HomeMy WebLinkAboutResolution 3132 Annexing 7.967 acres - McGough
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170 PACf2729
COMMISSION RESOLUTION NO. 3132
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 AND REFERRED TO AS THE
WHEELER ANNEXA TION (FORMERL Y REFERRED TO AS THE McGOUGH
ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED.
WHEREAS. the City of Bozeman received a request for annexation from Steve McGough,
owner of the tracts. requesting the City Commission to extend the boundaries
of the City of
Bozeman so as to include a certain contiguous tracts of land located along
the north side of West
Babcock Street. in the 2700 block, 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 November
20, 1995; and
WHEREAS. Commission Resolution No. 3091 was adopted by the City Commission on
November 20, 1995, 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. 3091 was duly noticed and
held on December 18. 1995; 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 December 18, 1995. the Commission authorized and directed staff to
prepare the necessary documents to proceed with the annexation of this tracts
in accordance with
Commission Resolution No. 3091; 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 Steve McGough, record owner of the tracts; and
WHEREAS. said contiguous tracts are 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 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 RESOLVED by the City Commission of the City of Bozeman.
Montana:
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filM 1?OfAtf2730
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 7.967 acres of land, to wit:
All that part of the South Half of the Northwest Quarter (S Y2 NW~) of Section
Eleven (11), Township Two (2) South, Range Five (5) East, M.P.M. included
within the following metes and bounds, to-wit: Beginning at a point on the
South line of said S Y2, NW%, said point being 2184.83 feet East of the
Southwest corner of said S Y2, NW % ; thence West along the South line thereof
a distance of 130.57 feet; thence North a distance of 1334.56 feet, more or
less, to a point on the North line of said S Y2, NW%; thence East along said North
line thereof a distance of 130.57 feet to a point located 2227.83 feet East of the
Northwest corner of said S Y2, NW% thence South a distance of 1334.43 feet,
more or less, to the point of beginning. As recorded in Book 115 of Deeds, page
128 records of Gallatin County, Montana.
And also that part of the S Y2 of the NW~ of Section Eleven (11), Township Two
(2) South, range Five (5) East of M.P.M., included within the following metes and
bounds, to-wit: Beginning at a point on the South line of said S % of NW%, said
point being 2315.4 feet East of the Shuthwest corner of said S % of NW~;
thence West along the South line of said quarter a distance of 130.57 feet;
thence North a distance of 1334.43 feet, more or less, to a point on the North
line of said S %, NW~; thence East along said North line thereof a distance of
130.57 feet to a point located 2358.4 feet East of the Northeast corner of said
S Y2 of NW%; thence South a distance of 1334.31 feet, more or less; the point
of beginning, being the East half of the Eight Acre Tract as recorded in Book 80
of Deeds, page 72, Gallatin County records. As recorded in Book 116 of Deeds,
page 30, records of Gallatin County, Montana.
Section 2
The effective date of this annexation is August 1, 1996.
Section 3
The annexation of the above-described tracts is subject to the terms of the Agreement
dated July 15, 1996, by and between the City of Bozeman and Steve McGough.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 15th day of July 1996.
(?rn~~
DON E. STUECK, Mayor
State ot on~na}ss
County of lIatin
filed .19
APPROVED AS TO FORM: at
M.,and
Recorded In bock. _of
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flLH 170 PACf2731
J\ffib-afrit nf JIuhl h:atintt~~':'
of thl City of
Bozlm.n, Montena extlnd.
Ing the boundlrll, of IIld
STATE OF MONTANA CIty of Bozlman 10 I' to In-
, } cludl within thl corporatl
S S limit. of thl City of Bon-
County of Gallatin, . mln trlct. of Ilnd contlgu.
OUI to Mid City Ind referred
b d I d to IS the Whleler Annexa.
v;,,;!" Portnpll , C :lguysworn, eposes lion (formlrly referred to aI
the McGough Annexation
and says: That2......-he is Prine ipal Clerk .fthe Bozeman Daily=~~;::~._~!
Chronicle, a newspaper of general circulation, printed and published in Bozeman, ~ofo=,:na
County of Gallatin
Gallatin County Montana' and that the notice hereunto annexed I, Robin L. Sullivan, Clerk of
, , the City Commission of the
( ,. - , 3 1 3 2 City of Bozeman, Montana, do
Comm ~ s s ~on Re so 1 u t ~on No - hereby clrtify that the forego-
Ing is the t~ and correct title
)has been and numbtr of cOmmission
Resolution No. ~., paSSed
I bl' h d. h I d .. f and adopted It ..regu/ar 81$'
correct y pu IS e In t e regu ar an enUre Issue 0 every nu sion thereof held. on the 15th
day of July 1996. .
