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
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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
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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.
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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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