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HomeMy WebLinkAboutC5. Resolution 4669, George Smith Annex Completion1 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development SUBJECT: Adoption of Commission Resolution 4669, Completion of the George Smith Annexation and signature of the annexation agreement for 1163 Thomas Drive. MEETING DATE: February 8, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission adopt Resolution 4669 and authorize the City Manager to sign the annexation agreement on behalf of the City. BACKGROUND: On December 14, 2015 the City Commission preliminarily approved the George Smith Annexation. The approval was subject to terms and the preparation of an annexation agreement to address the provision of services. The required agreement has been prepared, signed, and all terms of the approval have been met. In order to complete the annexation process it is necessary for the City Commission to authorize the City manager to sign the agreement on behalf of the City. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve Resolution 4669 approving the annexation agreement as presented and recommended and direct the City Manager to sign the agreement. 2) Determine that the prior decision to annex was in error and decline to direct the City Manager to sign the agreement. FISCAL EFFECTS: None Attachments: Annexation Agreement Exhibit Map Report compiled on January 28, 2016 Commission Memorandum 1 COMMISSION RESOLUTION NO. 4669 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 George A. Smith requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 1.1815 acres, located at 1163 Thomas Drive; and WHEREAS, George A. Smith is the current landowner of record of property described as Lot 1, Baxter Lane Subdivision 1 located in the Section 35, 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 December 14, 2015; and WHEREAS, A public meeting on said annexation petition was duly noticed and held on December 14, 2015; and WHEREAS, The City did not receive any written protest from the real property owners of the area to be annexed; and 80 Resolution 4669, George Smith Annexation Page 2 of 4 WHEREAS, On December 14, 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 February 8, 2016, 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 tract is known as Lot 1, Baxter Lane Subdivision 1 located in the Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and adjacent right of way for Thomas Drive as required by law; 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 1.1815 acres, to wit: Legal Description An area of land described as follows: 81 Resolution 4669, George Smith Annexation Page 3 of 4 Lot 1, Baxter Lane Subdivision No. 1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the East Half of the Southwest Quarter of Section 35, Township 1 South, Range 5 East of P.M.M., and that part of adjacent Thomas Drive, all described as follows: Beginning at the northwest corner of Lot 1, Baxter Lane Subdivision No. 1; thence easterly 089°18'00", assumed azimuth from north, 300.89 feet along the north line of said Lot 1 to the northeast corner of said Lot 1; thence 089°18'00" azimuth 30.00 feet along the easterly extension of said north line to the east line of the Southwest Quarter of said Section 35; thence southerly 179°55'29" azimuth 395.40 feet along said east line; thence westerly 269°55'29" azimuth 30.00 feet along the easterly extension of the south line of Lot 3, Baxter Lane Subdivision No. 1, to the southeast corner of said Lot 3; thence northerly 359°55'29" azimuth 263.38 feet along the east line of said Lot 3 and Lot 2, Baxter Lane Subdivision No. 1; thence westerly 269°17'46" azimuth 300.86 feet along the south line of said Lot 1; thence northerly 359°54'30" azimuth 131.70 feet along the west line of said Lot 1 to the Point of Beginning. Area of Lot 1 = 39,609 square feet, 0.9093 acres or 3,679.8 square meters. Subject to existing easements. Area of adjacent Thomas Drive = 11,857 square feet, 0.2722 acres or 1101.6 square meters. Subject to existing easements. Total area = 51,466 square feet, 1.1815 acres or 4,781.4 square meters. Subject to existing easements. Section 2 The effective date of this annexation is February 23, 2016. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of February, 2016. 82 Resolution 4669, George Smith Annexation Page 4 of 4 _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103