1 consecutive- insert ion n was made on Daledtf!l. 16th dl)' of July
1996.
J 9 h ROBIN L. SULLIVAN
the t day of , and the last on Clerk of Ihe Commission
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the 19th day of
"'I'~~~~~'''~"", .):;::-:
,.,\~j.~~;:..,.,,,..__..:.,.+'.,. Subscribed and sworn to before me this
.............. ........_...-...'.'..t......y...~I..,.'\~ .1..'..Ai:.~'.:.'.....~..iA'":: 22~1:t ~ 19:2.L
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t'..... -'-'. . .,.....',. 'ir' ". .
--......-.........'.1;._\... .........:.........::..........8.............(:4.......1\.' .. L: .... :i. :.... ...' Notary Public for the State of Montana,
~ """'\,.+." ~I-~ ,", .'
"\, ;.-~ ~,';,I:,:./, iiF ..' '.~~. ~'. "::." residing at Bozeman, Montana
\ '.,.. . .~"", -'
" <if,. .' ... A"'''''"'' .
:.".. ,. Ct,' t':()\'. . .... NO'!ARY PUBLIC for the Stale of Montana
-. '.,. ResIding at Bozeman, Montana
My Commission expires July 6, 2000.
A/IfII!!XATIOII MAl' VICINITY MAP "
WIS:l.8l Mf1R6 1= HOlE PARK SI.BDIVlSION .
~ ~ ~ I r LOC(7E'D IN THE $ 1/2 OF' NW 1/4. SEe. ft. T. 2 s.. R. 5 Eo I
.. CD en w or PJI.M.. GALlATIN COUNTY. IiIONTANA ."'__. ..
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~ I~ ;; ~ J I ':'~~ I 1 I I I COUNTY ZONING
q . '" ~ [ I L J '-, I I I I DISTRICT NO. 1
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~ ~ -.J _.I..____..._____! ~ 1 I I AREA TABUwo..TION
;; .. -. I gl I I
~ Jf~ -.. ME." ()F WE'SI MENDENH!\U. = 15,654 SO IT 0.3594 ACRES
o l 10- _1- - Tit I I /oREA OF WEST BABCOCK = 11,751 SO IT 0.2698 ACRES
a.. ii5 ~ * I RWJNDER = 320.447 SO IT 7.3564 ACRES
ZONED R3 I I ;: 24 I 23 / I !- I I TOTAL AREA = 347,B.52 SO IT 7.9B.56,;,cRES
I I ZS~ I / i I
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I I C/)::3" ! IB Fim 156 Pogo 757 ~l TRACT 4 I TRACT 1 I
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-J j ~ - -;1 COUN ZOI~ING I I <'oJ I I
I DISTRI IW. 1 \3
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r-;r I _ _ I I LEGAL DESCRIPTION
~ I I I / 1 Tho! ~rt of the Sout" Hol! of the ~orth"ft!t Quorter of Soctioo 11, lownohip 2 SOulh,
I I 26 I / I I I Ronge 5 Ea.t 01 P .>1. ~" Gallatin County. Monta no, d~.crl~ o. !ollow.:
I ~ I I Commencing at -the Center Quarter Comer -af said Section 11:
L J '"I I - thence W'tllsterly 269'" 2()' Of!'. Q815Umed azimuth from north. 3.30.00 ~ 4JI-ong the
--f - - 0 I l liouth. line of :!iGid. Northwest Qoorter of Section 11 to tl1e ~~nt of beg-inning:
I I all I I th.ne. continu!... .....otor1y 269' 20' DB' czimuth 261.14 le.1 along .cld south line;
I 29 i' I I thonce norther1y ()OO' 35' 24" azimuth 13:33.55 feet;
I II I thon"" easterty 089' 24' 45" ozimuth 260.74 feet;
I' I I thonco ocLJIhorty 18(1 :>:3' 24' ozimLJIh 13:33.19 feo! ~
I r - I lRACT B I to the point 01 boginning. ;=
I I s.~ I I ! Totar Areo = 347.852 SqU{]r"e feel. ocr 7.9856 Acres. or 32..316.4 Square Met~
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90akf F t -1 1---11/ I I I I .....
1~0 0'" o. 'If I ! , ! I I ~
3~-0 30 113111 III II -.0
S.aIe In AlBien .J.LJ, J 1 ~
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JH[ ENGmEERlNG AND ~~~.iiJ;ji,.- --- B........ - -
.. t.J SURVEYING INC I-______~----+..--..-.-.---...---..---...'t ~
, ' . BABCOCK · -4_
.....- .""'-- ....- ZONED R3 I MEADOWS ZONED R4 I ZONED R3 i
8.. ..... ,.,.,.. <OS m-1I16 SUBDIVISION .
_1IoUma ems <OS 181' . 6079A