HomeMy WebLinkAboutResolution 3897 Annexation of tract NE of Davis and Catamount
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__" "~ J COMMISSION RESOLUTION NO. 3897
.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
fu MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS
~ ~ TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
CO: ~ THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
U) O2 CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT.
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o WHEREAS, the City of Bozeman received a request for annexation from Rocky Mountain
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::l Timberlands for Robert C. Davis, owner of the tract, requesting the City Commission to extend the
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_ boundaries of the City of Bozeman so as to include a certain contiguous tract of land lying northeast of
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E the intersection of Davis Lane and Catamount Street in the County of Gallatin, State of Montana; and
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_ ~ WHEREAS, an annexation staff report has been prepared in accordance with the Commission's
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,S goals and policies for annexation and was presented to the Commission on June 7,2004; and
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- ~ WHEREAS, Commission Resolution No. 3689 was adopted by the City Commission on June
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~ 7,2004, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as
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::;. to include said contiguous tract within the corporate limits of the City; and
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_ 0; WHEREAS, a public hearing on Commission Resolution No. 3689 was duly noticed and held
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on July 6, 2004; and
. WHEREAS, no objections to said annexation were raised at the pUblic hearing; and
WHEREAS, the City did not receive any written protest from the real property owners of the area
to be annexed; and
WHEREAS, on July 6, 2004, the Commission authorized and directed staff, upon satisfaction
by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the
annexation of this tract in accordance with Commission Resolution No. 3689; and
WHEREAS, the subject tract was subsequently conveyed to Crestview Lake LLC, R. Scott
Hacker. Managing Member; and
WHEREAS, the provision of available services, including, but not limited to, 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 tract is the subject of a written agreement between the City and Crestview
Lake LLC, record owner of the tract; and
WHEREAS, said contiguous tract is the subject of a plat or Certificate of Survey, filed in the
office of the Gallatin County Clerk and Recorder's Office; 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 thereof and of the inhabitants of
the contiguous tract.
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
. Montana:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, 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 such 4S.99 acres of land, to wit:
A tract of land being Lot 3 of Minor Subdivision No. 221, located in the Southwest one-
quarter of Section 26, Township 1 South, Range S East, Montana Principal Meridian,
Gallatin County, Montana, more particularly described as follows:
Commencing at the southwest corner of Section 26, being the True Point of
Beginning:
Thence N89000'S4"W, a distance of 30.00 feet;
Thence along the West right-of way of Davis Lane N01 oS3'31"E, a distance of 1S62.06
feet;
Thence leaving said right-of-way, S88006'29"E, a distance of 80.00 feet;
Thence NS1 034'03"E, a distance of 120.S9 feet;
Thence S890S4'34"E, a distance of 3S.03 feet;
Thence SS300S'1 O"E, a distance of 38.66 feet;
Thence SSr16'1S"E, a distance of 279.10 feet;
Thence S6rS6'09"E, a distance of 1 02.36 feet;
. Thence S88048'4S"E, a distance of 91.39 feet;
Thence S78047'04"E, a distance of 92.34 feet;
Thence S89002'30"E, a distance of 34.32 feet;
Thence SSrOS'34"E, a distance of 667.93 feet;
Thence S89006'31 "E, a distance of 91.65 feet;
Thence S02002'44"W, a distance of 1061.82 feet;
Thence N89000'54"W, a distance of 1422.S6 feet to the True Point of Beginning.
Said parcel contains 45.99 acres, more or less, and is subject to all existing easements of record
or apparent on ground.
Section 2
The effective date of this annexation is March 20, 2006.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
March 6, 2006, by and between the City of Bozeman and Crestview Lake LLC, R. Scott Hacker, Managing
Member.
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Shelley Vanoe-Gallatin Co MT MISC 33 00
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
. regular session thereof held on the 6th day of March 2006.
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ATTEST: JEFF SS,Mayor
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HIN L. SULLIVAN
City Clerk
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Shelley Vance-Gallatin Co MT MISC 33,00
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