HomeMy WebLinkAboutResolution 3796 Annex Shea Homes Inc tract, 5.6188 acres
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J Shelley Vanoe-Gallatin Co ~T ~ISC 18.11)11)
COMMISSION RESOLUTION NO. 3796
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS
TRACT 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 TRACT.
WHEREAS, the City of Bozeman received a request for annexation from Jeremy Shea, dba
Shea Homes, Inc., owner of a tract of land, requesting the City Commission to extend the boundaries of
the City of Bozeman so as to include a certain contiguous tract of land lying along the south side of
Durston Road and east side of North Cottonwood Road in the County of Gallatin, State of Montana; and
WHEREAS, an annexation staff report has been prepared in accordance with the Commission's
goals and pOlicies for annexation and was presented to the Commission on June 16, 2003; and
WHEREAS, Commission Resolution No. 3602 was adopted by the City Commission on June
16, 2003 declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as
to include said contiguous tract within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3602 was duly noticed and held
on July 14, 2003; and
WHEREAS, on July 14, 2003, 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. 3602; 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 as described is the subject of a written agreement between the City
and Shea Homes, Inc., record owner of said tract; and
WHEREAS, said contiguous tract is the subject of a plat(s) or Certificate(s) 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.
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
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Shallay Vanca-Gallatin Cc MT MISC 18.111111
to the City of Bozeman and that the boundaries of saki City shall be extended so as to embrace and
include such 5.6188 acres of land, to wit:
A tract of land being Certificate of Survey No. 985 located in the Northwest One-
Quarter of Section 10, Township 2 South, Range 5 East, Principal Meridian Montana,
Gallatin County State of Montana and being more particularly described as follows.
Beginning at the Northwest corner of said Section 10; thence East along the East-
West Section Line, a distance of 45.00 feet, to the true point of beginning; thence
East, along the East-West Section Line, a distance of 600.00 feet; thence South
01.06'05" West, a distance of 408.00 feet; thence West, a distance of 600 feet; thence
North 01.06'05 East, a distance of 408.00 feet, to the true point of beginning.
Said Tract of land being 5.6188 acres more or less along with and subject to any and all existing
easements of record or of fact.
Section 2
The effective date of this annexation is May 15, 2005.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
January 4, 2005, by and between the City of Bozeman and Shea Homes, Inc.
PASSED AND ADOPTED by the City Commissio of the City of Bozeman, Montana, at a
regular session thereof held on the 2nd day of May,
ATTEST: ---
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(ipY~
R IN L. SUlLIVAN-_
Clerk of the COrhmissjon
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/' NORTH 40 AN~EXATION MAP VICINITY MAP . ~ . .
:;1 ' I : I CERTIFICATE OF SURVEY NO. 985 NOtTOScale; -
~$ I I I A TRACT OF LAND LOCATED IN THE NW 1f4, SEC 10, T28, R5E, PMM, GALLATIN COUNTY, MONTANA 1 .~
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:~, Tract 1 LEGAL DESCRIPTION
I '$' g I C.O.S. No. 985 g
;~, '<> 5,6188 Acres '"
IZONED Pll) I ~! ~ ~ (ZONED R-3) A tract of land located inlt1~ Northwe~t 1/4 of Section 10: Township 2
'8, ,"'. I 2 '" South, Range 5 East, Pnnclpa! Mendlan Montana, Gallatm County,
.B 2 ~ '.r, Montana, and bemg more particularly described as follows:
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is ") ~ Beginning at the Northwest comer of said Section 10;
'" '--0 Thence East along the East-West Section line, a distance of 45.00 leet,
to the true poi nt of begi n ning;
Thence East, along the East-West Section Line, a distance of 600.00 feet;
Thence South 010 06' 05" West, a distarlce of 408.00 feet;
Therlce West, a distarlce of 600 feet;
Therlce North 010 06' 05 East, a distance of 408,00 feet, to the true poirlt
g of beginning.
~ ' ! , Said Tract of land being 5.6188 acres more or less alorlg with and subject
- 0-<,' ' ;.' .." , '. ,'C to any existing easements,
. , I : WfST 600,00',' i' ",,~, .'~
-~ W 1/4 COR ;t~
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~ ~ III'" ~ EXHIBIT MAP
;;- iDe c- 100
~ '~-- 'eet ENGI N EERI NG _ 04C364.101 DEC 2004
Copyrigd @ 2004 H K M Engin€ering ! n c" All ;~'gh Is Reserved,