HomeMy WebLinkAboutResolution 3774 Annex Vandermolen tract
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COMMISSION RESOLUTION NO. 3774
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
a: MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS
~ ~ TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
.. <'I := THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
OJ 'O! CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT.
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Ni~ WHEREAS, the City of Bozeman received a request for annexation from Carl Vandermolen,
____ a 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 Baxter Lane, east side of
- - the extension of North 27th Avenue, and north side of the extension of Tschache Lane in the County of
_ Gallatin, State of Montana; and
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;:::= ~ 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 March 1, 2004; and
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~ 0 WHEREAS, Commission Resolution No, 3658 was adopted by the City Commission on March
= = 1, 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
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= ~ WHEREAS, a public hearing on Commission Resolution No. 3658 was duly noticed and held
_ ~ on April 5, 2004; and
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- :: WHEREAS, no objections to said annexation were raised at the public hearing; and
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- V) WHEREAS, the City did not receive any written protest from the real property owners of the
area to be annexed; and
j WHEREAS, on April 5, 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. 3658; and
WHEREAS, Carl Vandermolen was landowner of record of said tract, at the time of submitting
an application requesting the City Commission to extend the boundaries of the City of Bozeman; and
WHEREAS, Carl Vandermolen is the landowner of record for Tract 2 of Certificate of Survey
No. 1256; requesting the City Commission to extend the boundaries of the City of Bozeman; and
WHEREAS, Fairview Investments, L.L.C., sUbsequently purchased Tract 1 of Certificate of
Survey No. 1256 and is its current owner; and joins in requesting the City Commission to extend the
boundaries of the City of Bozeman; 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 Carl Vandermolen and Fairview Investments, L.L.C., record owners 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:
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Section 1
2i 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
'It' <'I g: to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and
m'O! include such 40.22 acres of land, to wit:
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... : ~ A tract of land being Tract 1 and Tract 2 of Certificate of Survey No. 1256, located in
N: ~ the Northeast One-Quarter of Section 2, Township 2 South, Range 5 East, Principal
:!i: Meridian Montana, Gallatin County, Montana, and being more particularly described
_ cD as follows:
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_ Beginning at the North One-Quarter Corner of said Section 2, thence North 89045'18"
- u East. along the north line of said Section 2 a distance of 1323.67 feet; thence South
~ ~ 01037'32" West, along the east line of said Tract 2 a distance of 1325.75 feet; thence
~ South 89046'22" West, along the south line of said Tracts 1 and 2 a distance of
o 1321.20 feet; thence North 01031 '11" East, along the west line of said Tract 1 a
~ ~ distance of 1325.26 feet to the Point of Beginning.
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- :: Said Tract of land being 40.22 acres of land, more or less, along with and subject to
:: all existing easements of record or of fact; and
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_ ~ Section 2
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- :: The effective date of this annexation is February 28, 2005.
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- '" Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
January 25, 2005, by and between the City of Bozeman and Carl Vandermolen and Kingdon Gould IV
and Sandra Gould, representing Fairview Investments, L.L.C.
PASSED AND ADOPTED by the City Commission 0 e City of Bozeman, Montana, at a
regular session thereof held on the 22nd day of Februa~ 05
",:_.;~:~~ " RO, Mayor
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APPROVED AS TO FORM:
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TIMdTHY A. CO "Cj "-
Acting City Attorney
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Snallay Vanoa-Gallatin
Co MT MISC 18.00
V ANDER MOLEN ANNEXATION
MAP
BEING TRACTS 1 AND 2 OF CERTIFICATE OF SURVEY No. 1256
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
GALLA TIN COUNTY, MONTANA
POINT OF AGRICUL
TURAl COUNTY
BEGINNING
POST OFFICE
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CITY
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LIMITS
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TRACT 1
TRACT 2
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20.11 acres
20.11 acres
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PROPOSED
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ANNEXA TION
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BOUNDARY
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300 450
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PASTURE
SCALE, 1 INCH. 300 FEET
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LEGAL DESCRIPTION
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