HomeMy WebLinkAboutApprove Resolution 4501, Annexation and Agreement Pine Meadows, A12007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Senior Planner
Wendy Thomas, Director of Community Development
SUBJECT: Approve Resolution No. 4501 annexing 4.02 acres, and adjacent road right-of-ways, for a total of 6.14 acres, located south of Durston Road, east of Valley Drive – Authorize the City Manager to sign the finalized
agreement for the Pine Meadows Annexation, Application A12007.
MEETING DATE: January 27, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approves Commission Resolution No. 4501 annexing the 4.02 acre tract known as the Pine Meadows Annexation, including the adjacent
right-of-ways for Valley Drive and Durston Road, (as required by State Statute), and directs the
City Manager to sign the annexation agreement.
BACKGROUND: Lorie L. Hovanec, represented by Madison Engineering, LLC, received preliminary approval to annex the subject property located south of Durston Road, east of Valley Drive, on February 4, 2013. The annexation agreement and accompanying required documents
have now been signed and returned to the City for processing. Applicable actions have also 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. 4501
Report compiled on: January 16, 2014
95
Page 1 of 3
COMMISSION RESOLUTION NO. 4501
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 Lorie L. Hovanec
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area
of land containing 4.02 acres, and adjacent road right-of-ways, for a total of 6.14 acres, lying southeast of
the intersection of Durston Road and Valley Drive; and
WHEREAS, Lorie L. Hovanec is the current landowner of record of property described as
Tract 7, 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 February 4,
2013; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
February 4, 2013; 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 February 4, 2013, the Commission preliminarily approved the annexation
and authorized City Staff and Lorie L. Hovanec to negotiate the final annexation agreement to be
presented for consideration at a future City Commission meeting; and
WHEREAS, on January 27, 2014, the Commission reviewed and approved the final
annexation agreement and authorized City Staff and the Landowner to execute the documents; and
96
Page 2 of 3
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 known as Tract 7 of the Smith Subdivision, with an
address of 310 Valley Drive, 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 4.02 acres, and adjacent road right-of-ways, to wit:
Legal Description
An area of land being Tract 7 of the Smith Subdivision on record with the Gallatin County Clerk and
Recorder and a portion of the Durston Road & Valley Drive Rights-of-Way, all 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 a point on the section line between Sections 2 & 11 Township 2 South, Range 5 East,
Principal Meridian Montana (P.M.M);
thence North 89° 46’ 00” East a distance of 317.08 feet; thence South 00° 44’ 00” West a distance of 164.00 feet;
thence North 89° 46’ 00” East a distance of 10.00 feet;
thence South 00° 44’ 00” West a distance of 1170.18 feet;
thence South 89° 27’ 40” West a distance of 225.28 feet; thence North 00° 46’ 00” East a distance of 1.90 feet; thence North 151.95 feet along a non-tangential curve concave to the east having a radius of 794.00
feet and a central angle of 10° 57’ 54”; a chord bearing of North 06° 14’ 57” East and a chord length of
151.72 feet;
thence North 11° 44’ 00” East a distance of 21.06 feet;
97
Page 3 of 3
thence north 140.92 feet along a non-tangential curve concave to the west having a radius of 734.00
feet and a central angle of 11°01’01”; a chord bearing of North 06° 14’ 00” East and a chord length of
140.70 feet;
thence North 00° 43’ 59” East a distance of 977.28 feet; thence South 89° 46’ 00” West a distance of 133.15 feet; thence North 00° 14’ 50” West a distance of 45.00 feet to the Point of Beginning
containing 6.135 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, including adjacent road right-of-ways, of 6.135 acres, more
or less and is along with and subject to any existing easements as described on the Pine Meadows
Annexation Map.
Section 2
The effective date of this annexation is January 27, 2014.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
January 27, 2014, by and between the City of Bozeman and Lorie L. Hovanec owner 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 27th day of January, 2014.
_____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk APPROVED AS TO FORM:
____________________________________ GREG SULLIVAN City Attorney
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114