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HomeMy WebLinkAboutE3 Res 3974 State Lands Annex Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: State Lands East Annexation MEETING DATE: November 6, 2006 BACKGROUND: On May 16, 2005, the City Commission held a public hearing on a request for annexation of a 206± acre parcel located west of Flora Lane, north of Mandeville Lane and east of Interstate 90. 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. 3974 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. 3974 COMMISSION RESOLUTION NO. 3974 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 the State of Montana, owner 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 tracts of land legally described as a tract of land being the SW ¼ of Section 36, less the Lewis & Clark Commercial Subdivision, Plat J-376, less Minor subdivision 320, Lot 1 and including Tract 2, COS 1723 and the W1/2, SE1/4 of Section 36, less the Gordon Mandeville State School Section Subdivision, T1S, R5E, PMM, Gallatin County, Montana, along with adjacent public streets, and generally located on north of Mandeville Lane and west of Flora Lane and east of Interstate 90; 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 April 18, 2005; and WHEREAS, Commission Resolution No. 3789 was adopted by the City Commission on April 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. 3789 was duly noticed and held on May 16, 2005; and WHEREAS, on May 16, 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. 3789; and WHEREAS, the provision of available services, including, but not limited to, easements, water rights or cash in lieu, to said contiguous tract is the subject of a written agreement between the City and the State of Montana, record owners of the tract; and WHEREAS, said contiguous tract is the subject of Certificates 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 these contiguous tracts is in the best interests of the City of Bozeman and the inhabitants thereof and of the owners of the contiguous tracts. 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 206 acres of land, to wit: A tract of land being the SW ¼ of Section 36, less the Lewis & Clark Commercial Subdivision, Plat J-376, less Minor subdivision 320, Lot 1 and including Tract 2, COS 1723 and the W1/2, SE1/4 of Section 36, less the Gordon Mandeville State School Section Subdivision, T1S, R5E, PMM, Gallatin County along with adjacent public streets. Said tract contains 206 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 6, 2006. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated November 6, 2006, by and between the City of Bozeman and State of Montana. 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 - 3 - City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney