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HomeMy WebLinkAboutD8 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: Lydens Annexation MEETING DATE: April 24, 2006 BACKGROUND: On September 19, 2005, the City Commission held a public hearing on a request for annexation of a 13 acre parcel located on the southeast corner of the intersection of Durston Road and Fowler Avenue extended. 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 3912. 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 3912. COMMISSION RESOLUTION NO. 3912 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 William & Lois Lydens, owners 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 legally described as Tract 8 Less West 165 Feet and the Tract 8 West 165 Feet, Smith Subdivision situated in the N½, NW¼, Section 11, T2S, R5E, PMM, and Unplatted Tract Referenced in Deed Book 155, Pages 56-57 and situated in the NE¼, NE¼, Section 10, T2S, R5E, PMM Gallatin County, Montana and generally located on southeast corner of the intersection of Durston Road and Fowler Avenue extended; 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 September 19, 2005; and WHEREAS, Commission Resolution No. 3822 was adopted by the City Commission on July 18, 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. 3822 was duly noticed and held on July 18, 2005; and WHEREAS, on September 19, 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. 3822; 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 SID's, water and sewer hookup to said contiguous tract is the subject of a written agreement between the City and William & Lois Lydens, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a 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. - 2 - 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, 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 13.225 acres of land, to wit: Tract 8 Less West 165 Feet and Tract 8 West 165 Feet, Smith Subdivision situated in the North one-half, Northwest quarter, Section 11, Township 2 South, Range 5 East, PMM, and Unplatted Tract Referenced in Deed Book 155, Pages 56-57 and situated in the Northeast quarter, Northeast quarter, Section 10, Township 2 South, Range 5 East, PMM Gallatin County, Montana 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 December 14, 2005, by and between the City of Bozeman and William & Lois Lydens. 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