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Home My WebLink AboutPacket 2007-02-20_396-424_Adopt Resolution 4003, Louis Annexation, # A-05008 Report compiled on February 12, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andy Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Louis Annexation #A-05008 Consent Item MEETING DATE: Tuesday, February 20, 2007 RECOMMENDATION: That the City Commission accepts said Louis Annexation Agreement and formally adopt Resolution of Annexation, Resolution No. 4003, to annex 4.0 acres to the City of Bozeman, Annexation File No. A-05008, contingent on the applicant addressing provisions for useable water rights, cash in-lieu of water rights, or a combination thereof. BACKGROUND: An annexation application requesting to annex 4.0 acres located along the west side of Thomas Lane, situated immediately east of Baxter Square Subdivision P.U.D. and west of Gallatin Center Subdivision P.U.D. The annexation approved by the City Commission in 2006 includes 3.6372 acres of partially developed suburban residential lots and 0.3628 acres of the adjoining Thomas Drive right-of-way. Provisions for acquiring useable water rights are currently being considered by the applicant as opposed to cash in-lieu of water rights, which is consistent with the City’s preferred policy on this matter. Attached please find the signed Annexation Agreement, Annexation Map, and Resolution of Annexation. UNRESOLVED ISSUES: None identified at this time, exclusive of water rights provisions. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from annexation of the property. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Dave Skelton at dskelton@bozeman.net if you have any questions. Respectfully submitted, _________________________________ _________________________________ Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Annexation Agreement and Annexation Map Resolution of Annexation No. 4003 397 398 COMMISSION RESOLUTION NO. 4003 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 H. and Mardie Louis, James D. and Bonnie L. Secor, and Brenda Baker, owner of a 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 lying along the west side of Thomas Lane and north of Baxter Lane in the County of Gallatin, State of Montana; and WHEREAS, William H. and Mardie Louis are the current landowners of record of Lot 4 and Lot 5, Baxter Lane Subdivision No. 1 of said tract, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, James D. and Bonnie L. Secor are the current landowners of record of Lot 6, Baxter Lane Subdivision No. 1 of said tract, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, Brenda Burden is the current landowner of record of Lot 7, Baxter Lane Subdivision No. 1 of said tract, requesting the City Commission to extend the boundaries of the City of Bozeman; 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 November 7, 2005; and WHEREAS, Commission Resolution No. 3875 was adopted by the City Commission on November 21, 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 399 WHEREAS, a public hearing on Commission Resolution No. 3875 was duly noticed and held on November 21, 2005; and WHEREAS, at the request of the applicant, William H. Louis, said public hearing on Commission Resolution No. 3875 was continued to January 17, 2006; and WHEREAS, said continued public hearing on Commission Resolution No. 3875 was opened before the City Commission on January 17, 2006; and WHEREAS, Bruce W. Campbell, 1163 Thomas Drive, landowner of Lot 1, Baxter Lane Subdivision No. 1, formally requested to be removed from said annexation request; and WHEREAS, the remainder tract to be annexed exclusive of said Lot 1, Baxter Lane Subdivision No. 1 is 3.6372 acres and the adjoining 0.3628 acres of Thomas Drive right-of-way; and WHEREAS, no objections to said annexation were raised at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on January 17, 2006, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with Commission Resolution No. 3875; 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 contiguous tract as described is the subject of a written agreement between the City and William H. and Mardie Louis, James D. and Bonnie L. Secor, and Brenda Baker, record land owners of said tract; and WHEREAS, said contiguous tract 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 contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. 2 400 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 59.823 acres of land, to wit: Tract Lots 4, 5, 6 and 7 of Baxter Lane Subdivision No. 1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana and further described as follows: Commencing at the South Quarter Corner of Section 35, Township 1 South, Range 5 East, of P.M.M., thence northerly 359° 55' 29", assumed azimuth from north 403.00 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 269° 16' 32" azimuth 30.00 feet to the southeast corner of Lot 7, Baxter Lane Subdivision No. 1, the point of beginning of the property to be described: thence continuing westerly 269° 16' 32" azimuth 300.63 feet along the south line of said Lot 7; thence northerly 359° 54' 30" azimuth 526.83 feet along the west line of Lots 7, 6, 5 and 4; thence easterly 089° 17' 21" azimuth 300.79 feet along the north line of said Lot 4; thence southerly 179° 54' 29" azimuth 526.76 feet along the east line of said Lots 4, 5, 6 and 7 to the point of beginning. Said Tract of land being 3.6372 acres of land, more or less, along with and subject to all existing easements of record or of fact; and Thomas Drive Dedicated Roadway That part of the Southwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, described as follows: Commencing at the South Quarter Corner of Section 35, Township 1 South, Range 5 East, of P.M.M., thence northerly 359° 55' 29" assumed azimuth from north, 403.00 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 269° 16' 32" azimuth 30.00 feet to the southeast corner of Lot 7 Baxter Lane Subdivision No. 1, the point of beginning of the property to be described: thence northerly 359° 55' 29" azimuth 526.76 feet along the westerly right of way line of Thomas Drive; thence easterly 089° 17' 21" azimuth 30.00 feet; thence southerly 179° 54' 29" azimuth 526.76 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 269° 16' 32" azimuth 30.00 feet to the point of beginning. Said roadway of land being 0.3628 acres of land, more or less, along with and subject to all existing easements of record or of fact; and 3 401 Section 2 The effective date of this annexation is February 20, 2007. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated April 26, 2006, by and between the City of Bozeman and William H. and Mardie Louis, James D. and Bonnie L. Secor, and Brenda Baker, owners of said tract of land. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of February 2007. _______________________________________ JEFFERY K. KRAUSS, Mayor ATTEST: ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 4 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424