HomeMy WebLinkAboutResolution 3788 Annex east side of Story Mill Road, 20.12 acres
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COMMISSION RESOLUTION NO. 3788
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 Brownstone Capital
Inc., requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
Tract 7 A, Certificate of Survey 2408, in the County of Gallatin, State of Montana in accordance with the
provisions of Title 7, Chapter 2, Part 43, M.C.A.; 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 September 20, 2004; and
WHEREAS, Commission Resolution No. 3667 was adopted by the City Commission on April
5, 2004, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as
to include said rights-of-way within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3667 was duly noticed and held
on May 3, 2004 and
WHEREAS, on May 3, 2004, 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. 3667; and
WHEREAS, title to the subject property was subsequently conveyed to Aspen Partners I, LLC;
and
WHEREAS, the provision of available services, including, but not limited to, water rights or cash
in lieu, SID's, and applicability of development standards, dedication of rights-of-way, for the property as
described is the subject of a written agreement between the City and the Aspen Partners I, LLC, owner
of the property; and
WHEREAS, said contiguous tract is the subject of a plat or 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 the identified
rights-of-way is in the best interests of the City of Bozeman and the inhabitants thereof and of the holders
of the beneficial interest.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
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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
to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and
include such of land, to wit:
A tract of land being Tract 7 A of Certificate of Survey No. 2408 situated in the
NW1/4SW1/4 Section 32, T1S, R6E, P.M.M. City of Bozeman, Gallatin County,
Montana, and being further described as follows:
Beginning at the W1/4 corner of said Section 32; thence along the E-W mid-section
line of said Section 32 S8801 S'S1 liE a distance of 1312.63 feet to the C-W1 /16 corner;
thence along the W1/161ine of said Section SOoo07'46"W a distance of 667.57 feet to
the C-N-SW1 /64 corner; thence along the N1 /64 line of the SW1 /4 of said Section 32
N88D1S'S1"Wa distance of 1314.59 feet to the N-S1/64 corner common to Sections
31 and 32 in said Township and Range; thence along the section line common to said
Sections 31 and 32 NOOo17'SO"E a distance of 667.S2 feet to the Point of Beginning.
Said tract contains 876,613 square feet or 20.124 acres, more or less, and is subject to all
existing easements, whether of record or apparent on the ground.
Section 2
The effective date of this annexation is May 1, 2005.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
26th day of January 200S, by and between the City of Bozeman and Aspen Partners I, LLC.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 18th day of April, 20
ATTEST:
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IIIIIIIIIH 111/11111111 II 111011111111 11111111 111/111 ~2~~;2:~':R
- 2 - Shelley Vanaa-Gallatln Co MT MISC 18.00
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ANNEXATION MAP 1 ""1111111111111111111111111111111111111111111111 "'I ~:t ~~f:~.~,
THE LEGENDS AT BRIDGER CREEK
A TRACT OF LAND BEING TRACT 7 A OF CER TIFICA TE OF SURVEY No. 2408 SITUATED IN THE Shelley Vlnoe-Glllltin Co MT MISC 18.00
NWl/4SWl/4 SECTION 32, T1 S, R6E, P.M.M., CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA
DESCRIPTION
A tract of Ion d be ing T ro c t 7 A of Certiti c ate of Survey No. 2408 sl tu oted in th e NW1 /4SWI /4
Section 32, T1S, R6E, P.M.M., City of Bozeman, Gallatin County, Montano, and being further
described 0 s follows:
Beginnin, at the WI/4 corner of sold Section 32; thence olong the E-W mid-section line of
I Point of Beginning GALLA TIN COUNTY /BOZEMAN AREA ~
,ijELI'E 100 YEAR flOOD PLAIN
soid Se':ltion 32 S88"15'51-E 0 distonce of 1312.63 feet to the C-Wl/16 corner; thence olong
ZONING DISTRICT wC5':0.~ J'C"5oNJf/'s&3
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the W1/16 Une of said Section SOO"07'45"W 0 distance of 657.57 feet to the C-N-SWI/54
I fHD \ r .............. e.... ZONEr> i'S ~ F'" ,56'
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corner; thence along the N1/64 tine of the SW1/4 of said Section 32 N88"15'51"W 0 distance
SEE CORNER REOORO LAND USE AGRIClJL TURAl/VACANT
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of 1314.59 feet to the N-S1/64 corner common to Sections 31 and 32 in said Township ond
S88" 15'51"E 1312.63'
R ongtl th en ce olon 9 th e secti on I ine com men to said Se ctl on s 31 0 n d 32 NOO"1 7' 50"E 0 pOPE 1
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distollce of 567.52 feet to the Point of Beginning.
,.oI'~ ,9sa~ 1 5DD YEAR FLOOD PLAIN
86 I L JO'-=~ SEE SURVEYOR'S NOlE 2
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Soid troct contains 876,613 square feet or 20.124 acres, more or less, and is subject to 011
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exj~in g eo sem en ts, wh eth er of record or opporeo t on the groun d.
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LEGEND
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~ FOUND U.S. PUBLIC lAND SURVEY lOT .4-2 CRe:E)( ~
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SECTION CORNER
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TRACT 7A
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C.O.S No. 2408
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FOUND 5/8" OIA. REBAR WITH 1 3/4- "''''
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SURVEYOR'S
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NOTES
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EXISTIN G WA lER
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1. NO EASEMENT DOCUMENTS FOUND 30'
MAIN
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FOR PUBLIC UTILITIES ON WEST SIDE OF
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TRACT 7 A
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2. THE 500 YEAR AND 100 YEAR FLOOD
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P~N ZONES WERE SCALED FROM
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COMf.tUNITY-PANEL #3000280008C,
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