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Home My WebLink AboutApprove Resolution 4525 annexing 4.718 acres for Simmental, A13004 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Approve Resolution No. 4525 annexing 4.718 acres, located southeast of the intersection of Campbell Road and Springhill Road and authorize the City Manager to sign the finalized agreement for the Simmental Annexation. Application A13004. MEETING DATE: April 21, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approves Commission Resolution No. 4525 annexing the 4.718 acre tract known as the Simmental Annexation, including the adjacent right-of-way for Campbell Road, (as required by State Statute). BACKGROUND: First Montana Bank received unanimous preliminary approval to annex the subject property located southeast of the intersection of Campbell Road and Springhill Road on January 13, 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. 4525 Report compiled on: April 11, 2014 70 Resolution 4525, Simmental Annexation Page 1 of 4 COMMISSION RESOLUTION NO. 4525 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 First Montana Bank requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 4.718 acres, lying southeast of the intersection of Campbell Road and Springhill Road; and WHEREAS, American Simmental Association, is the current landowner of record of property described as Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, 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 13, 2014; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on January 13, 2014; and WHEREAS, no members of the public spoke in opposition to said annexation at the public meeting; and 71 Resolution 4525, Simmental Annexation Page 2 of 4 WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on January 13, 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 WHEREAS, on April 21, 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 Bozeman Solvent Site 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 Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, 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 4.718 acres, to wit: 72 Resolution 4525, Simmental Annexation Page 3 of 4 Legal Description An area of land comprised of two tracts described as follows: Campbell Road Right-of-Way A tract of land being a portion of the Campbell Road Right-of-Way adjacent to the northern boundary of Lot 1, Block 2 of the Amended Plat of Walker property Subdivision, located in Southeast One-Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: BEGINNING at a Gaston yellow plastic cap at the northwest corner of said Lot 1, from which a Gaston yellow plastic cap bears North 89° 59’ 52" West a distance of 3.60 feet; thence North 01° 39' 19" West a distance of 60.03 feet to a calculated position; thence South 89° 59' 52" East a distance of 73.08 feet to a calculated position; thence east a distance of 226.56 feet along a tangential curve concave south having a radius of 767.73 feet, a central angle of 16° 54' 30", a chord bearing of South 81° 32' 38" East and a chord length of 225.74 feet to a calculated position to a calculated position; thence South 16° 54' 37" West a distance of 60.00 feet to a Gaston yellow plastic cap; thence west a distance of 208.86 feet along a non-tangential curve concave south having a radius of 707.77 feet, a central angle of 16° 54' 27", a chord bearing of North 81° 32' 39" West and a chord length of 208.10 feet to a calculated position; thence North 89° 59' 52" West a distance of 71.34 feet to the Point of Beginning containing acres 0.4000 acres more or less. A tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, R5E, PMM, Gallatin County, Montana and being further described as follows: Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE corner of the intersection of Springhill Road and Campbell Road; thence from said point of beginning along the southerly right-of- way of Campbell Road the following two courses, (1) S89°59’52”E 74.94 feet and (2) along a curve to the right with a radius of 707.77 feet 208.86 feet to a point on the westerly line of the Common Open Space Tract in said Block 2; thence along said line the following two courses, (1) S41°15’21”E 598.12 feet, and (2) S39°54’20”W 121.62 feet to a point on the northerly right-of-way line of North 19th Avenue; thence along said line the following three courses, (1) along a non-tangent curve to the left having a radial bearing of N37°25’00”E, a radius of 1094.93 feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and distance of N70°25’33W 268.10 feet, and (3) N73°01’05”W 112.20 feet to a point on the easterly right-of-way line of Springhill Road; thence along said line the following three courses, (1) along a non-tangent curve to the right having a radial bearing of S87°21’38”W, a radius of 7579.40 feet 177.41 feet, (2) N44°26’32”W 27.69 feet, (3) N01°46’48”E 125.23 feet to the point of beginning. Said Tract being 4.318 acres. 73 Resolution 4525, Simmental Annexation Page 4 of 4 The described parcel has an area, including adjacent road right-of-ways, of 4.718 acres, more or less and is along with and subject to any existing easements as described on the Simmental Annexation Map. Section 2 The effective date of this annexation is April 21, 2014. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated April 21, 2014, by and between the City of Bozeman and American Simmental Association 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 21st day of April, 2014. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 74 75