HomeMy WebLinkAboutResolution 3794 Annex Clotfelter, Forte, Tolliver tract, 2311 S 7th, .56 acres
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'< J Shellev Vance-Gallatin Cc MT MISC 18.00
COMMISSION RESOL0110N -NO. 3794
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 Richard Clotfelter,
Stephen Forte, and KC Tolliver, record owners of the tract of land, requesting the City Commission to
extend the boundaries of the City of Bozeman 50 as to include a certain contiguous tract of land legally
described as a portion of Tract 1 B, Certificate of Survey 1393-A, in Gallatin County, Montana, and generally
located on the eastern side of the parcel known as 2311 S 7th Avenue, City of Bozeman, 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 August 16, 2004; and
WHEREAS, Commission Resolution No. 3707 was adopted by the City Commission on August
16, 2004, 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. 3707 was duly noticed and held on
September 20, 2004; and
WHEREAS, on August 16, 2004, the Commission authorized and directed staff, upon satisfaction
by the applicant of the terms of approval, to prepare the necessary documents to proceed with the
annexation of this tract in accordance with Commission Resolution No. 3707; and
WHEREAS, the provision of available services, including, but not limited to, easements, water
rights or cash in lieu, to said contiguous tract is the subject of a written agreement between the City and
Richard Clotfelter, Stephen Forte, and KC Tolliver, record owners of the tract; and
WHEREAS, said contiguous tract is the subject of a 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.
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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to the City of Bozeman and that the boundaries of said City shall be extended"so as to em-brace and
include such 0.56 acres of land, to wit:
Commencing at the north quarter corner of Section 24, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana;
Thence N 89004'02" E a distance of 1692.56 feet to the True Point of Beginning:
Thence N 89004'02" E a distance of 58.58 feet; Thence S 30028'15" W a distance of
463.97 feet; Thence S 89004'02" W a distance of 58.58 feet; Thence N 30028'15" E a
distance of 483.97 feet to the True Point of Beginning.
Said tract contains 2.12 acres, more or less, along with and subject to all easements of record
or apparent on the ground.
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
December 9, 2004, by and between the City of Bozeman and Richard Clotfelter, Stephen Forte, and KC
Tolliver.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 2nd day of May, 2005. ~~r
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ROBIN L SULU~ _
Clerk" of thEi commission
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CFT-RAILROAD ANNEXATION MAP
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BEING ALL THAT PART OF THE ABANDONED CHICAGO, MILL W AUKEE, St. PAUL AND
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PACIFIC RAILROAD LYING IN TRACT IB OF COS 1393A, LOCATED IN THE NORTHEAST
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QUARTER OF SECTION 24, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA
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BA~S OF BEARING: NORTH LINE OF CDS 1393A 115I
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LEGAL DESCRIPTION
All t hot portion 01 the aba ndoned Chic 0 90, ....ilwaukee, St. Paul 0 nd Po cifi c
Rai Irood Iyi n9 in T rocl 1 B 01 COS 1393-A, os filed with the Go Ilatin Co unty I
C Ie rk on d Recorder, located in Ihe northeast quo rter of Section 24, Towns hip
2 South, Ra nge 5 Eo st, P..........., Go II ati n County, Manto no, being more
parti c u 10 rly described os follows:
I
Commencing ot the north quarter comer of said Section 24;
Thence N 89'"04'02" E 0 distance of 1692.56 feet to the
T ru e Poi n I of Begi nnl ng;
Th enc e N 89'"04'02- E 0 dista nce of 58.58 feet;
Thence S 30"28'15" W a distance of 483.97 feet;
Thence S 89'"04'02" W a distance of 58.58 feet;
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LOT 1 4 F1GG~~ION Thence N 30"28' 15- E a distance 01 483.97 feet to
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the True Poi nt of Begi nni n g.
TRACT A
SUSD pHASE
EtUJN DE~uaDIv'\510N
fOLJ~ED R2 Said tra ct c ontoins 0.56 DC res, m ore or less, a long wit hand su b ject to a II
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easements 01 record or 0 pparent on the g rou n d.
~USION ~E 2
GRAPHIC SCALE fONED R2
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100 50 100
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'''' ANNEXATION MAP
( IN FEET )
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PCb "U,'5(ltJ~-aw, ~lIIl5!m1 ~ PIMIIe: (0) S!1-a121 FIX (.:m-nN
1 inch = 100 ft.
CLlEN T:
FIELD WORK' DATE: 06/15/04 PLOTTEO DATE: Sep/22/2004 - 12:46:40 pm
DRAWING N A"" E:
DRAWN B~ JCR/....RH SCALE: 1"= 100' H:\3465\OO5\ACAD\EXHIBI1'S\NoINEX.dw;
CHECKED By.JCR PROJ :3465.005 SHEET ----1- Of ---1--