HomeMy WebLinkAboutResolution 5363 Canyon Gate AnnexationVersion April 2020
RESOLUTION NO. 5363
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS 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 TRACTS, KNOWN AS
THE CANYON GATE ANNEXATION, APPLICATION 21337.
WHEREAS, the City of Bozeman received a petition for annexation from Canyon Gate
Investors, LLC requesting the City Commission to extend the boundaries of the City of Bozeman
so as to include an area of land containing approximately 25.42 acres, located northeast of the
corner of Story Mill Road and Bridger Canyon Drive; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on December
21, 2021; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
December 21, 2021; and
WHEREAS, on December 21, 2021, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
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 tracts as described is the subject of a written
agreement between the City and the Landowner; and
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WHEREAS, on December 21, 2021, the Commission directed revisions to the annexation
agreement prior to adoption; and
WHEREAS, on March 1, 2022, a revised annexation agreement executed by the
Landowner was presented to the Commission;
WHEREAS, on April 5, 2022, a further revised annexation agreement executed by the
Landowner was presented to the Commission; 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/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., 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 approximately 25.42 acres, to wit:
Legal Description
A tract of land described as: Tract 7B of COS 2408, less MDT ROW as shown within Deed
Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy
Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW
parcels #129, #139, #146 and a portion of #147; and a 40 Foot ROW Tract dedicated Per
Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section
31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal
Meridian Montana, Gallatin County, Montana, and more particularly described as follows:
Beginning at a point (P.O.B), which is the North West Corner of said COS No. 2408 and a point
on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of
Story Mill Road;
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thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek
Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a point
being the North East corner of said Tract 7B;
thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek
Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said
lines;
thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE
corner of said Tract 7B;
thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South
line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of
Lot 45 of the MT. Baldy Subdivision;
thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a
point;
thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said
Sections 31 and 32 (aka the center line of Story Mill Road);
thence, N 00° 18' 18" E, along said section line (aka, centerline of said Story Mill Road)
and the west line of said Tract 7B, a distance of 321.72 feet to a point;
thence, leaving said centerline and West line of said Tract 7B, N 89° 28' 21" W, a
distance of 40.00 feet to a point being the SE ROW corner of Tract D of the Osborne
subdivision;
thence, along said east ROW and lines of Tracts A, B, C and D of said Osborne
Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of
said Tract A of said subdivision and the south ROW of Boylan Road;
thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B.
Said area being 1,094,594 square feet or 25.13 acres more or less, along with and subject to all
easements of record.
All as shown on the Canyon Gate Annexation map.
Section 2
The effective date of this annexation is April 11, 2022.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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