HomeMy WebLinkAboutResolution 2849 Annexing property of Sourdough Creek Properities
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COMMISSION RESOLUTION NO. 2849
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION
OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND
THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO
SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE-
SCRI BED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITH-
I N THE CORPORATE L1MI TS THEREOF.
WHEREAS, there has been presented to the City Commission of the City
of Bozeman a written application from Carter Williams on behalf of himself and
Sourdough Creek Properties, a Montana Corporation, owners of the entire tract
sought to be annexed herein, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include certain contiguous tracts of
land within the boundaries of the City of Bozeman; and
WHEREAS, the proper legal description of the contiguous tract, which is
bounded in part by Westfield Subdivision on the north, Wagon Wheel Road on
the east and south, and South Third Avenue on the west, in the County of
Gallatin, State of Montana, is as follows:
A tract of land located in the SEt, Section 24 and NEt, Section
25, Township 2 South, Range 5 East, Montana Principal Meridian,
Gallatin County, Montana, and being more particularly described
as follows:
Beginning at the southeast corner of said Section 24; thence
South 89040100" West along the section line between said Sections
24 and 25, a distance of 260.00 feet, to a point on the westerly
right-of-way of Wagon Wheel Road, THE TRUE POINT OF
BEGINNING; thence South 00013'00" West, along said westerly
right-of-way, a distance of 209.71 feet; thence along a curve to
the right, which is the northerly and westerly right-of-way of
Wagon Wheel Drive, having a central angle of 89027100" and radius
of 353.67 feet, an arc distance of 552.15 feet; thence South
89040100" West, along said northerly right-of-way, a distance of
666.77 feet, to the easterly right-of-way of South 3rd Avenue;
thence North 00006105" East, along said easterly right-of-way, a
distance of 559.92 feet to a point on the section line common to
said Sections 24 and 25; thence North 00007126" East, along said
easterly right-of-way, a distance of 1,678.75 feet to a point on
the southerly boundary of the Westfield Subdivision Annexation;
thence North 89017133" East along said southerly boundary, a
distance of 670.00 feet; thence South 37053157" East, along said
southerly boundary, a distance of 154.93 feet; thence North
89017133" East, along said southerly boundary, a distance of
285.00 feet, to the northwest corner of Block 1, Subdivision No.
8-IIA" of Sourdough Cree k Properties; thence South 00013'00"
West, along the westerly boundary of said Subdivision No. 8-IA",
a distance of 252.64 feet; thence South 64009133" West, along said
westerly boundary, a distance of 75.00 feet; thence South
25049150" East, along said westerly boundary, a distance of 60.00
feet; thence North 64009'51" East. along said westerly boundary,
a distance of 45.69 feet; thence South 02025'30" West, along said
westerly boundary, a distance of 176.31 feet; thence South
02025142" West, along said westerly boundary, a distance of 99.13
feet; thence South 02019'24" West, along said westerly boundary,
a distance of 218.32 feet; thence a long a curve to the right,
having a central angle of 24024'27" and a radius of 269.43 feet,
an arc distance of 114.77 feet to a point on the westerly
right-of-way of Wagon Wheel Road; thence South 24015124" West,
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along said westerly right-of-way, a distance of 137.53 feet;
thence along a curve to the left, which is said westerly
right-of-way, having a central angle of 24002'24" and a radius of
766.46 feet, an arc distance of 321 .59 feet; thence South
00013100" West, along said westerly right-of-way, a distance of
288.39 feet to THE TRUE POINT OF BEGINNING, and containing
51.826 acres; and
WHEREAS, the above-described tract is the subject of a plat(s) or Cer-
tificate(s) of Survey, filed in the office of the Gallatin County Clerk and Re-
corder's Office; 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 November 25, 1991; and
WHEREAS, prior to annexation an agreement between the City and the
owners of said tract addressing issues that are in the best interests of the City
of Bozeman, such as but not limited to, rights of way, easements, traffic
signals, water rights or cash in lieu, waivers of right to protest creation of
SID's, and water and sewer hookup fees, to said contiguous tract and other
parcels directly affected or impacted by this annexation, shall be fully
executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and
the inhabitants thereof and of the inhabitants of the contiguous tract herein-
before described to extend the boundaries of the City of Bozeman so as to in-
clude said contiguous tract hereinbefore described within the corporate limits of
said 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, subject to the condition that the provision of
the services to the contiguous tract hereinbefore described will be the subject
of a mutual agreement between the City of Bozeman and the freeholders of the
tracts, that it is in the best interests of the City of Bozeman and the inhabi-
tants thereof and of the inhabitants of said contiguous tracts that the boun-
daries of the said City of Bozeman be extended so as to include the contiguous
tract hereinbefore described within the boundaries and corporate limits of the
City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Mon-
tana, to be held in the Commission Room in the Municipal Building of said City I
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on the 16th day of December 1991 at 7:00 p.m. be, and the same is hereby
designated as the time and place at which comments in favor of or opposed to
the annexation of the property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission
shall:
a. Immediately notify in writing, addressed to the address to
which tax notices are sent, all owners and purchasers un-
der contracts for deed of the property in said contiguous
tracts to be annexed; and
b. Cause a notice to be published in the Bozeman Daily
Chronicle, the newspaper nearest the parcels of land to be
embraced within the corporate limits and boundaries of the
City of Bozeman, at least once a week for two successive
weeks.
