HomeMy WebLinkAbout09-04-07_Approve Resolution No_ 4063, Cattail North Annexat_11
Report compiled on August 27, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Cattail North Annexation, #A-06004
RESOLUTION OF ANNEXATION
MEETING DATE: Tuesday, September 4, 2007
CONSENT AGENDA
RECOMMENDATION: The City Commission approves Resolution #4063 to formally annex the
Cattail North Annexation.
BACKGROUND: On Monday, September 18, 2006, 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 #4063
Annexation Agreement signed by the property owner
Property owner’s submittal
Exhibit
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COMMISSION RESOLUTION NO. 4063
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 Jerald Swenson, owner
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 south of Valley Center Road and west of North 27th Avenue in
the County of Gallatin, State of Montana; and
WHEREAS, Jerald Swenson, is the current landowner of record of properties described as Lot
2A of Corrected Amended Plat of Lots 1 & 2 of Minor Subdivision No. 221E, located in the SW¼ of
Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, 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 on September 18, 2006; and
WHEREAS, a public hearing on said annexation petition was duly noticed and held on
September 18, 2006; 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
WHEREAS, on September 18, 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 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
Gerald Swenson; and
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2
WHEREAS, said contiguous tracts are described as Lot 2A of Corrected Amended Plat of Lots
1 & 2 of Minor Subdivision No. 221E, located in the SW¼ of Section 26, Township 1 South, Range 5
East, P.M.M., 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 53.32 acres of land, to wit:
Lot 2A
A tract of land being Lot 2A of Minor Subdivision No. 221E, located in the SW1#4 Section 26, T1S, R5E,
P.M.M., Gallatin County, Montana, and being further described as follows:
Beginning at the southeast corner of said Lot 2A; thence along the southerly line of said Lot 2A through the
following 8 courses:
S89°44'31"W a distance of 860.05 feet,
N58°20'10"W a distance of 667.91 feet,
S89°42'06"W a distance of 34.32 feet,
N80°02'28"W a distance of 92.34 feet,
S89°55'51"W a distance of 91.39 feet,
N69°11'33"W a distance of 102.36 feet,
N58°31'39"W a distance of 279.10 feet,
N53°51'10"W a distance of 38.74 feet and to a point on the southerly line of Tract A of COS 165A; thence
along said southerly line N88°49'45"E a distance of 114.99 feet to the southeast corner of said Tract A;
thence northerly along the easterly boundary of said Tract A through the following 3 courses:
N01°01'01"E a distance of 597.20 feet,
N89°47'51"E a distance of 308.08 feet,
N00°16'15"W a distance of 388.53 feet, to a point on the south line of Westlake Road; thence easterly along
said south line N89°43'51"E a distance of 764.77 feet to a point on the southwesterly right-of-way of East
Valley Center Road; thence along said right-of-way S53°32'33"E a distance of 1217.35 feet to an intersection
point with the westerly right-of-way line of N. 27th Avenue; thence along said westerly right-of-way line
S36°27'38"W a distance of 125.35 feet; thence along an arc to the left a distance of 267.56 feet, said arc
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3
having a radius of 430.00 feet and a central angle of 35°39'04"; thence S00°48'34"W a distance of 486.43 feet
to the Point of Beginning.
Said tract contains 53.77 acres, more or less, and is subject to any existing easements, whether of record or
apparent on the ground.
Westlake Road Right-of-Way
A tract of land situated in Section 26, T1S, R5E, P.M.M., Gallatin County, Montana, and being further
described as follows:
Beginning at the northeast corner of said Lot 2A thence; thence S89°43'51"W a distance of 764.77 feet to a
point on the east line of Tract A, COS 165A; thence along said boundary N00°16'15"W a distance of 60.00
feet to a point on the north line of the Westlake Road county road easement; thence easterly along said north
line N89°43'51"E a distance of 684.36 feet to a point on the southwesterly right-of-way line of East Valley
Center Road; thence along said right-of-way S53°32'37"E a distance of 100.34 feet to the Point of Beginning.
Said tract contains 1.00 acre, more or less, and is subject to any existing easements, whether of record or
apparent on the ground.
Section 2
The effective date of this annexation is September 4, 2007.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
September 4, 2007, by and between the City of Bozeman and Gerald Swenson, owner 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 September, 2007.
_________________________________
JEFF KRAUSS, Mayor
ATTEST:
_________________________________
CYNTHIA DELANEY
Acting City Clerk
APPROVED AS TO FORM:
_________________________________
PAUL J. LUWE
City Attorney
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