Loading...
HomeMy WebLinkAboutC3. Resolution 4600 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Brekke, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Approve Resolution of Annexation No. 4600, annexing 0.335 acres located south of Lincoln Road and east of Maple Lane and authorize the City Manager to sign the finalized agreement for the Broadleaf Annexation. Application No. A14002. MEETING DATE: May 4, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approves Commission Resolution No. 4600 annexing the 0.335 acres known as the Broadleaf Annexation. BACKGROUND: Broadleaf LLC received preliminary approval to annex the 0.335-acre subject property located south of Lincoln Road and east of Maple Lane on December 15, 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. 4600 Annexation Agreement Annexation Map Report compiled on: April 28, 2015 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Resolution 4600, Broadleaf Annexation Page 1 of 4 COMMISSION RESOLUTION NO. 4600 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 Broadleaf LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 0.335 acres, lying south of Lincoln Road and east of Maple Lane; and WHEREAS, Broadleaf LLC, is the current landowner of record of property described as a tract of land located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South, Range 5 East, P.M.M., 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 December 15, 2014; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on December 15, 2014; and WHEREAS, five members of the public spoke in regards to said annexation at the public meeting; and 37 Resolution 4600, Broadleaf 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 December 15, 2014, the Commission preliminarily approved the annexation and authorized City Staff and the Landowner to prepare and execute the final annexation agreement to be presented for consideration at a future City Commission meeting; and WHEREAS, on May 4, 2015, 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, 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 a tract of land located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South, Range 5 East, P.M.M., 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 0.335 acres, to wit: 38 Resolution 4600, Broadleaf Annexation Page 3 of 4 Legal Description A tract of land located in the W1/2NW1/4SW1/4 of Section 13, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Beginning at a point which is 208.7 feet South and 68.7 feet West of the Northeast corner of said W1/2NW1/4SW1/4; thence S89°50'42"W a distance of 140.00 feet; thence S00°23'19"W a distance of 104.35 feet; thence N89°50'42"E a distance of 140.00 feet; thence N00°23'19"E a distance of 104.35 feet to the Point of Beginning. Said tract containing in area 14,608 square feet. SUBJECT to all easements of record or apparent from a visual inspection of the property. The described parcel has an area of 0.335 acres, more or less as described on the Broadleaf Annexation Map. Section 2 The effective date of this annexation is May 5, 2015. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated April 10, 2015, by and between the City of Bozeman and Broadleaf LLC owner of said tract of land. 39 Resolution 4600, Broadleaf Annexation Page 4 of 4 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of May, 2015. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 40