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Home My WebLink AboutResolution 3222 Valley West Annexation - 404.50 acres . . . , ~ .... COMMISSION RESOLUTION NO. 3222.. fltM 180fA<< 11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TRACTS OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS THE VALLEY WEST ANNEXATION AND HEREIN MORE PARTICULARL Y DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from NW Ten Corporation; East Nine Corporation; Burnt Leather Ranch; 360 Ranch Corporation; Mobile Nine Corporation; David F. Norton; R&D Holdings; Joseph C. and Susan P. Billion; and Billion Family Partnership, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land located along the south side of Durston Road, west of Ferguson Avenue and north of US Highway 191, in the County of Gallatin, State of Montana; 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 July 7, 1997; and WHEREAS, Commission Resolution No. 3180 was adopted by the City Commission on July 7, 1997, 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 within the corporate limits of the City; and WHEREAS, a public hearing on Commission Resolution No. 3180 was duly noticed and held on July 7, 1997; and WHEREAS, after being duly noticed, the hearing was reopened and held on August 4, 1997; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on August 4, 1997, the Commission authorized and directed Staff to prepare an Annexation Agreement for their review which addressed the issues identified in the public hearings and Staff Report; and WHEREAS, Allen Gregory Morris, d.b.a. Executive Automotive Detail, who was identified as a property owner within the area to be annexed after the application was received, requested to be officially included in the annexation as owner of Lot 2, Block 3, Billion Auto Plaza Subdivision Plat J-180; and ----. - __ ....u__.. . ___ ...--... .,...~ - fll~ 180 PACE 18 WHEREAS, the ownership of the W%SE'Y4SE'Y4 of Section 9 (18.2 acres), was confirmed to be Montana Ranch Properties, Inc. and not 360 Ranch Corporation, as indicated in the original application, and Montana Ranch Properties, Inc. requested to be included in the annexation; and WHEREAS, on October 13, 1997, the Commission authorized and directed staff to prepare the necessary documents to proceed with the annexation of these tracts in accordance with Commission Resolution No. 3180, upon execution of the Annexation Agreement; 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 tracts is the subject of a written agreement between the City and NW Ten Corporation; East Nine Corporation; Burnt Leather Ranch; 360 Ranch Corporation; Mobile Nine Corporation; David F. Norton; R&D Holdings; Joseph C. and Susan P. Billion; and Billion Family Partnership, the record owners of the tracts; and WHEREAS, said contiguous tracts are 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 these contiguous tracts is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts. NOW, THEREFORE, BE IT RESOL VEO 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 404.50 acres of land, to wit, and as further described on Exhibits A and B, attached hereto: Beginning at a point which is the N 1/4 Corner of Section 10, T2S, R5E, PMM, Gallatin County, Montana; Thence as per C.O.S. No. 1829 through the following courses: On and along the northerly section line of said Section 10, West a distance of 738.56 feet; - 2 - . ..----- ... .' f1l~ 180rACf 19 Thence S 00011 '06" E a distance of 881.78 feet; Thence S 88029'50" W a distance of 639.07 feet; Thence N 00008'59" E a distance of 898.54 feet back to the northerly section line of said Section 10; Thence West a distance of 621.46 feet; Thence as per C.O.S. No. 985 through the following courses: Thence S 01 006'05" W a distance of 408.00 feet; Thence West a distance of 600.00 feet; Thence N 01 006'05" E a distance of 408.00 feet to the northerly section line of said Section 10; Thence, on and along said northerly section line, West a distance of 45.00 feet to the NW Section Corner of said Section 10. Thence as per C.O.S. No. 1005 through the following courses: Thence, on and along the northerly section line