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HomeMy WebLinkAboutResolution 5078 Northwest Corner of Cottonwood and Oak Annexation ray co.'►�'° 88 RESOLUTION NO. 5078 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, KNOWN AS THE NORTHWEST CORNER OF COTTONWOOD AND OAK ANNEXATION. WHEREAS, the City of Bozeman received a petition for annexation from NWX, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 162.35 acres, located northwest of the corner of North Cottonwood Road and West Oak Street; and WHEREAS,NWX, LLC are the current landowners of record of real property described as Tract 5 of Certificate of Survey No. 2552 Located NE 1/4 of Section 4, T2S, R5E, P.M.M., Bozeman, 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 January 28,2019; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on January 28, 2019; and Page 1 of 4 Resolution 5078, 2018 Northwest Corner of Cottonwood&Oak Annexation WHEREAS,the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on January 28, 2019, 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 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, 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 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 approximately 162.35 acres,to wit: Legal Description A description of land being the NE 1/4 of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; located in the NE 1/4 of Section 4, Township 2 South, Range 5 East; and a 30' wide county road right of way easement located in the SE 1/4 of Section 33, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana,more particularly described Page 2 of 4 Resolution 5078, 2018 Northwest Corner of Cottonwood&Oak Annexation as follows: Beginning at the Northeast Corner of Section 4, also being the Southeast Corner of Tract 1 of Certificate of Survey No. 2553,the Point of Beginning; thence S.2°16'25"W. along the line between Section 4 and Section 3 a distance of 2627.49 feet to the East '/a Corner of Section 4; thence N.89°13'13"W. along the mid-section line of Section 4 a distance of 2649.87 feet to the Center '/4 Corner of Section 4, also being the Southeast Corner of Tract 4 of Certificate of Survey No. 2552; thence N.1°42'36"E. along the east line of said Tract 4 of Certificate of Survey No. 2552 a distance of 2625.17 feet to the North 1/4 Corner of Section 4 as described in Certified Corner Record Book 3 Page 922 doe. #2294184 also being the Southwest Corner of Tract 1 of Certificate of Survey No. 2553; thence N.1°42'36"E. a distance of 30.00 feet; thence S.89°15'30"E. a distance of 2676.05 feet; thence S.2°16'25"W. a distance of 30.00 feet to the Point of Beginning. The area of the above described parcel of land is 162.35 acres, more or less. Section 2 The effective date of this annexation is June 25, 2019. Page 3 of 4 Resolution 5078, 2018 Northwest Corner of Cottonwood&Oak Annexation PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,Montana, at a regular session thereof held on the 24th day of June 2019. L. NDRUSV Mayor $0Z� ATTEST: "Q'� •+ ■ ■ ' • •�? h • ��.:1: fir!'. ■ ROMN CROUGH • �' City Clerk ±�•• ���3.'o$� r►v Co' APPROVED AS TO FORM: e�� KARENSTAMMAUGH Acting City Attorney Page 4 of 4 This copy is a true and correct copy of the onginaLdocument o file in my office. 04 7 13 on City Clerk c? P`P��E� TIN co•r RESOLUTION NO. 5078 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,KNOWN AS 0 THE NORTHWEST CORNER OF COTTONWOOD AND OAK ANNEXATION. N WHEREAS, the City of Bozeman received a petition for annexation from NWX, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as,to include an area of land containing approximately 162.35 acres, located northwest of the corner of North aE= Cottonwood Road and West Oak Street; and N = c� m�= o� WHEREAS,NWX, LLC are the current landowners of record of real property described �C- �0�- as Tract 5 of Certificate of Survey No. 2552 Located NE 1/4 of Section 4, T2S, R5E, P.M.M., ro� Bozeman, Gallatin County, Montana, requesting the City Commission to extend the boundaries of o the City of Bozeman; and �— NaW— 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 January 28,2019; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on January 28,2019; and Page 1 of 4 Resolution 5078, 2018 Northwest Corner of Cottonwood&Oak Annexation WHEREAS,the City did not receive any written protest from the real property owners of the area to be annexed;and WHEREAS, on January 28, 2019, 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 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, 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,Mont. Codes Ann.,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 approximately 162.35 acres,to wit: Legal Description A description of land being the NE 1/4 of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; located in the NE 1/4 of Section 4, Township 2 South, Range 5 East; and a 30'wide county road right of way easement located in the SE 1/4 of Section 33, Township 1 South,Range 5 East, Principal Meridian, Gallatin County,Montana,more particularly described Page 2 of 4 Resolution 5078,2018 Northwest Corner of Cottonwood&Oak Annexation as follows: Beginning at the Northeast Corner of Section 4, also being the Southeast Corner of Tract 1 of Certificate of Survey No. 2553,the Point of Beginning;thence S.296'25"W. along the line between Section 4 and Section 3 a distance of 2627.49 feet to the East 1/4 Corner of Section 4;thence N.89°13'13"W. along the mid-section line of Section 4 a distance of 2649.87 feet to the Center 1/4 Corner of Section 4, also being the Southeast Corner of Tract 4 of Certificate of Survey No. 2552; thence N.1°42'36"E. along the east line of said Tract'4 of Certificate of Survey No. 2552 a distance of 2625.17 feei t6 the North 1/4 Corner of Section 4 as described in Certified Corner Record Book 3, Page 922 doc. #2294184 also being the Southwest Corner of Tract'I'of Certificate of Survey No. 2553; thence N.1°42'36"E. a distance'of 30.00 feet; thence 5.89°15'30"E. a distance of 2676.05 feet,thence S.2°16'25"W. a distance of 30.00 feet to the Point of Beginning. The area of the above described parcel of land is 162.35 acres,more or less. Section 2 The effective date of this annexation is June 25,2019. Page 3 of 4 Resolution 5078, 2018 Northwest Corner of Cottonwood&Oak Annexation PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of June 2019. e RU Mayor ATTEST: .F' • ' ' '•,�?J 41 �I �-�4 Imo,`� • RO CROUGH • � : City Clerk '•`, ��a3'.•o��' NCO-,. .. . APPROVED AS TO FORM: KARENSTANMAUGH Acting City Attorney Page 4 of 4