HomeMy WebLinkAbout12-17-07_Approve Resolution No_4089, Meadow Creek Ph11432_22
Report compiled on December 11, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
SUBJECT: Commission Resolution No. 4089, Resolution of Annexation for the
Meadow Creek Phase III and IV, #A-06015
Consent Item
MEETING DATE: Monday, December 17, 2007
RECOMMENDATION: The City Commission adopts the Resolution of Annexation No. 4089
for the Meadow Creek III and IV Annexation.
BACKGROUND: An annexation application to annex 59.162 acres located at 5530 Stucky Road.
The City Commission approved the annexation application on Monday, February 26th, 2007.
UNRESOLVED ISSUES: No unresolved issues exist 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 email Brian Krueger at bkrueger@bozeman.net if you have any questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Resolution Annexation (#4089)
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COMMISSION RESOLUTION NO. 4089
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 Canvasback, LLC owners
of the tract, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
a certain contiguous tract of land located at 5530 Stucky Road; and
WHEREAS, an annexation staff report has been prepared in accordance with the Commission's
goals and policies for annexation and was provided to the Commission on January 24, 2007; and
WHEREAS, Commission Resolution No. 3998 was adopted by the City Commission on January 29
2007, 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
February 26, 2007; and
WHEREAS, on February 26, 2007, the Commission authorized and directed staff, upon satisfaction
by the applicant of the terms of approval, to prepare the necessary documents to proceed with the annexation
of this tract in accordance with Commission Resolution No. 3907; 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 SIDs and water and sewer hookup
fees, to said contiguous tract is the subject of a written agreement between the City and Canvasback, LLC
record owners of the tracts; and
WHEREAS, said contiguous tracts are the subject of a plat or 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 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:
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Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, MCA, 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 59.162 acres
of land, to wit:
A tract of land situated in the E1/2NE1/4NW1/4 and the SE1/4NW1/4 of Section 23,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly
described as follows:
Beginning at the North 1/4 corner of Section 23, T.2S., R.5E.; thence S 01°27'54" W, 764.95 feet
to a point of curve; thence along a 300.00 foot radius curve to the right, through an internal
angle of 33°06'52", an arc distance of 173.39 feet
(Chording S 18°01'20" W, 170.98 feet); thence S 34°34'46" W, 101.25 feet to a point of curve;
thence along a 300.00 foot radius curve to the left, through an internal angle of 33°06'52", an arc
distance of 173.39 feet (Chording S 18°01'20" W, 170.98 feet); thence S 01°27'54" W, 359.53 feet
to a point of curve; thence along a 300.00 foot radius curve to the left, through an internal angle
of 33°06'51", an arc distance of 173.39 feet (Chording S 15°05'31" E, 170.98 feet); thence S
31°38'57" E, 101.25 feet to a point of curve; thence along a 300.00 foot radius curve to the right,
through an internal angle of 33°06'51", an arc distance of 173.39 feet (Chording S 15°05'31" E,
170.98 feet); thence S 01°27'54" W, 741.39 feet to the center 1/4 corner of Section 23; thence N
88°56'40" W, 1335.20 feet along the east-west midsection line to the West 1/16th corner of said
Section 23; thence N 01°17'59" E, 1338.09 feet along the West 1/16th line to the Northwest
1/16th corner of Section 23; thence S 89°16'22" E, 669.61 feet, thence N 01° 22'52" E, 670.81 feet;
thence N 01° 22'27" E, 670.73 feet to the North line of Section 23;
thence S 89°35'21" E, 671.63 feet along the North line of said Section 23 to the Point of
Beginning, containing 59.162 acres, more or less, subject to any existing easements and/or
rights-of-way, whether of record or apparent on the ground.
Section 2
The effective date of this annexation is , 2007.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
___________________, 2007, by and between the City of Bozeman and Canvasback, LLC.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the day 2007.
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__________________________________________
Jeff Krauss
Mayor of the City of Bozeman
ATTEST:
____________________________________
Stacy Ulmen
City Clerk
APPROVED AS TO FORM:
___________________________________
Paul Luwe
City Attorney
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