HomeMy WebLinkAboutApprove Resolution 4508, annexing 6.2076 acres and approving agreement for Hanson, A13003_10
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner
Wendy Thomas, Director of Community Development
SUBJECT: Approve Resolution No. 4508 annexing 6.2076 acres, located north of Durston Road and east of Hanson Street and authorize the City Manager to sign the finalized agreement for the Hanson Annexation. Application
A13003
MEETING DATE: February 24, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approves Commission Resolution No. 4508 annexing the 6.2076 acre tract known as the Hanson Annexation, including the adjacent
right-of-ways for Durston Road, (as required by State Statute).
BACKGROUND: Vision Development received unanimous preliminary approval to annex the
subject property located north of Durston Road and east of Hanson Street on January 27, 2014. 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 Resolution No. 4508
Report compiled on: February 14, 2014
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COMMISSION RESOLUTION NO. 4508
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 Hanson
Irrevocable Trust and Vision Development, Inc., Dennis Balian, requesting the City Commission
to extend the boundaries of the City of Bozeman so as to include an area of land containing 6.2076
acres, lying northeast of the intersection of Durston Road and Hanson Street; and
WHEREAS, Vision Development, Inc., is the current landowner of record of property
described as Tract 2A, COS 501 located in the Southeast One-Quarter (SE ¼) of Section 3,
Township Two South (T02S), Range Five East (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 January
27, 2014; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
January 27, 2014; 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 January 27, 2014, the Commission preliminarily approved the
annexation and authorized City Staff and Vision Development to prepare and execute the final
annexation agreement to be presented for consideration at a future City Commission meeting; and
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Resolution 4508, Hanson Annexation
Page 2 of 3
WHEREAS, on February 24, 2014, 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,
reimbursement of the Durston Road payback district, 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 2A, COS 501 located in the
Southeast One-Quarter (SE ¼) of Section 3, Township Two South (T02S), Range Five East
(R5E), PMM, 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, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann.,
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 6.2076 acres, to wit:
Legal Description
An area of land being Tract 2A of Certificate of Survey No. 501, together with the strip of land
described in Document No. 2268861, on file and of record in the office of the Clerk and
Recorder, Gallatin County, Montana, and located the Southeast Quarter of Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and further described as follows:
Commencing at the Southeast corner of Section 3, Township 2 South, Range 5 East; thence
westerly 269°59'52" azimuth from north, 262.06 feet along the South line of said Section 3, to the Southeast corner of Tract 2A of Certificate of Survey No. 501 and the Point of Beginning of
the Parcel herein described; thence continue westerly 269°59'52" azimuth, 392.83 feet along the
South line of said Section 3 thence northerly 001°09'56" azimuth, 690.18 feet; thence easterly
090°14'41" azimuth, 364.86 feet; thence southerly 178°12'14" azimuth, 93.53 feet; thence
easterly 089°59'52" azimuth, 30.00 feet; thence southerly 181°49'43" azimuth, 595.29 feet to the point of beginning.
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Resolution 4508, Hanson Annexation
Page 3 of 3
The described parcel has an area, including adjacent road right-of-ways, of 270,403
square feet or 6.2076 acres, more or less and is along with and subject to any existing easements
as described on the Hanson Annexation Map.
Section 2
The effective date of this annexation is February 24, 2014.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated February 24, 2014, by and between the City of Bozeman and Vision Development, Inc.,
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 24th day of February, 2014.
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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