HomeMy WebLinkAboutResolution 3218 Annexation of 21.644 acres - Scenic Developers
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COMMISSION RESOLUTION
NO. 3218 filM 179 PACf2122
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 TRACT
OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS
THE KAGY CROSSROADS
ANNEXATION (AND FORMERL Y REFERRED TO AS
THE SCENIC DEVELOPERS
ANNEXATION REQUEST) AND HEREIN MORE
PARTICULARLY
DESCRIBED.
WHEREAS, the
City of Bozeman received a request for annexation from John D. Marks,
President of Scenic Developers, and Gene Payne, for the Payne Family Trust, owners of the
tract, requesting the City Commission to extend the boundaries of the City of Bozeman so as
to include a certain contiguous tract of land located at northwest corner of the intersection of
South 19th Avenue and Kagy Boulevard extended 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
January 6, 1997; and
WHEREAS, Commission
Resolution No. 3158 was adopted by the City Commission on
January 6, 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 tract within the corporate limits of the City; and
WHEREAS, a public
hearing on Commission Resolution No. 3158 was duly noticed and
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held on February 18, 1997; and
WHEREAS, no objections
to said annexation were raised at the public hearing; and
WHEREAS, the
City did not receive any written protest from the real property owners
of the area to be annexed; and
WHEREAS, on February
18, 1997, 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.
3158; and
WHEREAS, subsequently,
the subject tract has been transferred and is now in the
ownership of Scenic Developers, Inc.; 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 is the subject of a written agreement
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ftt" 1 '19 'AC~2123
between the City and John D. Marks, President of Scenic Developers, Inc., record owner of the
tract; and
WHEREAS, said contiguous tract is the subject of a plat or Certificate
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:
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 21.644 acres of land, to wit:
A tract of land located in the SE ~, Section 14, Township 2
South, Range 5
East, Montana Principal Meridian, Gallatin County, Montana,
described as
follows:
Commencing at the southeast corner of Section
14; thence westerly
270041' 17" assumed azimuth from the north, 69.20 feet along
the south line
of the southeast quarter of solid Section 14; thence northerly
000031'23"
azimuth 1 001.82 feet along the westerly right of way line of
South 19th
Avenue; thence northerly 000030'13" azimuth 281.37 feet to the
point of
beginning of the property to be described; thence westerly 270020'34"
azimuth 170.18 feet; thence northerly 000019'25" azimuth 45.00
feet;
thence westerly 270020'34"
azimuth 1 016.36 feet; thence northerly
008038'16 azimuth 1 032.74 feet; thence easterly 089059"48"
azimuth
418.24 feet; thence southerly 180008'24" azimuth 306.79 feet
along the
west line of parcel A, Certificate of Survey 1328A, according
to the recorded
plat thereof; thence easterly 090000'00" azimuth 99.96 feet
along the south
line of said parcel A; thence southerly 180004'03" azimuth 29.94
feet along
said south line; thence easterly 090000'00" azimuth 520.56 feet
along said
south line; thence southerly 180033'57" azimuth 317.83 feet
along the west
Right of Way line of South 19th Avenue; thence southerly 180030'
13"
azimuth 418.63 feet; to the point of beginning, and commonly
known as lying
northwest of the intersection of South 19th Avenue and Kagy
Boulevard.
Section 2
The effective date of this annexation is December 31, 1997.
Section 3
The annexation of the above-described tract is subject to the
terms of the Agreement
dated December 1, 1997, by and between the City of Bozeman and John D. Marks, President
of Scenic Developers, Inc.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 1 st day of December 1997.
( ?0-7 r! ~~
DON E. STUECK, Mayor
0
APPROVED AS TO FORM:
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355384 THIS INSTRUMENT W AS FILED FOR RECORD IN TIllS OFFICE ON
THE 4 DA Y OF DECEMBER A.D. 19 q7
OFFICE OF COUNTY RECORDER) , , .
COUNTY OF GALLATIN ) AT 2:31 PM., AND WAS DULY RECORDED IN BOOK~_
STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 2122
Fee $ 24.00 .$~ <V_ RECORDER. DY ~ tfwtru, { 1'1 tf DEPUTY
RT: ROBIN SULLIVAN CITY OF BOZEMAN '
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