HomeMy WebLinkAboutC8. Resolution 4628 Murdochs
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 of Annexation No. 4628, annexing 3.889 acres
located at 2507 and 2511 N. 7th Avenue and authorize the City Manager to sign the finalized agreement for the Murdoch’s Annexation. Application
No. 15240.
MEETING DATE: September 28, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approves Commission Resolution No. 4628 annexing the 3.889 acres known as the Murdoch’s Annexation.
BACKGROUND: Preliminary approval was granted to annex the subject property on July 20,
2015. 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. 4628
Annexation Agreement
Annexation Map
Report compiled on: September 28, 2015
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COMMISSION RESOLUTION NO. 4628
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 Rocky
Mountain Retail LLC requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include an area of land containing 3.889 acres, located at 2507 and 2511 N.
Seventh Avenue; and
WHEREAS, Rocky Mountain Retail LLC, is the current landowner of record of
property described as Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision
located in the SE1/4 of Section 36, Township 1 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 July 20,
2015; and
WHEREAS, A public meeting on said annexation petition was duly noticed and held on
July 20, 2015; and
WHEREAS, No members of the public spoke in regards to said annexation at the public
meeting; and
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WHEREAS, The City did not receive any written protest from the real property owners
of the area to be annexed; and
WHEREAS, On July 20, 2015, 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 September 28, 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 Tracts 5, 6, 9 & 10, Gordon Mandeville
State School Section Subdivision located in the SE1/4 of Section 36, Township 1 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 3.889 acres, to wit:
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Legal Description
A tract of land located in the SE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M.,
Gallatin County, Montana, more particularly described as follows:
Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
The described parcel has an area of 3.889, more or less as described on the Murdochs
Annexation Map.
Section 2
The effective date of this annexation is September 28, 2015.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated September 9, 2015, by and between the City of Bozeman and Rocky Mountain Retail LLC
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 28th day of September, 2015.
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_________________________________
JEFFREY K. KRAUSS
Mayor ATTEST:
_________________________________ STACY ULMEN City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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