Section 4
The notice to be given by the Clerk of the City Commission shall be to
the effect that such resolution has been duly and legally passed, that comments
wi II be received at the time and place designated in Section 2, above, and that
for a period of twenty days after the first publication of such notice, such
in writing, of approval .
Clerk of the City Commission will receive expressions, .
or disapproval of the proposed extension of the boundaries of the City of Boze- ,
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man from freeholders of the territory proposed to be embraced therein.
PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular and stated session of said City Commission. held on the
25th day of November 1991.
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ATTEST:
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R 'I L. SULLlV N
Clerk of the Commission
APPR,~YfD AS TO FORM: y
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission
of the Ci ty of Bozeman held on the 25th day of November 1991, Commi ssion
Resolution No. 2849 was du Iy and regu lar Iy passed and adopted. Said Reso-
lution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION
OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND
THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO
SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE-
SCRI BED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITH-
IN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation by Carter Williams on behalf
of himself and Sourdough Creek Property is bounded in part Westfield Subdivi-
sion on the north, Wagon Wheel Road on the east and south, and South Third
Avenue on the west, in the County of Gallatin, State of Montana, is as follows:
A tract of land located in the SEL Section 24 and NEL Section
25, Township 2 South, Range 5 East, Montana Principal Meridian,
Gallatin County, Montana, and more particu la rly described as
follows:
Beginning at the southeast corner of said Section 24; thence
South 89040'00" West along the section line between said Sections
24 and 25, a distance of 260.00 feet, to a point on the westerly
right-of-way of Wagon Wheel Road, THE TRUE POINT OF
BEGINNING; thence South 00013100" West, along said westerly
right-of-way, a distance of 209.71 feet; thence along a curve to
the right, which is the northerly and westerly right-of-way of
Wagon Wheel Drive, having a central angle of 89027100" and radius
of 353.67 feet, an arc distance of 552.15 feet; thence South
89040'00" West, along said northerly right-of-way, a distance of
666.77 feet, to the easterly right-of-way of South 3rd Avenue;
thence North 00006105" East, along said easterly right-of-way, a
distance of 559.92 feet to a point on the section I ine common to
said Sections 24 and 25; thence North 00007126" East, along said
easterly right-of-way, a distance of 1,678.75 feet to a point on
the southerly boundary of the Westfield Subdivision Annexation;
thence North 89017133" East along said southerly boundary, a
distance of 670.00 feet; thence South 37053157" East, along said
southerly boundary, a distance of 154.93 feet; thence North
89017133" Ea s t , along said southerly boundary, a distance of
285.00 feet, to the northwest corner of Block 1, Subdivision No.
8-IA" of Sourdough Creek Properties; thence South 00013100"
West, along the westerly boundary of said Subdivision No. 8-IA",
a distance of 252.64 feet; thence South 64009133" West. along said
westerly boundary, a distance of 75.00 feet; thence South
25049150" East, along said westerly boundary, a distance of 60.00
feet; thence North 64009'51" East, along said westerly boundary,
a distance of 45.69 feet; thence South 02025130" West, along said
westerly boundary, a distance of 176.31 feet; thence South
02025'4211 West, along said westerly boundary, a distance of 99.13
feet; thence South 02019'2411 West, along said westerly boundary,
a distance of 218.32 feet; thence a long a curve to the right,
having a central angle of 2402412711 and a radius of 269.43 feet,
an arc distance of 114.77 feet to a point on the westerly
right-of-way of Wagon Wheel Road; thence South 24015'2411 West,
along said westerly right-of-way, a distance of 137.53 feet;
thence along a curve to the left, which is said westerly
right-of-way, having a central angle of 24002124" and a radius of
766.46 feet, an arc distance of 321.59 feet; thence South
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00013'00" West, along said westerly right-of-way, a distance of
288.39 feet to THE TRUE POINT OF BEGINNING, and containing
51.826 acres.
For a period of twenty (20) days following the first publication of this
Notice the Clerk of the Commission will receive expressions, in writing, of ap-
proval or disapproval of the proposed extension of the boundaries of the City
of Bozeman from the freeholders of the tract proposed to be annexed.
In addition, a public hearing shall be held on Monday, December 16,
1991, at 7:00 p.m. in the Commission Room of the City Hall at 411 East Main
Street, Bozeman, Montana, for the purpose of hearing testimony in support of
or in opposition to the annexation of the above-described real property.
DA TED this 25th day of November 1991.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Tuesday, November 26, 1991
Wednesday, December 4, 1991
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