HomeMy WebLinkAboutResolution 3234 Intent to annex Bozeman Farmstead Annexation - 419.579 acres
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COMMISSION RESOLUTION NO. 3234
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from Keith Swenson, Wirth Design Associates, on behalf of Bozeman
Deaconess Health Services, owner of the tract sought to be annexed herein, requesting the
City Commission to extend the boundaries of the City of Bozeman so as to include within
the boundaries of the City of Bozeman, Montana, certain contiguous tract of la'hd generally
bounded by Ellis Road, Haggerty Lane, Bozeman Trail Road, Kagy Boulevard, Highland
Boulevard and New Hyalite View Subdivision; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
A tract of land being the E 1/2 NW 1/4, that portion of the NE 1/4 lying
southwesterly of the southwesterly right-of-way line of Haggerty Lane, the
SE 1/4, and that portion of the SW 1/4 lying easterly of New Hyalite View
Subdivision, all located in Section 17, T2S, R6E, P.M.M., Gallatin County;
being further described as follows:
Beginning at the North 1/4 Corner of said Section 17; Thence, on the north
line of the NE 1/4 of said Section 17, S89004'24"E 929.58 feet to a point
on the southwesterly right-of-way line of Haggerty Lane; Thence, on said
right-of-way the following three (3) courses: 1) S52014'22"E 295.78 feet,
2) southeasterly on a curve to the left, having a radius of 1990.00 feet,
through a central angle of 04043'30" an arc distance of 164.11 feet,
3) S56057'52"E 1595.15 feet to a point on the east line of the NE 1/4 of
said Section 17; Thence, on said east line, SOo056'31"W 1520.15 feet to
the East 1/4 Corner of said Section 17; Thence, SOo024'45"W 2654.89
feet to the Southeast Corner of said Section 17; Thence, N89034'40"W
2643.54 feet to the South 1/4 Corner of said Section 17; Thence, on the
south line of the SW 1/4 of said Section 17, N89026'32"W 1329.73 feet
to the Southeast Corner of New Hyalite View Subdivision, Plat Book F,
Page 13, Gallatin County records; Thence, on the easterly boundary of
said subdivision the following four (4) courses: 1) N19037'28"E 650.26
feet, 2) N33017'28"E 580.23 feet, 3) N42029'28"E 600.24 feet,
4) N20029'30"E 1182.63 feet to the Northeast Corner of said subdivision;
Thence, on the north line of said subdivision, N89026'32"W 1331.43 feet
to the Southeast Corner of the Central Addition to the City of Bozeman,
being also the C-W 1/16 Corner of said Section 17; Thence, NOo033'13"E
2654.37 feet to the Northeast Corner of the Central Addition to the City
of Bozeman, being also the West 1/16 Corner common to Sections 8 and
17; Thence, S89029'16"E 1332.38 feet to the point of beginning.
WHEREAS, this tract contains 419.579 acres of land along with and subject to all
existing easements of record or of fact; and
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WHEREAS, the above-described tract is the subject of plats or Certificates of
Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared and submitted to the
Commission; and
WHEREAS, the Commission has duly reviewed and considered said written
annexation staff report; and
WHEREAS, prior to annexation, an agreement between the City and the owner of
said tract addressing issues that are in the best interests of the City of Bozeman, such as,
but not limited to, rights of way, easements, traffic signals, water rights or cash-in-lieu,
waivers of right to protest creation of SIOs, and water and sewer hookup fees, to said
contiguous tract and other parcels directly affected or impacted by this annexation, shall be
fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants
thereof and of the inhabitants of the contiguous tract hereinbefore described to extend the
boundaries of the City of Bozeman so as to include said contiguous tract of land hereinbefore
described within the corporate limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services
to the contiguous tract hereinbefore described will be the subject of a mutual agreement
between the City of Bozeman and the real property owners of the tract, that it is in the best
interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said
contiguous tract that the boundaries of said City of Bozeman be extended so as to include
the contiguous tract hereinbefore described within the boundaries and corporate limits of the
City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be
held in the Commission Room in the Municipal Building of said City on the 1 st day of June
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1998, at 7:00 p.m., is hereby designated as the time and place at which comments in favor
of or opposed to the annexation of the property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall:
a. Immediately notify in writing, addressed to the address to which
tax notices are sent, all owners and purchasers under contract for
deed of the property in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle,
the newspaper nearest the parcel of land to be embraced within
the corporate limits and boundaries of the City of Bozeman, at
least once a week for two successive weeks.
