HomeMy WebLinkAboutResolution 3094 Annexing Birdie Drive (formerly Poncelet), 3.30 acres
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COMMISSION RESOLUTION NO. 3094
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, 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 BIRDIE DRIVE ANNEXATION (FORMERLY REFERRED TO AS THE
PONCELET ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY
DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Greg
Poncelet, owner of Montana Ready Mix; Penny Young; and Kay S. Mortensen, owners of the
tracts, 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 north side of Bridger Drive,
immediately east of the Bridger Drive Annexation, 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 April
17, 1995; and
WHEREAS, Commission Resolution No. 3052 was adopted by the City Commission
on April 17, 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. 3052 was duly noticed
and held on May 15, 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 May 15, 1995, 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. 3052; 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 Greg Poncelet, Penny A. Young and Kay S. Mortensen, record owners
of the tracts; and
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WHEREAS, said contiguous tracts are the subject of plats or Certificates 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 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 3.30 acres of land, to wit:
A tract of land located in the Southeast one-quarter of Section 31, Township
1 south, Range 6 East, Montana Principal Meridian, Gallatin County,
Montana, described as Tract E-2, Certificate of Survey No. 1623, and Tract
D, Film 5, Page 1113, more particularly described as follows:
Commencing at the East one-sixteenth corner of the Southeast one-quarter
of said Section 31 ; thence along the East/West centerline of said Southeast
one-quarter of Section 31, South 87048'37" West, a dista.nceof 1004.88
feet to the northeast corner of said Tract D, said corner being the True Point
of Beginning; thence along the east line of Tract D, South 01026'23" East,
a distance of 31 2.90 feet to a point on the northerly right-of-way of State
Highway 86; thence along said right-of-way, along a curve to the left having
a chord bearing of South 68007'11" West, a chord distance of 500.04 feet,
a radius of 1186.00 feet, along an arc length of 503.82 feet, through a
central angle of 24020'23" to the southwest corner of said Tract E-2;
thence leaving said right-of-way, along the westerly boundary of said Tract
E-2, North 01026'23" West a distance of 164.34 feet; thence North
41013'20" East, a distance of 60.00 feet; thence North 68047'16" East,
a distance of 88.59 feet; thence North 01026'23" West, a distance of
244.59 feet, to a point on said East/West centerline of the Southeast one-
quarter of Section 31; thence along said East/West centerline, North
87048'37" East, a distance of 344.55 feet to the True Point of Beginning.
Section 2
The effective date of this annexation is December 1, 1995.
Section 3
The annexation of the above-described tracts is subject to the terms of the
Agreement dated October 19, 1995, by and between the City of Bozeman and Greg Poncelet,
Penny A. Young and Kay S. Mortensen.
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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 20th day of November 1995.
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APPROVED AS TO FORM:
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AUL J. E
City__~rney
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FILM
170 PAGE 1409-A
,
J\ffiaa&it af ~uhliratian
Bozem.n,
ontena; extend-
Ing
the bound.rle. of laid
City
of Bozeman 80 aa to In-
STATE OF MONT ANA,
} SS.
elude within the corpor.te
limite of the City of Bozemen
County of Gallatin,
tracta of land contlguoua to
a.ld City and referred to..
the Birdie Drive Annexation
Vivie Portnell
, being duly sworn, deposes
(formerly referred to ea the
Poncelet Annexation Re-
and says: That ~ he is
Principal Clerk
of the Bozeman Daily
q.....) end herein more par-
ticularly
cJaacrlbad.
City
of Bozeman
Chronicle, a newspaper of general circulation, printed and published in Bozeman,
State of .Man18h8
County 01 Gallatin
Gallatin County,
Montana; and
that the notice
hereunto annexed I, Robin L. Sullivan, Clerk of
the City Commission of the
City
01 Bozeman, Montana,
( Commission Resolution No.
3094
do hereby certlly that the
foregOing la the true and cor-
)has been rect title ..w
number 01 Com-
mission Reeoll.ltlQn No. .3094
passed
and adQ'Pt~.I~reg-
correctly published in the regular and entire issue of every number of said paper for
ular session thereof held on
the 20th day of November,
]
ecn~lrt~ inseriton , the first of wh'
ublication was made on 1995.
Dated this 21st day of No.
vember,
1995,
the
22nd day of
ROBIN L. SULLIVAN
Clerk of Ih~C~ Com~
the
22nd day of
Subscribed and sworn to before me this
Ot.
d ,O.>>'(t.
27~~~ November 19
95 ~Q~
~_. ..,~
Notary Public for the State of Montana,
flIJ
resid~t Bo~ ~ntana
NOT "Iff .111
Residing II eozeman. ~ 1_
My Commission expIIM JIjy ,
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FILM 170 PAGE 1409-B
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