of Section 9, T2S, R5E, PMM, Gallatin County, Montana: Thence S 89046'41" W a distance of 1322.00 feet; Thence S 89047'28" W a distance of 1321.92 feet to the N 1/4 Corner of said Section 9; Thence S 88002'49" W a distance of 1337.75 feet; Thence, leaving said northerly section line, S 00056'43" W a distance of 1342.17 feet; Thence N 88026'20" E a distance of 1336.80 feet; Thence N 89019'32" E a distance of 1320.65 feet; Thence S 01 001 '59" W a distance of 1340.80 feet; Thence S 00040'07" Wa distance of 1332.19 feet; Thence S 00040'07" W a distance of 1230.70 feet to the newly established (70 foot) right-of-way of US HWY 191 ; Thence as per Film 143 page 2933 and rotated J.e. Billion Auto Plaza Subdivision Plat (J-180) through the following courses: Thence N 89016'30" E a distance of 1290.01 feet; Thence N 89051 '53" E a distance of 42.53 feet to the rotated C.O.S. No. 1946 ; Thence continuing on and along said right-of-way, through a curve to the left of radius 22988.31 feet, internal angle of 00011 '20" and arc length of 75.78 feet; Thence N 89051'53" E a distance of 257.21 feet; Thence, leaving said right-of way, N 00022'58" E a distance of 2564.71 feet to a point bearing S 89051'45" E and 333.53 feet from the W 1/4 Corner of said Section 10 and on the E-W mid-section line of said Section 10; Thence, on and along said E-W mid-section line, S 89052'31" E a distance of 2334.39 feet to the e 1/4 of said Section 10; Thence as per C.O.S. No.1 005 through the following courses: Thence, on and along the N-S mid-section line of said Section 10, N 00028'12" E a distance of 2665.90 feet to the N 1/4 of said Section 10 and the point of beginning. Said Tract is, more or less, 404.50 acres and is subject to all easements of record. - 3 - .....-. -..- . .- .- -.- ----::""""". _._-_._"._.~. .-. - . ... ..A Section 2 fiLM 180 PACE 20 The effective date of this annexation is December 31, 1997. Section 3 ,~~ The annexation of the above-described tracts is subject to the terms of the Agreement dated December 22, 1997, by and between the City of Bozeman and NW Ten Corporation; East Nine Corporation; Burnt Leather Ranch; 360 Ranch Corporation; Mobile Nine Corporation; Montana Ranch Properties, Inc.; David F. Norton; R&D Holdings; Joseph C. and Susan P. Billion; Billion Family Partnership; and Allan Gregory Morris, d.b.a. Executive Automotive Detail. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of December, 1997. ( 2 L" ~A-~~ DON E. STUECK, Mayor oI!" APPROVED AS TO FORM: - 4 - .. __.u__ . ~. ~ . .. "",#,' filM 180PACf 21 V ALLEY WEST ANNEXATION NOV, 1997 NW COR P.D.B. N1/4 COR SEC 10 WEST N1/4 COR SEC 9 t45.00' 9:Jrv'lJ SEC 10 S88002'49wW 4 S89047'28"W S89046'41"W _\ 3 ~~ WEST fo ~ WEST,_()3 1.337 75' (~) 1321,92': 1322.00' 9 10 ~ ~21,46' rP ~ 738.56.' 10 . 9 I fo LlIv," en ~ : w cP ____ ~ _100) ";q q, (XI 00 - I - ST - - 10 00 0 (") F-- I 10 0 WE 10 0 ~ . .... :::: ~--: : 9q 600.00,f)Q ~ ~ ~ ci co ~ I co ex> co ex> b ex> o:! 0) 10 I 000 000 0 .---~-'-'-'- .. b~ : O'<t O'<t z m~_ o I Z C/) S8~0~~'8~"W NO (/) N88026'20"E N89"19'32"E: .' &; ~ - 1336.80' 1320.6S' o~ ~ ~ ON . ~ Z 0)0 IOcq 05~ N89051'45VW o ~ 333.53', en 9.,10 / S890S2'31"E .. ((r- ------- .----- ... ., ------(1 ) 2334.39' ~1/ COR CENTER SEC10 I SE 10 T2S RSE ~ ~ I , t....c".pQ : 0.... ,0<0 I . <'Ii v I 0(') I :> .g(') I ~ ;> T""" I 0)" t.... CD Cl)o I 10 r:: 010 I ...t OW 1 ~<D ,J'f :g I 00 ~ g", ~ #"> : ~ CI) t.... 0 cpO:> : o "- b. . 00"1'20. I ...~ 00 R . 22988.31' :q.o....... 0;; ~ l - 75.78' ~'C.P<O o N8g0SfS30E :; 9016'30oE N89051'53ot;::. 257.21' j1290.01' 42.53' 1:(Y?:~-- us HWY 191 SW COR o SEC10 70' ROW NOO 22"3'E (N OF ClI 101.46' 356489 I State of MOItt., Coumy of ealfatfn, IS Flied for fIOOI'd DECEMBER 24 , 11-2..7_ at , 10: 13 . A .. M(lvand recorded in Book 180. ~~NEOUS page 17 .:$'el~tI ~ Recorder. Jy t J ~ 4 ~/ Deputy-. FEE: $30,00 T: ROBIN SULLIVAN, CLERK OF THE COMMISSION CITY OF BOZEMAN, PO BOX ~BOZEMAN' lid \ , MORRISON ::::,: SCALE. 1-" 1000' ~~ MA' '::: EXHIBIT 'A' [J1IT!I1I IERLE,INc. ~"'" ".. MAP OF PROPERTY A'Io JIm~OwIuIt Cilmplo"V p,o. UIIIIIIII) .11 I~ BIIII. ~ 1fT ~711 . ~ IQiI !4J.CflJI r. ,_) ~-U71