HomeMy WebLinkAboutResolution 4905 Park Place 2018 Annexation �j Co,
RESOLUTION NO. 4905
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 Barnard
Investments, LLC on behalf of the landowners requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include an area of land containing approximately 70.56
acres, located at the northwest corner of the intersection of Nelson Road and Frontage Road (US
10); and
WHEREAS,BarTimCo Properties,LLC,the current landowner of record of real property
consisting of three parcels of land described as Tracts 1C and 1D of Certificate of Survey No.
1372B, located in the SE1/4 of 522, T1 S, RSE, and the NE1/4 NEIA; and the E1/2, El/2, W1/2,
NE1/4 of 527, T1S, RSE, Principal Meridian, Gallatin County, Montana, 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 April 9,
2018; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
April 9, 2018; and
Page 1 of 4
Resolution 4905, Park Place 2018 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 9, 2018, the Commission approved the annexation subject to
contingencies, including an annexation agreement, which will be reviewed and approved prior to
final annexation; 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
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,M.C.A.,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 70.56 acres,to wit:
Legal Description
The property is located at the northwest corner of the intersection of Nelson
Road and Frontage Road(US 10). The property is further described as:
A description of land being Tract 1C and Tract I of Certificate of Survey No.
1372 B, located in the SE Y4 of Section 22; a 40' wide County Road No. 259
Easement,located in the SW V4 of Section 23; and a tract of land located in the
Page 2 of 4
Resolution 4905, Park Place 2018Annexation
NE 1/4 NE 1/4 of Section 27; situated in Township 1 South, Range 5 East, Principal
Meridian, Gallatin County, Montana, more particularly described as follows:
Beginning at the Northeast Corner of Section 27, also being the Southeast Corner
of Tract I of Certificate of Survey No. 1372 B,the Point of Beginning; thence
S.1°53'26"W. along the East line of Section 27 a distance of 836.91 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 581.25 feet to the
Right-of-Way of the Montana Department of Transportation Bargain and Sale
Deed Document No. 2170717; thence N.37°41'29"E. along said Right-of-Way a
distance of 0.70 feet; thence N.15°43'59"W. a distance of 81.76 feet; thence
N.52°18'31"W. a distance of 98.49 feet; thence N.69°31'56"W. a distance of
166.95 feet to the Northeast Right-of-Way line of the Montana Rail Link
Railroad; thence N.52°18'43"W. along said Railroad Right-of-Way a distance of
1613.49 feet; thence N.1°48'08"E. a distance of 712.83 feet; thence
S.89°52'46"E. a distance of 2047.78 to the Northeast Corner of Tract 1 C of
Certificate of Survey No. 1372 B, also being the West Right-of-Way line of a 40'
wide County Road No. 259 Easement; thence S.87°59'02"E. a distance of 40.00
feet to the East Right-of-Way line of said County Road Easement; thence
S.2°00'58"W. along said County Road Easement Right-of-Way a distance of
1412.22 feet; thence N.87°59'02"W. a distance of 40.00 to the Point of
Beginning.
The area of the above described parcel of land is 70.56 acres, more or less.
Section 2
The effective date of this annexation is June 5, 2018.
Page 3 of 4
Resolution 4905,Park Place 2018Annexation
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman,Montana, at a regular session thereof held on the 4th day of June,2018.
T RUS
Mayor
ATTEST: ,`��$0
.1
.- �Q
ROBIN CROUGH " * '; •e
City Clerk �''• �aa3 ,•
'YlL•• . • . .� 10�,,
. TIN co,r .
APPR VED AS T9 FORM:
kkFOULLIVAN
City Attorney
Page 4 of 4