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Home My WebLink About11. Res 4565 Annex Simmental Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Approve Resolution No. 4565 annexing 2.591 acres, located northeast of the intersection of Frontage Road and Springhill Road and authorize the City Manager to sign the finalized agreement for the Simmental Annexation. Application A14001. MEETING DATE: November 17, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approves Commission Resolution No. 4565 annexing the 2.591 acre tract known as the Alexander Annexation, including the adjacent right-of-way for Reeves Road, (as required by State Statute). BACKGROUND: Springhill Holdings received unanimous preliminary approval to annex the subject property located northeast of the intersection of Frontage Road and Springhill Road on August 25, 2014. The annexation agreement and accompanying required documents have now been signed and returned to the City for processing. Applicable actions have also been taken to address the terms of annexation. The City Manager must now be directed to sign the annexation agreement and this resolution be passed to complete the annexation process. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Approve the resolution and annexation agreement 2. Deny the resolution and annexation agreement FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development with connection to City sewer and water services and service by the public services (police, fire, streets, etc.) of the City. This would increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal services. Attachments: Resolution No. 4565 Annexation Agreement Annexation Map Report compiled on: November 10, 2014 119 1 COMMISSION RESOLUTION NO. 4565 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 First Montana Bank requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 2.591 acres, lying northeast of the intersection of Frontage Road and Springhill Road; and WHEREAS, Springhill Holdings LLC, is the current landowner of record of property described as Lot 1A, Block 6, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, R5E, 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 August 25, 2014; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on , August 25,2014; and WHEREAS, no members of the public spoke in opposition to said annexation at the public meeting; and 120 Resolution 4565, Alexander Annexation Page 2 of 4 WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on August 25, 2014, the Commission preliminarily approved the annexation and authorized City Staff and Vision Development to prepare and execute the final annexation agreement to be presented for consideration at a future City Commission meeting; and WHEREAS, on November 17, 2014, the Commission reviewed and approved the final annexation agreement and authorized City Staff and the Landowner to execute the documents; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's, reimbursement of the Bozeman Solvent Site Payback District, and water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, said contiguous tract is known as Lot 1A, Block 6, Walker Property Subdivision, a Planned Unit Development, situated in the SE1/4 of Section 26, T1S, R5E, 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/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., 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 2.591 acres, to wit: 121 Resolution 4565, Alexander Annexation Page 3 of 4 Legal Description A area of land being Lot 1A, Block 6 of the Amended Plat of Walker Property Subdivision and portions of Reeves Road West, located in Southeast One-Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: BEGINNING at a Gaston yellow plastic cap at the southwest corner of said Lot 1A; thence North 25° 52' 30" East a distance of 30.25 feet to a Montana Department of Highways red plastic cap ; thence northeast a distance of 258.55 feet along a non-tangential curve concave northwest having a radius of 557.50 feet, a central angle of 26° 34' 19", a chord bearing of North 12° 36' 00" East and a chord length of 256.24 feet to a calculated position; thence North 03° 56' 16" West a distance of 60.00 feet to a calculated position; thence east a distance of 137.17 feet along a non-tangential curve concave south having a radius of 215.15 feet, a central angle of 36° 31' 45", a chord bearing of South 75° 53' 09" East and a chord length of 134.86 feet to a calculated position; thence South 32° 22' 43" West a distance of 60.00 feet to a calculated position ; thence southeast a distance of 98.10 feet along a non-tangential curve concave southwest having a radius of 155.15 feet, a central angle of 36° 13' 40", a chord bearing of South 39° 30' 27" East and a chord length of 96.47 feet to a calculated position; thence South 21° 23' 52" East a distance of 120.97 feet to a calculated position; thence North 68° 36' 08" East a distance of 60.00 feet to a calculated position; thence South 21° 23' 52" East a distance of 211.01 feet to a calculated position; thence South 68° 36' 08" West a distance of 60.00 feet to a calculated position; thence south a distance of 121.35 feet along a non-tangential curve concave west having a radius of 120.00 feet, a central angle of 57° 56' 18", a chord bearing of South 07° 34' 25" West and a chord length of 116.24 feet to a Gaston yellow plastic cap; thence North 53° 27' 23" West a distance of 411.76 feet to the Point of Beginning containing acres 2.591 acres more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. The described parcel has an area, including adjacent road right-of-ways, of 2.591 acres, more or less as described on the Alexander Annexation Map. Section 2 The effective date of this annexation is November 18, 2014 122 Resolution 4565, Alexander Annexation Page 4 of 4 Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated October 31, 2014, by and between the City of Bozeman and American Simmental Association owner of said tract of land. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of November, 2014. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142