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Home My WebLink AboutC7. Resolution 4642 Evans Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Approval of Commission Resolution No. 4642, Evans Annexation – Annexing 1.925 acres and authorize the City Manager to sign the supporting Evans Annexation Agreement, Public Street Easement and Trail Corridor Easement. Application A-10002. Located at 430 E Lincoln Street. MEETING DATE: October 5, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Commission Resolution No. 4642 annexing 1.925 acres known as the Evans Annexation and authorize the City Manager to sign the supporting Evans Annexation Agreement, Public Street Easement and Trail Corridor Easement. BACKGROUND: On Monday, June 7, 2010, the City Commission approved this request for annexation of the subject 1.925 acres owned by McRay and Delone Evans located immediately east of their home at 1524 South Rouse Avenue with several terms of annexation. Following the Commission’s approval and the preparation of the required annexation materials (e.g. annexation agreement, public street easement, trail corridor easement, etc.), Mrs. (Delone) Evans passed away. The applicant requested a delay in the completion of the annexation documents which the City consented to. The documents have been revised and updated as necessary and now have all appropriate signatures. The City Attorney’s Office has reviewed these materials with staff and has authorized finalizing the annexation. Also included as a separate consent agenda item is the Zone Map Amendment for the subject property to the Commission approved R-1 (Residential, Single Household Low Density District) zoning designation. UNRESOLVED ISSUES: There are no unresolved issues. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable a home to be constructed on the property and connect to City sewer and water adjacent to the subject property. This would increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal service. 164 Attachments: Commission Resolution N. 4642, Evans Annexation Agreement, Annexation Map, Public Street Easement, Trail Corridor Easement, Affidavit. Report compiled on: September 21, 2015 165 Page 1 of 4 COMMISSION RESOLUTION NO. 4642 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, TRACT 1, C.O.S. 688, 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 McCray and Delone Evans, the owners of a tract of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tract of land lying east of 1524 South Rouse Avenue,, County of Gallatin, State of Montana; and WHEREAS, the McCray and Delone Evans Revocable Trust, was the current landowner of record of property described as Tract 1 of C.O.S. No. 688, located in the SE ¼ of Section 18, T2S, R6E, PMM in Gallatin County Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on June 7, 2010; and WHEREAS, said annexation petition was considered at a public meeting duly noticed and held on June 7, 2010; and WHEREAS, one member of the public spoke in regards to said annexation at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 166 Resolution 4642, Evans Annexation Page 2 of 4 WHEREAS, on June 7, 2010, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with the terms of annexation specified in the staff report; 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 water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and the McCray and Delone Evans Revocable Trust; and WHEREAS, with the death of Delone Evans there was a need to revise the signatories to the agreement and a corresponding delay; and WHEREAS, said contiguous tract is described as Tract 1 of C.O.S. No. 688, located in the SE ¼ of Section 18, T2S, R6E, PMM in 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. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., 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 1.925 acres of land, to wit: Tract 1 of C.O.S. No. 688, located in the SE ¼ of Section 18, T2S, R6E, PMM in Gallatin County Montana; and more particularly described as follows: DESCRIPTION OF PRIMARY ANNEXATION TRACT A tract of land, said tract being Tract 1 of Certificate of Survey No. 688, being located in the Southeast Quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana and being further described as follows: Beginning at the northwest corner of said Tract 1; thence South 89°19'34" East, on the north line of said tract, a distance of 373.26 feet, more or less, to the thread of Bozeman Creek (aka Sourdough Creek); thence upstream on the thread of said creek, said thread being approximately dimensioned by the following 3 courses: 167 Resolution 4642, Evans Annexation Page 3 of 4 South 09°41'06" West, a distance of 68.52 feet; South 24°18'35" West, a distance of 122.36 feet; South 01°09'10" West, a distance of 69.05 feet, more or less, to the southeast corner of said tract; thence North 89°06'41" West, on the south line of said tract, a distance of 310.00 feet, more or less, to the southwest corner of Tract 1; thence North 00°00'07" East, on the west line of said tract, a distance of 247.66 feet to the Point of Beginning. The computed area of the described tract is 1.925 acres, more or less. The described tract is along with and subject to any existing easements. DESCRIPTION OF ADJACENT EAST LINCOLN STREET R/W A tract of land, said tract being located in the Southeast Quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana and being further described as follows: Beginning at the northwest corner of Tract 1 of Certificate of Survey No. 688; thence North 00°40'26" East, a distance of 49.50 feet to the north line of Lincoln Street; thence South 89°19'34" East, on the north line of said right-of-way, a distance of 373.26 feet, more or less, to a point from which the northeast corner of said Tract 1 bears at right angles southerly 49.50 feet; thence South 00°40'26" West, a distance of 49.50 feet to said northeast corner of Tract 1; thence North 89°19'34" West, on the north line of Tract 1, a distance of 373.26 feet, more or less, to the Point of Beginning. Section 2 This resolution of annexation is effective upon passage. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement by and between the City of Bozeman and McCray Evans owner of said tract of land. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of October, 2015. _________________________________ JEFFREY K. KRAUSS Mayor 168 Resolution 4642, Evans Annexation Page 4 of 4 ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188