HomeMy WebLinkAboutResolution 3787 Annex McDonald Land Company tract, 59.82 acres between Durston and Oak
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COMMISSION RESOLUTION NO. 3787
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 McDonald land
Company, 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 north side of Durston Road,
south side of the extension of West Oak Street, and east of Sanders Avenue in the County of Gallatin,
State of Montana; and
WHEREAS, McDonald land Company is the current landowner of record of said tract,
requesting the City Commission to extend the boundaries of the City of Bozeman
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 October 13, 2003; and
WHEREAS, Commission Resolution No. 3635 was adopted by the City Commission on October
13, 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. 3635 was duly noticed and held
on November 17, 2003; and
WHEREAS, no objections to said annexation were raised at the public hearing; and
WHEREAS, the City did not receive any written protest from the real property owners of the area
to be annexed; and
WHEREAS, on November 17, 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. 3635; 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 McDonald Land Company, 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
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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
to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and
include such 59.823 acres of land, to wit:
A tract of land being the E ~ W ~ SW;4 and the W ~ W ~ E ~ SE X of Section
3, T2S, R5E, P.M.M., Gallatin County, Montana, and being further described as
follows:
Beginning at a point on the south line of said Section 3 which bears S89"59'47"W a
distance of 982.44 feet from the southeast corner of said Section 3, said point being
the W -E-E 1/256 corner of said Section and the southwest corner of Diamond Estates
Subdivision No.1; thence along the south line of said Section 3 S89"59'47"W a
distance of 982.43 feet to the W-E1/64 corner of said Section, said point also being
the southeast corner of Diamond Estates NO.2 Subdivision; thence along the W-
E1/64 line of said Section and the east line of Diamond Estates NO.2 Subdivision
NOO"58'57"E a distance of 2642.94 feet to the C-W-E1/64 corner; thence along the E-
W mid-section line of said Section 3 N89"48'24"E a distance of 988.66 feet to the C-
W-E-E1/64 corner, said point also being the northwest corner of Diamond Estates
Subdivision No.1; thence along the W-E-E line and the west line of Diamond Estates
Subdivision NO.1 S01"06'58"W a distance of 2646.33 feet to the Point of Beginning.
Said Tract of land being 59.823 acres of land, more or less, along with and subject to all existing
easements of record or of fact.
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
November 5, 2004, by and between the City of Bozeman and MacDonald Land Company.
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Shelley Vanoe-Gallatin Co MT MISC 24.1!J1!J
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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 2005.
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Sh~!l.~ V.~.-G.ll.tin ~o MT MIse 24.00
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, ANNEXATION MAP
. A TRACT OF LAND BEING THE E1/2W1/2SE1/4 AND THE W1/2W1/2E1/2SE1/4 SECTION 3, T2S,
FOR> ~ I.AHO c:o. _R5E' P .M.M., GALLATIN COUNTY, MONTANA MY. 2003
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S ~~~ u.NDUSE I
i w"zro/m/ISE-'/4 .~Mt I A tract of land being the E1/2W1/2SW1/4 and the
h 1_ W1/2W1/2E1/2SE1/4 Section 3, T2S, R5E, P.M.M., Gallatin County,
i I Montana, and being further described os follows:
WID USE
_Me I Beginning at 0 point on the south line of said Section 3 which
I J bears S89'59'47"W a distance of 982.44 feet from the southeast
I corner of said Section 3, sold point being the W-E-E1/256 corner
of sold Section and the southwest corner of Diamond Estates
I Subdivision No.1; thence along the south line of said Section 3
~ WID USE III 589'59' 47"W 0 distance of 982.43 feet to the W-E1/64 corner of
liD -...... m I sold Section, sold point also being the southeast corner of
~ ~ I' Diamond Estates Subdivision No.2; thence along the W~E1/64
~ i line of sold Section and the east line of Diamond Estates
Ii. Subdivision No. 2 NOO'S8'S7"E a distance of 2642.94 feet to the
1_ C-W-E1/64 corner; thenoe along the E-W mid-section line of
said Section 3 N89'48'24"E a distance of 988.66 feet to the
I C-W-E-E1/64 corner, said point also being the northwest corner
. of Diamond Estates Subdivision No.1; thence along the W-E-E
I line and the west line of Diamond Estates Subdivision No. 1
________ _---------.-1 S01'06'S8"W a distance of 2646.33 feet to the Point of Beginning.
-~~=J1~--:~=~j Said tract being 59.823 acres.
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Sh~l~ev Vanoe-Gallatin Co MT MISC 24.00 06/02/2006 10,03R
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