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HomeMy WebLinkAboutResolution 2982 Intent to create SID 662, street improvements to N. 19, Baxter and W. Oak .- ~'..W COMMISSION RESOLUTION NO. 2982 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 662 FOR STREET IMPROVEMENTS FOR THE ENGINEERING, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICA TION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,691-FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, the construction of a 2,691~foot asphalt cement portion of North 19th Avenue between Baxter Road and West Oak Street, along with storm drainage, would benefit the abutting properties; and WHEREAS, a majority of the property owners affected by this special improvement district have signed waivers of right to protest creation of said special improvement district; and WHEREAS, said waivers of right to protest are filed with the Office of the Gallatin County Clerk and Recorder at Fm 98 pages 1 04~ 105 and Fm 99 pages 133-134; and WHEREAS, the City Commission has determined that the public interest and convenience requires the creation of the special improvement district as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Declaration of Intention That it is hereby declared to be the intention of the City of Bozeman to create a special improvement district known and designated as "Special Improvement District No. 662" of the City of Bozeman for street improvements for the construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage, and all necessary appurtenances to construct a 2,691 ~foot portion of North 19th Avenue between Baxter Road and West Oak Street, in the City of Bozeman. Section 2 Boundaries The boundaries for Special Improvement District No. 662 are described as follows, and as shown on the map attached hereto as Exhibit "A": A tract of land located in the East % of Section 2, and the West % of Section 1, Township 2 South, Range 5 East, P.M.M., County of Gallatin, State of - Montana, based on data for the North 19th Avenue Interchange and more particularly described as follows: Commencing at the NW Corner of said Section 1 and the True Point of Beginning, thence along the West line of said Section 1, S01044'27"W a distance of 1322.53 feet to the North 1/16 of said Sections 1 and 2. Thence S890 1 0' 16"E a distance of 729.26 feet. Thence S01 042'57"W a distance of 1329.64 feet, to the South line of the North % of said Section 1. Thence along said South line, N890 1 O'17"W a distance of 728.48 feet, to the West ~ of said Section 1. Thence along the West line of said Section 1, N01042'57"E a distance of 63.12 feet. Thence leaving said Section line, S89033'38"W a distance of 236.25 feet. Thence along an arc 114.22 feet, said arc having a radius of 1 032.50 feet, central angle of 06020'18", and a chord bearing S86030'22"W. Thence S830 13'20"W a distance of 167.83 feet. Thence along an arc 107.03 feet, said arc having a radius of 967.50 feet, central angle of 06020'18", and a chord bearing S86030'46"W. Thence S89033'38"W a distance of 816.78 feet. Thence N11 055'20"W a distance of 95.49 feet. Thence N09050'28"E a distance of 147.93 feet. Thence N30003'54"E a distance of 284.62 feet. Thence N41 0 18'56"E a distance of 1 00.00 feet. Thence N58022'30"W a distance of 596.16 feet. Thence along an arc 385.41 feet, said arc having a radius of 380.00 feet, central angle of 58006'42", and a chord bearing N29019'09"W. Thence NOOo 15'48"W a distance of 1 00.00 feet. Thence N89044'12"E a distance of 877.33 feet. Thence N01 o42'57"E a distance of 1326.19 feet, to the North line of said Section 2. Thence along said North line, N89041'22"E a distance of 1 068.51 feet, to the Northeast Corner of said Section 2 and the True Point of Beginning. Said tract contains 101.81 acres more or less and is subject to all easements of record. Excepting therefrom the North 19th Avenue Right.of-Way located in the East % of Section 2, and the West % of Section 1, Township 2 South, Range 5 East, P.M.M., County of Gallatin, State of Montana, and being more particularly described as follows: Commencing at the Northeast Corner of said Section 2, Thence S89041'22"W along the North line of said Section a distance of 770.27 feet to the East line of said Right.of-Way and the True Point of Beginning. Thence along said East Right-of-Way through the following course: Thence along an arc 499.51 feet, said arc having a radius of 1849.86 feet, central angle of 15028'17", and a chord bearing S24037'5S"E. Thence along a spiral to the Southeast a distance of 147.80 feet, said spiral's centerline has a tangent of 677.33 feet, and a spiral angle of 02015'00". Thence S34039'32"E a distance of 196.98 feet. Thence along a spiral to the Southeast a distance of 152.75 feet, said spiral's centerline has a tangent of 613.19 feet, and spiral angle of 02037'30". Thence along an arc 922.22 feet, said arc having a radius of 1697.02 feet, central angle of 31008'11", and a chord bearing S16028'31"E. - 2 . Thence along a spiral to the South a distance of 152.75 feet, said spiral's centerline has a tangent of 613.19 feet, and a spiral angle of 02037'30". Thence SOl 043'28"W a distance of 753.67 feet to the South line of the North Y2 of Section 1. Thence