Loading...
HomeMy WebLinkAboutResolution 5386 Rainbow Creek AnnexationVersion April 2020 RESOLUTION 5386 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HERINAFTER 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, RAINBOW CREEK ANNEXATION, APPLICATION 18240 WHEREAS, the City of Bozeman received a petition for annexation from Rainbow Creek Rental Properties, LLC current landowners of record, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 2.29 acres plus additional public right of way as required by law; and WHEREAS, the current landowner of record of real property consisting of one parcel of land described in Section 1, requested 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 November 26, 2018; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 26, 2018; and WHEREAS, on February 28, 2019, the City received an annexation agreement which incorporated the recommended terms of annexation which was signed by the current land owner following the public hearing; 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 SIDs, and water and sewer hookup fees to said contiguous tracts is the subject of a written agreement between the City and the Landowner; and DocuSign Envelope ID: 5F186D44-379E-4CD0-918D-BF9B7422855B Version April 2020 WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation; and WHEREAS, one term of annexation outlined in the Commission’s findings was effected by this lawsuit, the term requires the construction of a city standard sidewalk and drive approach along the property frontage by October 1, 2019; and WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. WHEREAS, following the judgment all terms of the annexation were completed by the applicant, except the requirement for city standard sidewalks and a drive approach along the property frontage, this will be completed with subsequent development; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 5F186D44-379E-4CD0-918D-BF9B7422855B 13 September 22