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HomeMy WebLinkAboutF4 Adopt Res 3979 W Lincoln St Annexation Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: West Lincoln Road Annexation MEETING DATE: November 20, 2006 BACKGROUND: On September 7, 2004, the City Commission held a public hearing on a request for annexation of a 1.93± acre parcel located west of Alder Court Lane, south of Lincoln Road, and east of Maple Lane. 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. 3979 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. 3979 - 1 - COMMISSION RESOLUTION NO. 3979 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 Stoltz Beck Properties (now owned by Snowload LLC), owners of the tracts sought to be annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana, certain contiguous tracts of land generally located west of Alder Court Lane, south of Lincoln Road, and east of Maple Lane; 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 7, 2004; and WHEREAS, Commission Resolution No. 3702 was adopted by the City Commission on August 2, 2004, 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. 3702 was duly noticed and held on September 7, 2004; and WHEREAS, many neighboring property owners and nearby residents spoke in opposition to said annexation; and WHEREAS, the City received a petition opposing the annexation; and WHEREAS, on September 7, 2004, 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. 3702; 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 the record owner of the tracts; and - 2 - 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 to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 1.93 acres of land, to wit: Lots 26 and 27 of Beatty’s Alder Court Subdivision, Tract 1 as described in Document No. 2054756, Tract 2 as described in Document No. 2054753, and Tract E as described in Film 191, Page 2361, Records of Gallatin County, situated in the NW ¼ of the SW ¼ of Section 13, T2S, R5E, PMM, Gallatin County, Montana. Section 2 The effective date of this annexation is November 20, 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 Snowload, LLC. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of November 2006. _______________________________________ Jeff Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk - 3 - APPROVED AS TO FORM: _____________________________________ Paul J. Luwe, City Attorney