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Home My WebLink About09-17-07 Resolution No 4071 Report compiled on September 12th 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson C. Bristor, Associate Planner SUBJECT: Resolution of Annexation No. 4071 for Story Mill Neighborhood Part 46 Annexation, #A-07003 Consent Agenda Item MEETING DATE: Monday, September 17th 2007 RECOMMENDATION: The City Commission adopts the Resolution of Annexation No. 4071 for the Story Mill Neighborhood Part 46 Annexation. BACKGROUND: An annexation application to annex 23.51 acres surrounding the intersection of Griffin Drive and Story Mill Road into the corporate limits of the City of Bozeman. The City Commission approved the annexation application on Monday, April 2nd 2007. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. 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 Allyson Bristor at abristor@bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 29 - 1 - COMMISSION RESOLUTION NO. 4071 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 24.487 ACRES OF LAND LOCATED IN SECTION 31 & SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, AND IN SECTION 5 AND SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA (P.M.M), CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA AND HEREIN MORE PARTICULULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from Blue Sky Development, Inc., 6730 Tawney Brown Lane, Bozeman MT 59718, and Wake Up, Inc., 402 Bonner Lane, Bozeman MT 59715 and Clifford & Sally Christie Franklin, 1015 East Griffin Drive, Bozeman, MT 59715, owners of the 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 legally described as 24.487 acres of land located in Section 31 & Section 32, Township 1 South, Range 6 East, and in Section 5 and Section 6, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County, Montana, and herein more particularly described; 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 April 2, 2007; and WHEREAS, the tracts being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City’s annexation policy and held on April 2, 2007; and WHEREAS, on April 2, 2007, the Commission authorized and directed staff, upon satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement and other documents 30 - 2 - to proceed with the annexation of the privately held portion of these tracts in accordance with terms and conditions approved by the Commission; and WHEREAS, on April 2, 2007, the Commission authorized and directed staff to prepare the necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; 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 impact fees to said contiguous tracts are the subject of a written agreement between the City of Bozeman and Blue Sky Development, Inc., Wake Up, Inc. and Clifford & Sally Christie Franklin, record owners of the tracts; and WHEREAS, said contiguous tracts are the subject of a certificate 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 these contiguous tracts are in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts. 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 24.487 acres of land, to wit, and as further described as follows: An area of land located in Section 31 & Section 32, Township 1 South, Range 6 East, and in Section 5 and Section 6, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M), City of Bozeman, Gallatin County, Montana being more particularly described as follows: BEGINNING at a calculated position from which the southeast corner of said Section 31, bears South 00° 47' 36" East a distance of 250.47 feet; thence South 00° 49' 32" East a distance of 35.46 feet to a calculated position; thence south a distance of 184.57 feet along a non-tangential curve concave east having a radius of 1336.24 feet, a central angle of 07° 54' 51", a chord bearing of South 16° 24' 33" East and a chord length of 184.43 feet to a calculated position; 31 - 3 - thence South 20° 25' 51" East a distance of 731.38 feet to a calculated position; thence South 20° 25' 17" East a distance of 717.78 feet to a calculated position; thence North 89° 14' 48" West a distance of 107.32 feet to a calculated position; thence North 89° 17' 38" West a distance of 459.62 feet to a calculated position; thence South 00° 28' 37" West a distance of 14.00 feet to a calculated position; thence North 86° 26' 34" West a distance of 193.79 feet to a calculated position; thence South 89° 13' 59" West a distance of 34.95 feet to a calculated position; thence North 00° 04' 34" West a distance of 85.25 feet to a calculated position; thence North 51° 31' 04" West a distance of 9.17 feet to a calculated position; thence North 51° 31' 04" West a distance of 2.00 feet to a calculated position; thence North 50° 14' 37" West a distance of 50.04 feet to a calculated position; thence South 39° 45' 23" West a distance of 146.82 feet to a calculated position; thence North 13° 35' 11" East a distance of 572.24 feet to a calculated position; thence North 79° 27' 13" West a distance of 290.35 feet to a calculated position; thence North 29° 24' 40" West a distance of 609.68 feet to a calculated position; thence South 78° 49' 33" East a distance of 29.51 feet to a calculated position; thence North 70° 39' 28" East a distance of 256.48 feet to a calculated position; thence North 70° 42' 15" East a distance of 126.80 feet to a calculated position; thence North 70° 40' 32" East a distance of 66.59 feet to a calculated position; thence South 88° 06' 19" East a distance of 347.31 feet to a calculated position; thence North 20° 26' 31" West a distance of 37.47 feet to a calculated position; thence north a distance of 153.77 feet along a non-tangential curve concave east having a radius of 1582.50 feet, a central angle of 05° 34' 03", a chord bearing of North 17° 27' 52" West and a chord length of 153.71 feet to a calculated position; thence north a distance of 102.40 feet along a non-tangential curve concave east having a radius of 1482.50 feet, a central angle of 03° 57' 27", a chord bearing of North 12° 35' 21" West and a chord length of 102.38 feet to a calculated position; thence North 89° 40' 26" East a distance of 109.59 feet to the Point of Beginning containing 24.487 acres, more or less. Section 2 The effective date of this annexation is ________________________, 2007. 32 - 4 - Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated April 9, 2007, by and between the City of Bozeman and Panache Properties, 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 day 2007. _________________________________________ JEFF KRAUSS, Mayor ATTEST: ____________________________________ CYNTHIA DELANEY, Acting Clerk of the Commission APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54