N890 1 0' 17"W a distance of 22.89 feet to the West ~ of said Section 1. Thence along the West line of said Section 1, N01043'28E" a distance of 63.12 feet. Thence leaving said West line through the following course: S89033'38"W a distance of 97.82 feet. Thence along the West Right-of-Way through the following course: NOl 043'28"E a distance of 698.36 feet. Thence along a spiral to the North a distance of 147.25 feet, said spiral's centerline having a tangent of 613.19 feet, and spiral angle of 02037'30". Thence along an arc 854.49 feet, said arc having a radius of 1577.02 feet, central angle of 31002'43", and a chord bearing N16026'38"W. Thence along a spiral to the Northwest a distance of 147.25 feet, said spiral's centerline having a tangent of 613.19 feet and spiral angle of 02037'30". Thence N34039'35"W a distance of 195.62 feet. Thence along a spiral to the Northwest a distance of 152.20 feet, said spiral's centerline having a tangent of 677.33 feet, and spiral angle of 02015'00". Thence along an arc 570.39 feet, said arc having a radius of 1969.86 feet, central angle of 16035'26" I and chord bearing N"24009'07"W to the North Line of said Section 2. Thence along said North Section Line, N89041 '22"E a distance of 124.91 feet to the True Point of Beginning. Said excepted Parcel contains 7 .68 acres more or less and is subject to all easements of record. Section 3 Character of Improvements The character of improvements to be made is the construction of asphalt concrete street improvements for the engineering, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage and all necessary appurtenances to complete a 2,691-foot portion of North 19th Avenue between Baxter Road and West Oak Street, in the City of Bozeman. Section 4 Estimate of Cost The total estimated cost of the improvements to the property owners within the District, including construction engineering, contingency, special improvement district revolving fund, City administrative charges and incidental expenses, is $295,900.00. Section 5 Findina of Benefit and Method of Assessment That the City Commission of the City of Bozeman hereby finds, determines, and declares that each of the lots, blocks, tracts, pieces and parcels of land, situated within the - 3 - ~--,_. boundaries of the district, will be especially benefited and affected by such improvement, and the property included within the district is hereby declared to be the property to be assessed for the cost and expense of making said improvements. The cost is to be assessed against the entire district. Each lot, block, tract or parcel of land within the district will be assessed for that portion of the whole cost in proportion to the lineal feet abutting or bordering said street improvements. The total actual assessable lineal feet of frontage within the entire district is 5,590.07 lineal feet and is the lineal feet of frontage on which all assessments will be figured. Section 6 Payments The payments for said improvements shall be made in thirty~eight (38) semi-annual installments extended over a period of nineteen (19) years; however, this shall not be construed to prevent payment in full at any regular payment date by any property owner who desires to do so. It is proposed to pay the entire cost and expense of the engineering, construction and installation of said improvements with cash to be obtained from the sale of bonds of said Special Improvement District No. 662 as authorized by law. Such bonds will be in denominations of Five Thousand Dollars ($5,0001 each, and fractions or multiples of $5,000 where necessary, to be issued and chargeable against a fund known and designated as Special Improvement District No. 662 Fund of the City of Bozeman. The bonds will be redeemable at the option of the City, singly or in multiples, and in the order of their registration, from whatever funds are available for the purpose of said Special Improvement District No. 662. Said bonds shall draw a simple interest from the date of their registration until called for payment, which interest shall be chargeable as part of the cost of construction and installation of said improvements. The bonds will be issued and sold in accordance with the provisions of Section 7-12~4201 and Section 7-12-4223, M.C.A., and all other applicable provisions of Title 7, M.C.A" relating to special improvement districts for cities and towns, and any amendments thereof. Section 7 Protests and Notices That the regular session of the City Commission of the City of Bozeman, to be held in the Commission Room, Municipal Building, 411 East Main Street, Bozeman, Montana, on Tuesday, the 5th day of July 1994, at the hour of 7:00 p.m. of said day, is the time and place when and where the City Commission will hear and pass upon all written protests, if any, duly - 4 - NOTICE IN RE COMMISSION RESOLUTION NO. 2982 OF THE CITY OF BOZEMAN. MONT ANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. MONT ANA. TO CREATE A SPECIAL IMPROVEMENT DISTRICT NO. 662. NOTICE IS HEREBY GIVEN that on the 13th day of June 1994. at a regular meeting of the City Commission of the City of Bozeman. Montana. said Commission duly and regularly passed and adopted Commission Resolution No. 2982. