HomeMy WebLinkAboutResolution 3760 Annex Mandeville and railroad row
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COMMISSION RESOLUTION NO. 3760
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 City of Bozeman, one
of the owners of the tracts 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 legally described as Tract 1-A, Tract 3-A
and Tract 4-A of Certificate of Survey No. 2153 a tract of land being Tract A of Certificate of Survey No.
939 and Tracts 1 and 3 of Certificate of Survey No.1723, situated in the NW ~ of Section 36, Township
1 South, Range 5 East, P.M.M., Gallatin County Montana; and generally located on the southern side of
the Burlington Northern Railroad right-of-way between North 7th Avenue and North 19th Avenue, City of
Bozeman, County of Gallatin, State of Montana; and
WHEREAS, Section 7-2-4211, MCA requires that all annexations include the full width of public
streets and roads, including full width of right-of-way; and
WHEREAS, Redwing Drive and North 7th Avenue are public streets lying adjacent to the parcels
initially requested for annexation and within the boundaries of the adjacent parcel, being the Burlington
Northern Railroad right-of-way, and no practical means has been identified to segregate those portions
of the right-of-way; and
WH EREAS, Section 7 -2-4314( 1 )( d) allows inclusion of railroad land in an annexation processed
according to Title 7, Chapter 2, Part 43 MCA; and
WHEREAS, neither Burlington Northern nor Montana Rail Link, a lessor and contract purchaser
of the right-of-way, have objected to being included with the annexation; and
WHEREAS, that portion of the Burlington Northern Railroad right-of-way lying within the following
sections or portions thereof: NE~ of Section 6, Township 2 South, Range 6 East; SW~ of Section 31,
Township 1 South, Range 6 East; Section 36, Township 2 South, Range 5 East; SW~ of Section 25,
Township 1 South, Range 5 East; SE~ of Section 26, Township 1 South, Range 5 East; P.M.M., Gallatin
County has been included with the annexation in order to satisfy the requirements of state law; 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 7,2004; and
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WHEREAS, Commission Resolution No. 3719 was adopted by the City Commission on
September 7, 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 tracts, including the Burlington Northern Railroad right-of.way, within
the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3719 was duly noticed and held on
October 4, 2004; and
WHEREAS, on October 4,2004, 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. 3719; and
WHEREAS, the provision of available services to said contiguous tracts is the subject of an
extension of services plan prepared by the City of Bozeman as provided for in Section 7-2-4305, MCA; and
WHEREAS, said contiguous tracts are the subject of Certificates of Survey, plats, or other
documents 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 these contiguous
tracts is in the best interests of the City of Bozeman and the inhabitants thereof and of the owners of the
contiguous tracts.
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 215 acres of land, to wit:
Tract 1-A, Tract 3-A and Tract 4-A of Certificate of Survey No. 2153 a tract of land
being Tract A of Certificate of Survey No.939 and Tracts 1 and 3 of Certificate of
Survey No.1723, situated in the NW ~ of Section 36, Township 1 South, Range 5
East, P.M.M., Gallatin County Montana
Said tracts contain 85 acres, more or less, along with and subject to all easements of
record or apparent on the ground; and
That portion of the Burlington Northern Railroad right-of-way lying within the following
sections or portions thereof: NE ~ of Section 6, Township 2 South, Range 6 East; SW
~ of Section 31, Township 1 South, Range 6 East Section 36, Township 2 South,
Range 5 East; SW ~ of Section 25, Township 1 South, Range 5 East; SE ~ of
Section 26, Township 1 South, Ranqe 5 East; P.M.M., Gallatin County.
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Said area contains 130 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 December 30, 2004.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 20th day of December 2004
APPROVED AS TO FORM:
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TIMOTHY A. ER
Acting City Attorney
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.= _ aoo 2_38 rme5 "='119 and octupying ~Imaleiy 130 acres
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