HomeMy WebLinkAboutResolution 5078 Northwest Corner of Cottonwood and Oak Annexation ray co.'►�'°
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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
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ATTEST: "Q'� •+ ■ ■ ' • •�?
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ROMN CROUGH • �'
City Clerk ±�•• ���3.'o$�
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APPROVED AS TO FORM:
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KARENSTAMMAUGH
Acting City Attorney
Page 4 of 4
This copy is a true and correct copy of the
onginaLdocument o file in my office.
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7 13 on City Clerk
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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
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WHEREAS,NWX, LLC are the current landowners of record of real property described
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�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-,.
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APPROVED AS TO FORM:
KARENSTANMAUGH
Acting City Attorney
Page 4 of 4