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 662 FOR STREET IMPROVEMENTS FOR THE ENGINEERING. CONSTRUCTION. INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PA VING. GRAVEL BASE COURSES AND SUBGRADE PREPARATION. STORM DRAINAGE. AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2.691-FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST OAK STREET. IN THE CITY OF BOZEMAN. MONTANA. A copy of said Commission Resolution No. 2982 is on file in the office of the Clerk of the City Commission at 411 East Main Street. Bozeman. Montana. which sets forth the description of the boundaries. NOTICE IS HEREBY FURTHER GIVEN that Tuesday. the 5th day of July 1994. at 7:00 p.m. at the Commission Room, Municipal Building, 411 East Main Street, Bozeman. Montana. is designated as the time and place set for hearing and passing on all protests made to the action proposed to accomplish the engineering, construction. inspection and engineering certification of asphalt cement paving. gravel base courses and subgrade preparation, storm drainage. and all necessary appurtenances to construct a 2,691-foot portion of North 19th Avenue between Baxter Road and West Oak Street, in the City of Bozeman, Montana. Protest against proposed work and/or against extent or creation of said District by any owner of property liable to be assessed for said work must be made in writing. identifying the property owned within the district. be signed by all owners of said property and filed with the Clerk of the City Commission of the City of Bozeman not later than 5:00 p.m. on June 30. 1994. A description of the boundaries of the property proposed to be constructed and installed upon by said Commission Resolution No. 2982 is as follows: DescriDtion The boundaries of said Special Improvement District 662 are described as follows: A tract of land located in the East Y2 of Section 2, and the West Y2 of Section 1, Township 2 South, Range 5 East, P.M.M., County of Gallatin, State of Montana, based on data for the North 19th Avenue Interchange and more particularly described as follows: Commencing at the NW Corner of said Section 1 and the True Point of Beginning, thence along the West line of said Section 1, S01044'27"W a distance of 1322.53 feet to the North 1 /16 of said Sections 1 and 2. Thence S890 1 O'16"E a distance of 729.26 feet. Thence S01 042'57"W a distance of 1329.64 feet, to the South line of the North Y:z of said Section 1. Thence along said South line, N890 1 O'17"W a distance of 728.48 feet, to the West ~ of said Section 1. Thence along the West line of said Section 1, N01042'57"E a distance of 63.12 feet. Thence leaving said Section line, S89033'38"W a distance of 236.25 feet. Thence along an arc 114.22 feet, said arc having a radius of 1 032.50 feet, central angle of 06020'18", and a chord bearing S86030'22"W. Thence S830 13'20"W a distance of 167.83 feet. Thence along an arc 107.03 feet, said arc having a radius of 967.50 feet, central angle of 06020'18", and a chord bearing S86030'46"W. Thence S89033'38"W a distance of 816.78 feet. Thence N11 055'20"W a distance of 95.49 feet. Thence N09050'28"E a distance of 147.93 feet. Thence N30003'54"E a distance of 284.62 feet. Thence N41 0 18'56"E a distance of 1 00.00 feet. Thence N58 0 22'30"W a distance of 596.16 feet. Thence along an arc 385.41 feet, said arc having a radius of 380.00 feet, central angle of 58006'42", and a chord bearing N29019'09"W. Thence NOo015'48"W a distance of 100.00 feet. Thence N89044'12"E a distance of 877.33 feet. Thence N01 042'57"E a distance of 1326.19 feet, to the North line of said Section 2. Thence along said North line, N89041'22"E a distance of 1 068.51 feet, to the Northeast Corner of said Section 2 and the True Point of Beginning. Said tract contains 1 01.81 acres more or less and is subject to all easements of record. Excepting therefrom the North 19th Avenue Right-of-Way located in the East Y:z of Section 2, and the West Y:z of Section 1, Township 2 South, Range 5 East, P.M.M., County of Gallatin, State of Montana, and being more particularly described as follows: Commencing at the Northeast Corner of said Section 2, Thence S89041'22"W along the North line of said Section a distance of 770.27 feet to the East line of said Right-of-Way and the True Point of Beginning. Thence along said East Right-of-Way through the following course: Thence along an arc 499.51 feet, said arc having a radius of 1849.86 feet, central angle of 15028'17", and a chord bearing S24037'58"E. Thence along a spiral to the Southeast a distance of 147.80 feet, said spiral's centerline has a tangent of 677.33 feet, and a spiral angle of 02015'00". Thence S34039'32"E a distance of 196.98 feet. Thence along a spiral to the Southeast a distance of 152.75 feet, said spiral's centerline has a tangent of 613.19 feet, and spiral angle of 02037'30". Thence along an arc 922.22 feet, said arc having a radius of 1697.02 feet, central angle of 31008'11", and a chord bearing S 16028'31" E. Thence along a spiral to the South a distance of 152.75 feet, said spiral's centerline has a tangent of 613.19 feet, and a spiral angle of 02037'30". Thence S01 043'28"W a distance of 753.67 feet to the South line of the North Y:z of Section 1. - 2 - .. ... .-. ---.- .