HomeMy WebLinkAbout16 - 05-07-2007_Approve Resolution 4019, Norton East Ranch Annexat_16
Report compiled on April 30, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Norton East Ranch Annexation, #A-06002
RESOLUTION OF ANNEXATION
MEETING DATE: Monday, May 7, 2007
CONSENT AGENDA
RECOMMENDATION: The City Commission approves Resolution #4019 to formally annex the
Norton East Ranch Annexation.
BACKGROUND: On Monday, August 21, 2006, the City Commission voted 4 to 0 to approve this
request for annexation, and 4 to 0 to conditionally approve the requested mix of initial municipal
zoning designations. The applicants have fulfilled the terms of annexation attached to their
approval. The Resolution of Annexation has been prepared and is now ready to be acted upon to
formally complete the annexation process.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS:
City Commission Resolution #4019
Annexation Agreement signed by the property owner
Property owner’s submittal
Exhibit
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COMMISSION RESOLUTION NO. 4019
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 Freund-Spencer,
LLC, 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 north side of Baxter Lane in
the County of Gallatin, State of Montana; and
WHEREAS, Norton Properties LLC is the current landowner of record of property described
as the SE¼NW¼, SW¼NE¼, E½SW¼, W½SE¼ in Section 9, Township 2S, Range 5E, PMM, Gallatin
County, Montana, 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 July 12,
2006; and
WHEREAS, Commission Resolution No. 3919 was adopted by the City Commission on July
12, 2006 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. 3919 was duly noticed and held
on August 21, 2006; and
WHEREAS, said continued public hearing on Commission Resolution No. 3919 was opened
before the City Commission on August 21, 2006; and
WHEREAS, Al Lien, 8507 Huffine Lane, spoke at the public hearing, requesting more details
about the proposal and expressing concern about traffic conditions in the vicinity; and
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WHEREAS, no other members of the public expressed objections to said annexation 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 August 21, 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. 3919; 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 Norton Properties LLC; and
WHEREAS, said contiguous tract is described as described as the SE¼NW¼, SW¼NE¼,
E½SW¼, W½SE¼ in Section 9, Township 2S, Range 5E, PMM, Gallatin County, Montana; 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 239.1 acres of land, to wit:
Tract
Being a parcel of land located in the SE1/4NW1/4, SW1/4NE1/4, E1/2SW1/4, W1/2SE1/4 IN
Section 9, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, being more
particularly described as follows:
Commencing at the NE 1/16th corner of Section 9 being the True Point of Beginning;
Thence South 02°30'04" West a distance of 1340.84 feet;
Thence South 02°08'35" West a distance of 1332.23 feet;
Thence South 89°34'10" East a distance of 41.02 feet;
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Thence South 02°08'35" West a distance of 1225.04 feet, to the North Right-of-Way line on
U.S. Highway 191;
Continuing along said Right-of-Way through the following courses;
North 89°16'33" West a distance of 479.49 feet;
North 89°31'35" West a distance of 398.97 feet;
North 75°29'25" West a distance of 41.23 feet;
North 89°31'35" West a distance of 809.51 feet;
Along a curve to the left, with a Radius of 11539.16 feet, a Length of 400.50 feet, a
Delta of 1°59'19", a Chord Bearing of South 89°28'45" West and a
Chord Length of 400.48 feet;
South 88°29'06" West a distance of 252.77 feet;
South 74°49'46" West a distance of 42.36 feet;
Along a curve to the right, with a Radius of 11389.16 feet, a Length of 286.49 feet, a
Delta of 1°26'28", a Chord Bearing of South 89°12'20" West and a Chord Length of
286.48 feet;
Thence leaving said Right-of-Way North 02°22'18" East a distance of 2572.93 feet;
Thence North 02°27'31" East a distance of 1341.77 feet, to the NW 1/16th Corner;
Thence along the North 1/16th line, North 89°56'33" East, a distance of 1337.24 feet, to the
CN 1/16th Corner:
Thence continuing along said 1/16th line, South 89°12'30" East a distance of 1320.25, to the
True Point of Beginning.
Said parcels contain 238.97 acres more or less, and is subject to all existing easements of
record or apparent on the ground.
Highway 191/Huffine Lane Right-of-Way
Being the Right of Way of U.S. Highway 191 located in the S1/2 of Section 9, and in the
N1/2 of Section 16, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana,
being more particularly described as follows:
Commencing at the Southeast Corner of Section 9, Thence North 84°45'03" West a distance
of 1293.77 feet to the North Right of Way line of U.S. Highway 191, being the True Point of
Beginning;
Thence South 02°08'35" West a distance of 157.22 feet, to the South Right of Way line of
said Highway.
Thence along said Right of Way through the following courses;
North 89°16'28" West a distance of 471.81 feet;
South 00°43'32" West a distance of 15.00 feet;
North 89°16'28" West a distance of 13.50 feet;
North 89°31'43" West a distance of 2223.17 feet;
Leaving said Right of Way, North 02°22'18" East a distance of 148.80 feet, to the
North Right of Way line of said Highway;
Thence along said Right of Way through the following courses;
Along a curve to the left, with a Radius of 11389.16 feet, a Length of 286.49 feet, a
Delta of 1°26'28", a Chord Bearing of North 89°12'20" East and a Chord Length of
286.48 feet;
North 74°49'46" East a distance of 42.36 feet;
North 88°29'06" East a distance of 252.77 feet;
Along a curve to the right, with a Radius of 11539.16 feet, a Length of 400.50 feet, a
Delta of 1°59'19", a Chord Bearing of South 89°28'45" West and a Chord Length of
400.48 feet;
South 89°31'35" East a distance of 809.51 feet;
South 75°29'25" East a distance of 41.23 feet;
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South 89°31'35" East a distance of 398.97 feet,
South 89°16'33" East a distance of 479.49 feet, to the True Point of Beginning.
Said parcels contain 10.6 acres more or less, and is subject to all existing easements of
record or apparent on the ground.
Section 2
The effective date of this annexation is May 7, 2007.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
May 7, 2007, by and between the City of Bozeman and Norton Properties LLC, 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 7th day of May 2007.
_________________________________
JEFFERY K. KRAUSS, Mayor
ATTEST:
_________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
_________________________________
PAUL J. LUWE
City Attorney
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