HomeMy WebLinkAboutE17 Res 3978 Wilda Lane Annex
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Wilda Lane Annexation
MEETING DATE: November 6, 2006
BACKGROUND: On June 20, 2005, the City Commission held a public hearing on a request for
annexation of a 3.34± acre parcel located south of West Babcock, and west of Babcock Meadows
Subdivision. 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. 3978
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. 3978
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COMMISSION RESOLUTION NO. 3978
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF
CERTAIN CONTIGUOUS TRACTS 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 John Helvy, 9267
Cayuse Trail, Bozeman, MT 59715; SAAM Real Estate, 7177 Jade Hill Lane, Bozeman, MT 59715,
and Dan Barnes, 511 N 18th Avenue, Bozeman, MT 59715, owners of the tract of land, 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 a Tracts 1B, 7 and 8, Cahill Subdivision and the adjacent Wilda
Lane right of way, Gallatin County, State of Montana; 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 June 20,
2005; and
WHEREAS, Commission Resolution No. 3802 was adopted by the City Commission on May
15, 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. 3802 was duly noticed and held
on June 20, 2005; and
WHEREAS, on June 20, 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.3802; 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 and water and sewer
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hookup fees to said contiguous tract is the subject of a written agreement between the City and Jerald
Swenson, record owner of the tract; and
WHEREAS, said contiguous tract is the subject of a plat, 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, 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 3.34 acres of land and adjacent right of way, to wit:
Tracts 1B, 7, and 8 Cahill Subdivision, Gallatin County, MT and adjacent right of way
for Wilda Lane and West Babcock Street.
Said tracts contains 3.34 acres, more or less, along with and subject to all easements of
record or apparent on the ground
Section 2
The effective date of this annexation is November 6th, 2006.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
November 6th, 2006 by and between the City of Bozeman and John Helvy, SAAM Real Estate, and
Dan Barnes.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 6th day of November 2006.
________________________________________
JEFF KRAUSS,
Mayor
ATTEST:
____________________________________
BRIT FONTENOT
Clerk of the Commission
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney