HomeMy WebLinkAboutResolution 3077 Annexing Griffin Drive (formerly Merganthaler)
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COMMISSION RESOLUTION NO. 3077
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 A TRACT OF LAND CONTIGUOUS TO SAID CITY AND
REFERRED TO AS THE GRIFFIN DRIVE ANNEXATION (FORMERLY
REFERRED TO AS THE MERGENTHALER ANNEXATION REQUEST) AND
HEREIN MORE PARTICULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Montana Power
Company and Mergenthaler Transfer on behalf of Beyl Family Trust, in care of Keith Beyl, and
Patricia Hash, requesting the City Commission fo extend the boundaries of the City of Bozeman so
as to include a certain contiguous tracts of land located along the north side of Griffin Drive,
immediately east of Manley Road, 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 August
1, 1994; and
WHEREAS, Commission Resolution No. 2993 was adopted by the City Commission on
August 1, 1994, 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. 2993 was duly noticed and
held on September 6, 1994; 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 resident freeholders
of the territory to be annexed; and
WHEREAS, on September 6, 1994, the Commission authorized and directed staff to
prepare the necessary documents to proceed with the annexation of this tract in accordance with
Commission Resolution No. 2993; and
WHEREAS, subsequently, the subject tract owned by the Beyl Family Trust, in care of
Keith Beyl, and Patricia Hash, has been transferred and is now in the ownership of North Montana
Avenue Partnership; and
WHEREAS, said transfer of ownership resulted in a revised legal description for that
portion of the annexation affected by this transfer; and
WHEREAS, the provision for 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 between the City
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and Montana Power Company and North Montana Avenue Partnership, record owners of the tract;
and
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 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 12.333 acres of land, to wit:
Lot 2, Minor Subdivision No. 154, dedicated right-of-way for Griffin Drive,
and Certificate of Survey No. 157 A, located in Section 31, Township 2
South, Range 6 East, Montana Principal Meridian, Gallatin County, Montana.
Section 2
The effective date of this annexation is October 18, 1995.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated August 23, 1995, by and between the City of Bozeman and Montana Power Company and
North Montana Avenue Partnership.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 18th day of September 1995.
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DO E. STUECK, Mayor Pro Tempore
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APPROVED AS TO FORM:
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~ · ANNEXATION MAP nlH 179'ACE2262
BEING A PORTION OF CERTIFICATE OF SURVEY No,157, AND CERTIFICATE OF
SURVEY No. 157A, SITUATED IN THE SW1/4 OF SECTION 31, ns, R6E,
P.M.M., GALLATIN COUNTY, MONTANA
SCALE: 1 H _ 400'
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DESCRIPTION
.. TRACT OF L..ND BEING A PORTION or CERTIFICATE OF SURVEY No.157, AND CERTIFICATE or SURVEY NO.157A, SlTU..TED IN THE SW1/4 or SECTION 31, ns, R6E, P.IUA..
G"LLA TIN COUNTY, "ONT "NA AND BEING FURTHER DESCRIBED ..S FOlLOWS:
BEGINNING AT .. PQlNT wHICH BEARS S BlnO'08. W .. DISTANCE or 1000,03 FEET FRO" THE 51/4 CORNER or S"'D SECTION 31 ..NO WHICH POINT IS ON THE SOUTH LINE
or SAID SECTION 31: THENCE FROM SAID 'I1IUE POIIiIT or BEGINNING ALONG THE SOUTH LINE or S"'O SECTION 31 S 8810'D6. W .. DISTANCE or 52D.01 FEET: THENCE
N 021107" W.. DISTANCE or 657.119 FEET: THENCE N 1III'1!J'2I. E .. DISTANCE or 112.4B FEET: THENCE N 71'25'4B. E .. DIST..NCE OF 174.43 FEET TO .. CORNER
ON THE SOUTH LINE or TR..CT Gl2 or CERTIFICATE or SUlIIlEY N0.1221: THENCE ALONG THE SOUTH LINE or SAID TR"CT Gl2 N 0217'33. W .. DISTANCE or 315.00 FEET
AND N 8810'08" E A DISTANCE or 240.00 FEET TO .. PQlNT ON THE WEST LINE or TR..CT 37 or THE NE ..NNEx..TlON TO THE CITY or BOZE....N: THENCE ALONG SAID LINE
S 0217'33. E .. DISTANCE or 1221.71 FEET TO THE POINT or BEGINNING. SAID TR..CT BEING 12.333 "CRES ..LONG WITH ..NO SUB..E:CT TO ..NY EXISTING E"SEMENTS.
TillS INSTRUMENT WAS FILED FOR RECORD IN TIllS OFFICE ON
()'" C-, ~ fi 4 3. '1 TIlE 5 DA Y OF DECEMBER A D 1 <) 97
L' , tfNTY RECORDER) , ..., .
Y OF GALLATIN ) AT 11:06 AM., AND WAS DULY RECORDED IN BOOK 179
< OF MONTANA )
OF MTSCELLANEOUS RECORDS, PAGE 2260
Pee $ 18.00 ~ <'Van.. RECORDER. BY ~ ~1i'f\.N III \ DEPUTY
RT: CITY OF BOZEMAN ~ ~
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