HomeMy WebLinkAboutResolution 4797 Cresent Cross Annexation RESOLUTION NO. 4797
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS 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 TRACTS.
WHEREAS,the City of Bozeman received a petition for annexation from Cresent Cross,
LLP requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include an area of land containing 30.129-acres, located southeast of South Cottonwood Road and
Huffine Lane; and
WHEREAS, Cresent Cross, LLP is the current landowner of record of real property
described as Lot 3A-1, Minor Subdivision 454C located in the West One-Half of Section 15,
Township 2 South, Range 5 East, 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 April 10,
2017; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
April 10,2017; and
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Resolution 4797,2017 Cresent Cross Annexation
WHEREAS,the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on April 10, 2017, 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 October 2, 2017, 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 tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS,said tracts are known Lot 3A-1, Minor Subdivision 454C, and a portion of
Road Lot 2,Minor Subdivision 454 located in the West One-Half of Section 15,Township 2 South,
Range 5 East, Gallatin County,Montana,and adjacent right-of-way for South Cottonwood Road 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 I
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
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Resolution 4797, 2017 Cresent Cross Annexation
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 30.129-acres,to wit:
Legal Description
An area of land described as follows:
Lot 3A-1, Minor Subdivision 454C, and a portion of Road Lot 2, Minor
Subdivision 454, according to the plat thereof, on file and of record in the office
of the Clerk and Recorder, Gallatin County, Montana, located in the West One-
Half of Section 15, Township 2 South, Range 5 East, Gallatin County, Montana,
all described as follows:
A tract of land being located in the Northwest One-Quarter of Section 15,
Township 2 South, Range 5 East, Principal Meridian Montana(P.M.M), Gallatin
County, Montana being more particularly described as follows:
Beginning at a point on the west boundary of said Section 15, from which the
northwest corner of said Section 15 bears N 00°05'02" W a distance of 936.95'
thence N 89°54'58" E a distance of 548.17'to an Alpine aluminum cap;
thence N 00°04'49" W a distance of 99.27' to a calculated point;
thence S 89°50'20" E a distance of 369.32' to a Gaston yellow plastic cap;
thence S 00°05'06" E a distance of 801.54'to an Alpine aluminum cap;
thence N 89°53'58" E a distance of 412.49' to a Gaston yellow plastic cap;
thence S 00°02'57" W a distance of 93.92'to an Alpine aluminum cap;
thence S 69°04'42" W a distance of 324.10' to an Alpine aluminum cap;
thence 207.12' along a curve concave to the southeast, having a radius of 330.00'
and a central angle of 35°57'42"to an Alpine aluminum cap;
thence S 35°14'09" W a distance of 272.88'to an Alpine aluminum cap;
thence 58.05' along a curve concave to the northwest, having a radius of 50.00'
and a central angle of 6691'20"to an Alpine aluminum cap;
thence N 78°14'31" W a distance of 64.68'to an Alpine aluminum cap;
thence 139.24' along a curve concave to the southeast, having a radius of 175.00'
and a central angle of 459 5'18"to an Alpine aluminum cap;
thence S 56°10'10" W a distance of 293.52'to an Alpine aluminum cap;
thence 111.42' along a curve concave to the northwest, having a radius of 175.00'
and a central angle of 36°28'42"to an Alpine aluminum cap;
thence N 87°21'08" W a distance of 50.99'to an Alpine aluminum cap;
thence S 89°54'58" W a distance of 60.00' to a calculated point on the west line of
said Section 15;
thence N 00°05'02" W a distance of 1482.79'to the point of beginning,
containing 30.129 acres, more or less.
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Resolution 4797, 2017 Cresent Goss Annexation
SUBJECT to all easements of record or apparent from a visual inspection of the
property.
Section 2
The effective date of this annexation is October 3, 2017.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman,Montana, at a regular session thereof held on the 2°a day of October, 2017.
CARSON TAYLOR
Mayor
ATTEST:
♦ 1r
ROBIN CROUGH ~' ' =- •z
City Clerk •. •o
L�TIN
APPRO D A T FORM:
dfRE&,8tLLWAN
City Attorney
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