-- - ------ Thence N890 1 0' 17"W a distance of 22.89 feet to the West Y<i of said Section 1. Thence along the West line of said Section 1, N01043'28E" a distance of 63.12 feet. Thence leaving said West line through the following course: S89033'38"W a distance of 97.82 feet. Thence along the West Right.of.Way through the following course: N01 043'28"E a distance of 698.36 feet. Thence along a spiral to the North a distance of 147.25 feet, said spiral's centerline having a tangent of 613.19 feet, and spiral angle of 02037'30". Thence along an arc 854.49 feet, said arc having a radius of 1577.02 feet, central angle of 31002'43", and a chord bearing N16026'38"W. Thence along a spiral to the Northwest a distance of 147.25 feet, said spiral's centerline having a tangent of 613.19 feet and spiral angle of 02037'30". Thence N34039'35"W a distance of 195.62 feet. Thence along a spiral to the Northwest a distance of 152.20 feet, said spiral's centerline having a tangent of 677.33 feet, and spiral angle of 02015'00". Thence along an arc 570.39 feet, said arc having a radius of 1969.86 feet, central angle of 16035'26", and chord bearing N"24009'07"W to the North Line of said Section 2. Thence along said North Section Line, N89041 '22"E a distance of 124.91 feet to the True Point of Beginning. Said excepted Parcel contains 7.68 acres more or less and is subject to all easements of record. Section 1 Character of ImDrovements The character of improvements to be made is the construction of asphalt concrete street improvements for the engineering, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage and all necessary appurtenances to complete a 2,691-foot portion of North 19th Avenue between Baxter Road and West Oak Street, in the City of Bozeman. Section 2 Estimate of Cost The total estimated cost of the improvements to the property owners within the District, including construction engineering, contingency, special improvement district revolving fund, City administrative charges and incidental expenses, is $295,900.00. Section 3 Findina of Benefit and Method of Assessment That the City Commission of the City of Bozeman hereby finds, determines, and declares that each of the lots, blocks, tracts, pieces and parcels of land, situated within the boundaries of the district, will be especially benefited and affected by such improvement, and the property included within the district is hereby declared to be the property to be assessed for the cost and expense of making said improvements. - 3 . ---. -.-.-.- .._n __..__..._.. ..n.. --~.."'._-- The cost is to be assessed against the entire district. Each lot, block, tract or parcel of land within the district will be assessed for that portion of the whole cost in proportion to the lineal feet abutting or bordering said street improvements. The total actual assessable lineal feet of frontage within the entire district is 5,590.07 lineal feet and is the lineal feet of frontage on which all protests will be received, considered and determined. It is also the lineal feet of frontage on which all assessments will be figured. Section 4 This notice is given pursuant to the provisions of Section 7-12A 106, M.C.A., and all other applicable provisions of Title 7, M.C.A., relating to special improvement districts for cities and towns, and any amendments thereof or thereto. DATED this 14th day of June 1994. ~ J~ oZ. ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: June 15,16,17,19, and 20,1994 - 4 - .--- .. .~ ... ---- COMMISSION RESOLUTION NO. 2982 Intent to create SID No. 662 . Street improvements for the engineering, construction, inspection and engineering certification of asphalt cement paving, gravel base courses and subgrade preparation, storm drainage, and all necessary appurtenances to construct a 2,691.foot portion of North 19th Avenue between Baxter Road and West Oak Street, in the City of Bozeman, Montana. SID No. 662 Name and Mailina Address DescriDtion Grace E. France & Tract 1.01A, Tract 1.01B and Joann L. Cape Tract 4-01 A, Tract 4.01 B, COS 1240.F 4350 Airport Road Belgrade, Montana 59714 Philip Saccoccia, Jr. Tract 4A, COS 1 21 5A 991 East Beach Pass Christian, Mississippi 39571 This is to certify that I did personally mail at the Post Office of the City of Bozeman, on June 15, 1994, postage prepaid, a copy of the attached Notice in Re to the foregoing owners in Special Improvement District No. 662. (?~ ;/~ ROBIN L. SULLIVAN Clerk of the Commission Subscribed and sworn to before me this 15th day of June 1994. -," qJ~rP"~/{~~ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission expires: ~ II J "ICf'7./,p and regularly made, and filed with the Clerk of the Commission for the City of Bozeman not later than 5:00 P.M. on the 30th day of June 1994, against the creation of said Special Improvement District No. 662, the improvements proposed to be made pursuant thereto and the extent and character thereof, or either thereof. The Clerk of the City Commission is hereby directed to give notice in the manner and for the time as by law required, of the adoption of this resolution of intention. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of June 1994. , ATTEST: ~c:I d/~-/ ROBIN L. SULLIVAN Clerk of the Commission - 5 -