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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Homesite Annexation
MEETING DATE: April 24, 2006
BACKGROUND: On August 1, 2005, the City Commission held a public hearing on a request for
annexation of a 3 acre parcel located east of North 19th Avenue, west of North 17th Avenue, and south of
Stevens Street. The Commission preliminarily approved the proposed annexation, directing staff to
bring back an Annexation Agreement and Resolution of Annexation for Commission consideration.
RECOMMENDATION: Adopt Commission Resolution No 3911.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax
revenues from new development, along with increased costs to deliver municipal services to the property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager
Attachments: Commission Resolution No 3911.
COMMISSION RESOLUTION NO. 3911
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 L.A.S.T., LLC, owner
of the tract, requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include a certain contiguous tract of land located at 907 & 915 North 17th Avenue; and
WHEREAS, an annexation staff report has been prepared in accordance with the Commission's
goals and policies for annexation and was provided to the Commission on August 1, 2005; and
WHEREAS, Commission Resolution No. 3814 was adopted by the City Commission on July 5,
2005, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as to
include said contiguous tract within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3814 was duly noticed and held
on August 1, 2005; and
WHEREAS, on August 1, 2005, the Commission authorized and directed staff, upon satisfaction
by the applicant of the terms of approval, to prepare the necessary documents to proceed with the annexation
of this tract in accordance with Commission Resolution No. 3814; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way,
easements, water rights or cash in lieu, waivers of protest against creation of SIDs and water and sewer
hookup fees, to said contiguous tract is the subject of a written agreement between the City and L.A.S.T.,
LLC., record owner of the tracts; and
WHEREAS, said contiguous tracts are the subject of a plat or Certificate of Survey, filed in the
office of the Gallatin County Clerk and Recorder's Office; 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 thereof and of the inhabitants of the
contiguous tract.
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 43, MCA, the following-
described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed
- 2 -
to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include
such 3.1 acres of land, to wit:
That tracts 17 and 19 of the homesite subdivision, Township 2 South, Range 5 East, of
the SW quarter of Section 1, Gallatin County, Montana, described as follows:
commencing at the northwest corner of said tract 19, said point being on the east right-
of-way of North 19th Avenue; thence north 89/10’52” east, azimuth 570.68 feet; thence
south 00/39’23” east, azimuth 240.00 feet; thence south 89/10’52” west, azimuth
570.83 feet; thence north 00/37’21” west, azimuth 240.00 feet to the true point of
beginning.
Section 2
The effective date of this annexation is May 1, 2006.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated April
24, 2006, by and between the City of Bozeman and L.A.S.T., LLC.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 24th day of April, 2006.
__________________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
DEVIN M. HARBOUR
Acting City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney