Loading...
HomeMy WebLinkAboutResolution 5445 Correcting and Replacing Resolution 5486 Rainbow Creek AnnexationVersion April 2020 RESOLUTION 5445 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: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 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 WHEREAS, on September 13, 2022, the City Commission adopted Resolution 5386 authorizing the annexation of the Rainbow Creek properties to the City; prior to the Mayor signing Resolution 5386 City staff recognized errors in the Resolution; and WHEREAS, the errors in Resolution 5386 necessitate adoption by the Commission of a new resolution annexing the Rainbow Creek properties to the City; and WHEREAS, this Resolution 5445 corrects the errors in Resolution 5386. 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, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 2.29 acres, to wit: Legal Description BOOK 148 PAGE 207 SW ¼ OF S34 T01S, R05E, P.M.M, GALLATIN COUNTY, MT A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the south line of said section, which said point bears East a distance of 248.6 feet from the DocuSign Envelope ID: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 Version April 2020 southwest corner of said section; thence N 01°25.9’W along the line of a metal post fence a distance 246.8 feet to a point marked by a metal fence corner post; Thence N 89°53.6’ E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along the foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in the south line of said section; Thence West along said south line a distance of 415.9 feet to the point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and 207. This tract contains 2.29 acres, more or less. Section 2 This Resolution hereby supersedes Resolution 5386. 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: 3F011FDD-E8E3-4437-A9E7-2224AC449EB9 October18 22