HomeMy WebLinkAboutResolution 5134 Annexation of 5170 Durston Road RESOLUTION NO. 5134
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,
NAHORNIAK ANNEXATON APPLICATION 19335.
WHEREAS, the City of Bozeman received a petition for annexation from MJN
Properties, LLC current landowners of record, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include an area of land containing approximately 1.1942
acres,located at 5170 Durston Road; and
WHEREAS, the current landowner of record of real property consisting of one parcel of
land described as a part of Tract 6 and Tract 7, Smith Subdivision,located in the NW 1/4 of Section
11, Township 2 South, Range 5 East, P.M.M., 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 October
21,2019; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
October 21, 2019; and
WHEREAS,the City did not receive any written protest from the real property owners of
the area to be annexed; and
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WHEREAS, on October 21, 2019, the Commission approved the annexation subject to
an annexation agreement which was signed by the current land owner prior to the public hearing;
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 12.0 acres,to wit:
Legal Description
The property is described as:
That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file
and of record in the office of the Clerk and Recorder, Gallatin County, Montana as
described in Document Number 2602650,records of said office of the Clerk and
Recorder, and that part of adjacent right of way for Durston Road as described on
Document Number 2226667,on file and of record in the office of the Clerk and Recorder,
Gallatin County,Montana, located in the Northwest Quarter of Section 11,Township 2
South,Range 5 East of P.M.M., Gallatin County, Montana, and further described as
follows:
Beginning at the southwest corner of said property described in Document Number
2602650;thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along
Resolution of Annexation 5120 2504 W. Mendenhall Street Annexation Page 2 of 3
the west line of said Tract 6; thence westerly 270'55'41" azimuth 10.00 feet; thence
northerly 001'57'28" azimuth 163.86 feet along the west line of said property described
in Document Number 2602650 and its northerly extension to the centerline of the right of
way of Durston Road; thence easterly 090'56'46" azimuth 149.29 feet along said
centerline;thence southerly 181'53'50" azimuth 290.00 feet along the east line of said
property described in Document Number 2602650 and its northerly extension; thence
along the boundary of said property described in Document Number 2602650 on the
following courses: westerly 270'55'41" azimuth 4.00 feet; southerly 181'42'33" azimuth
73.50 feet; westerly 270'55'41" azimuth 135.45 feet to the Point of Beginning.
Area=52,018 square feet, 1.1942 acres
Section 2
The effective date of this annexation is January 28,2020.
PASSED AND APPROVED by the City Commission of the City of Bozeman,Montana,
at a regular session thereof held on the 27th day of January, 2020.
CHRIS MEHL
.•' '• 'Mayor
ATTEST: (
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MIKE MAAS �o rn0 L,4
Interim City Clerk
APPROVED AS TO FORM:
41 LIVAN
Ci ttorney
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