HomeMy WebLinkAboutE- Packet 06-04-2007_Adopt Resolution No_ 4023, Davenport Annexation #A_7
Report compiled on May 24, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Davenport Annexation, #A-06013
RESOLUTION OF ANNEXATION
MEETING DATE: Monday, June 4, 2007
CONSENT AGENDA
RECOMMENDATION: The City Commission approves Resolution #4023 to formally annex the
Davenport Annexation.
BACKGROUND: On Monday, January 8, 2007, the City Commission voted 5 to 0 to approve this
request for annexation, and 5 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 #4023
Annexation Agreement signed by the property owner
Property owner’s submittal
Exhibit
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COMMISSION RESOLUTION NO. 4023
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 Kenneth and Judith
Davenport, and Blair McGavin, owners of tracts of land, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying along the west
side of North 27th Avenue/Thomas Drive in the County of Gallatin, State of Montana; and
WHEREAS, Kenneth and Judith Davenport, and Blair McGavin, are the current landowners of
record of properties described as Tracts A and B of Certificate of Survey No. 500, the abandoned
dedicated roadway as described in Film 8, Pages 911, Records of Gallatin County, the Tract of land
described in Film 11, Page 789, Records of Gallatin County, and the Tract of land described in Film 116,
Page 2556, Records of Gallatin County, situated in the NE¼ of the SW¼ of Section 35, Township 1S,
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 January 8,
2007; and
WHEREAS, a public hearing on said annexation petition was duly noticed and held on
January 8, 2007; and
WHEREAS, no members of the public spoke in regards 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
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WHEREAS, on January 8, 2007, 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 terms of annexation specified in the staff
report; 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 Kenneth and Judith Davenport, and Blair McGavin; and
WHEREAS, said contiguous tracts are described as Tracts A and B of Certificate of Survey
No. 500, the abandoned dedicated roadway as described in Film 8, Pages 911, Records of Gallatin
County, the Tract of land described in Film 11, Page 789, Records of Gallatin County, and the Tract of
land described in Film 116, Page 2556, Records of Gallatin County, situated in the NE¼ of the SW¼ of
Section 35, Township 1S, Range 5E, PMM, Gallatin County, Montana; 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
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 46, 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 24.99 acres of land, to wit:
A tract of land being Tracts A and B of Certificate of Survey No. 500, the abandoned
dedicated roadway as described in Film 8, Pages 911, 959, Records of Gallatin
County, the tract of land described in Film 11, Page 789, Records of Gallatin County,
and the tract of land described in Film 116, Page 2556, Records of Gallatin County,
situated in the NE1/4 of the SW1/4 Section 35, T1S, R5E, P.M.M., Gallatin County,
Montana.
Beginning at the E1/16 corner of the SW1/4 of said Section 35, thence along the north
boundaries of Lot 1 of Baxter Lane Subdivision No. 1 and the tracts of land described
in Film 11, Pages 1857 & 1858 and Film 17, Page 724, Records of Gallatin County
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S89°17'59"W a distance of 1323.43 feet to the southeast corner of the tract of land
described in Film 117, Page 3623, Records of Gallatin County; thence along the east
boundary of the said tract of land and the tract of land described in Film 14, Page
1699, Records of Gallatin County N00°06'44"W a distance of 818.74 feet to the
southwest corner of the tract of land described in Film 3, Page 49, Records of Gallatin
County; thence along the south boundary of the said tract N88°58'36"E a distance of
1324.06 feet to a point on the west boundary of the Remainder of Lot 3 of Minor
Subdivision No. 210; thence along the said west boundary S00°04'31"E a distance of
826.21 feet to the Point of Beginning. Said tract being 24.99 acres, along with and
subject to any existing easements.
Section 2
The effective date of this annexation is June 4, 2007.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
June 4, 2007, by and between the City of Bozeman and Kenneth and Judith Davenport, and Blair
McGavin, owners of said tracts of land.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 4th day of June, 2007.
_________________________________
JEFFERY K. KRAUSS, Mayor
ATTEST:
_________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
_________________________________
PAUL J. LUWE
City Attorney
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