of Gallatin, State of Montana; and WHEREAS, Roger S. Kirk is the current landowner of record of property described as Lot 9, Block 1 of Walker Property Subdivision located in the SW ¼ of Section 25, T1S, 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 August 6, 2012; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on August 6, 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 August 6, 2012, the Commission preliminarily approved the annexation and authorized City Staff and the Roger S. Kirk to negotiate the final annexation agreement to be presented for consideration at a future City Commission meeting; and WHEREAS, on April 15, 2013, 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 19 2 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 Lot 9, Block 1 of Walker Property Subdivision located in the SW ¼ of Section 25, T1S, 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 1.92 acres of land, to wit: A tract of land in the south west quarter of Section 25, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana. The described parcel has an area of 1.92 acres, more or less and is along with and subject to any existing easements as described on the Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Map. Section 2 The effective date of this annexation is April 15, 2013. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated February 14, 2013, by and between the City of Bozeman and Roger S. Kirk owner 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 15th day of April, 2013. 20 3 _________________________________ SEAN A. BECKER, Mayor ATTEST: _________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36