HomeMy WebLinkAboutPacket 2007-02-20_388-392_Adopt Resolution No. 4002, Morgan Annexation, # A-06010
Report compiled on February 12, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Resolution of Annexation No. 4002 for Morgan Annexation, A-06010
Consent Item
MEETING DATE: Tuesday, February 20th, 2007
BACKGROUND: An annexation application to annex 1.097 acres located at 3017 West Babcock
Street. The City Commission approved the annexation application on Monday, November 6th, 2006.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: The City Commission adopts the Resolution of Annexation No. 4002
for the Morgan Annexation.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from annexation of the property, and costs from additional service demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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COMMISSION RESOLUTION NO. 4002
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND TO SAID CITY, KNOWN AS “TRACT 2 OF
COS 2276, IN THE NW1/4 OF SECTION 11, TOWNSHIP 2S, RANGE 5E, PMM,
GALLATIN COUNTY, MONTANA”AND HEREIN MORE
PARTICULULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Morgan Homes, Inc.,
owner of the lot, containing the signatures of 100 percent of the real property owners of the area, requesting
the City Commission to establish the boundaries of the City of Bozeman so as to include the tract of land
know as Tract 2 of COS 2276, in the NW ¼ of Section 11, T2S, R5E, PMM, located at 3017 West Babcock
Street, in the County of Gallatin, 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; and
WHEREAS, the City did not receive any written protest from the real property owners of the area
to be annexed; and
WHEREAS, on November 6, 2006, the Commission authorized and directed Staff to process a
“Part 46 Annexation” and prepare the necessary documents to proceed with the annexation of this lot in
accordance with their decision regarding the provision of services to said tract; 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
hookup fees, to said lots is the subject of a written agreement between the City of Bozeman and Morgan
Homes, Inc., record owner of the lot; and
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WHEREAS, said lot is the subject of a plat(s) or Certificate(s) 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 lot is in the
best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the 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 46, M.C.A., the following-
described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified
so as to embrace and include such 1.097 acres of land, to wit, and as further described on Exhibit A,
attached hereto:
A 1.097 acre tract 2 of COS 2276, in the NW ¼ of Section 11, T2S, R5E, PMM, located
at 3017 West Babcock Street, Gallatin County, Montana; and
Section 2
The effective date of this annexation is ________________________, 2007.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
_____________________, by and between the City of Bozeman and Morgan Homes, Inc.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the day 2007.
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_________________________________________
JEFF KRAUSS, Mayor
ATTEST:
____________________________________
Clerk of the Commission
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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