Section 4
The notice to be given by the Clerk of the City Commission shall be to the effect
that such resolution has been duly and legally passed, and that the Clerk of the City
Commission will receive written comments of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from real property owner of the area
proposed to be annexed, and that the written comments, if any, must be filed with the Clerk
of Commission not later than 5:00 p.m. on Wednesday, May 27, 1998.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 4th day of May 1998.
q;{tI dn ~
ALF D . STIFF, Mayor
ATTEST:
()~ /~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of Bozeman held on the 4th day of May 1998, Commission Resolution No. 3234 was duly
and regularly passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
The 419.579 acres of real property proposed for annexation by Keith Swenson,
Wirth Design Associates, on behalf of Bozeman Deaconess Health Services, generally
bounded by Ellis Road, Haggerty Lane, Bozeman Trail Road, Kagy Boulevard, Highland
Boulevard and New Hyalite View Subdivision, in the County of Gallatin, State of Montana,
is described as follows:
A tract of land being the E 1/2 NW 1/4, that portion of the NE 1/4 lying
southwesterly of the southwesterly right-of-way line of Haggerty Lane, the
SE 1/4, and that portion of the SW 1/4 lying easterly of New Hyalite View
Subdivision, all located in Section 17, T2S, R6E, P.M.M., Gallatin County;
being further described as follows:
Beginning at the North 1/4 Corner of said Section 17; Thence, on the north
line of the NE 1/4 of said Section 17, S89004'24"E 929.58 feet to a point
on the southwesterly right-of-way line of Haggerty Lane; Thence, on said
right-of-way the following three (3) courses: 1) S520 14'22"E 295.78 feet,
2) southeasterly on a curve to the left, having a radius of 1990.00 feet,
through a central angle of 04043'30" an arc distance of 164.11 feet,
3) S56057'52"E 1595.15 feet to a point on the east line of the NE 1/4 of
said Section 17; Thence, on said east line, SOo056'31"W 1520.15 feet to
the East 1/4 Corner of said Section 17; Thence, SOo024'45"W 2654.89
feet to the Southeast Corner of said Section 17; Thence, N89034'40"W
2643.54 feet to the South 1 /4 Corner of said Section 17; Thence, on the
south line of the SW 1/4 of said Section 17, N89026'32"W 1329.73 feet
to the Southeast Corner of New Hyalite View Subdivision, Plat Book F,
Page 13, Gallatin County records; Thence, on the easterly boundary of
said subdivision the following four (4) courses: 1) N19037'28"E 650.26
feet, 2) N33017'28"E 580.23 feet, 3) N42029'28"E 600.24 feet,
4) N20029'30"E 1182.63 feet to the Northeast Corner of said subdivision;
Thence, on the north line of said subdivision, N89026'32"W 1331.43 feet
to the Southeast Corner of the Central Addition to the City of Bozeman,
being also the C-W 1/16 Corner of said Section 17; Thence, NOo033'13"E
2654.37 feet to the Northeast Corner of the Central Addition to the City
of Bozeman, being also the West 1 /16 Corner common to Sections 8 and
17; Thence, S89029'16"E 1332.38 feet to the point of beginning.
For a period of twenty (20) days following the first publication of this Notice, the
Clerk of Commission will receive comments, in writing, of approval or disapproval of the
proposed extension of the boundaries of the City of Bozeman from the real property owner
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of the area proposed to be annexed. The deadline for this written comment is 5:00 p.m. on
Wednesday, May 27, 1998. In addition, a public hearing shall be held on Monday, June 1,
1998, at 7:00 p.m. in the Commission Room of City Hall, at 411 East Main Street,
Bozeman, Montana, for the purpose of hearing testimony in support of or in opposition to
the annexation of the above-described real property.
DATED this 5th day of May 1998.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, May 7, 1998
Thursday, Jay 14, 1998
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3234
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 419.579 ACRES GENERALLY BOUNDED BY
ELLIS ROAD, HAGGERTY LANE, BOZEMAN TRAIL ROAD, KAGY BOULEVARD,
HIGHLAND BOULEVARD AND NEW HYALlTE VIEW SUBDIVISION
IN THE COUNTY OF GALLATIN,
STATE
OF MONTANA
;Soh.., /Z/,() rk / c.k ;Ji~ .s ;' je- H' f-vL.c-~r Bozeman Deaconess
Health Services, does hereby acknowledge that on the I ;'7A day of ,4/,{'Y
,1998
(s)he received a copy of said Notice and hereby waives any requirement for personal service
of said Notice. And, further, that (s)he presently resides in Gallatin County, State of
Montana.
]'I-t
DATED this / ) day of /t1/l y , 1998.
,
~1 /-<- ~~>-rr~
NOT
ARY PUBLIC
ST A TE OF MONT ANA )
COUNTY OF GALLA TIN)
On the 1/-;1, day of
m~ 1998, before me, a Notary Public for the
;:r; h h A/n.cl w : ~J.
State of Montana, personally appeared , known to
me to be the '~~5 ).j,. .~ f '- C f:D of Bozeman Deaconess Health Services, is
subscribed to the within instrument and acknowledged to me that (s)he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first written above.
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