HomeMy WebLinkAboutResolution 2966 Intent to create SID 659: street improvements for North 19, Baxter to W. Oak
COMMISSION RESOLUTION NO. 2966
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. 659 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 2,690-FOOT
PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST
OAK STREET, IN THE CITY OF BOlEMAN, MONTANA.
WHEREAS, the construction of a 2,690 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, said improvements also are of more than local or ordinary pUblic benefit and
the non-abutting properties of the proposed extended district likewise are especially benefited
by construction of these improvements; 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 104-105 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. 659" 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 2,690-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. 659 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 Paint of
Beginning, thence along the City of Bozeman Road Easement centerline
(recorded at Fm 99 page 127), along an arc 342.95 feet, said arc having a
radius of 600.00 feet, central angle of 32044'59" and a chord bearing
S73052'12"E.
Thence S57029'41"E a distance of 870.12 feet.
Thence leaving said Road Easement centerline, 501 043'32"W a distance of
2105.92 feet, to the South line of the North % of said Section 1.
Thence along said South line, N89010'17"W a distance of 1074.91 feet, to
the West ~ of said Section 1.
Thence along the West line of said Section, N01 043'28"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 1032.50 feet,
central angle of 06020'18", and a chord bearing S86030'22"W.
Thence S83013'20"W a distance of 167.83 feet.
Thence along an arc 1 07.03 feet, said arc having a radius of 967.50 feet,
central angle of 06020' 18", and a chord bearing 586030' 46"W.
Thence S89033'38"W a distance of 452.95 feet.
Thence N01 042'57"E a distance of 2623.29 feet, to the North line of Section
2.
Thence along said North line, N89041 '22"e a distance of 1068.51 feet, to the
Northeast Corner of Section 2 and the True Point of Beginning.
Said tract contains 124.18 acres more or less and is subject to all easements
of record.
Excepting therefrom the North 19th Avenue Right-at-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 589041 '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 S34039'3Z"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 OZ 0 3 7'30" .
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.
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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 501 043'28"W a distance of 753.67 feet to the South line of the North
Y:z of Section 1.
Thence N890 1 0' 17"W a distance of 22.89 feet to the West Y<a 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 3
Character of ImDrovements
The character of improvements to be made is the construction of asphalt concrete 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 complete a 2,690-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 $355,000.00.
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, abutting and non-
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abutting, 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.
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 which its area bears
to the area of the entire district, exclusive of streets, avenues, alleys and public places.
The total actual assessable footage within the entire district is 5,074,740.0 square feet
and is the area on which all protests will be received, considered and determined. It is also the
square footage 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. 659 as authorized by law. Such bonds will be in denominations of Five
Thousand Dollars ($5,000) 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.
659 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. 659. 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
Monday, the 18th day of April 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 duly and
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regularly made within fifteen (15) days after the date of the first publication of the notice of
passage of this resolution of intent and filed with the Clerk of Commission for the City of
Bozeman against the creation of said Special Improvement District No. 659, the improvements
proposed to be made pursuant thereto and the extent and character thereof, or either thereof;
and 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 28th day of March 1994.
ATTEST:
~.tu~
Clerk of the Commission
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COMMISSION RESOLUTION NO. 2966
Intent to create SID No. 659 - 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 2,690-foot portion of North 19th
Avenue between Baxter Road and West Oak Street, in the City of Bozeman, Montana.
SID No. 659
Name and Mailina Address Descriction
Grace E. France & Tract 1-01 A, Tract 1-01 Band
Joann L. Cape Tract 4-01A, Tract 4-01 B, cas 1240-F
4350 Airport Road
Belgrade, Montana 59714
Philip Saccoccia, Jr. Tract 4A, Tract 4B, cas 1215A
991 East Beach
Pass Christian, Mississippi 39571
Richard L. and Carol J. Nelson Tract 1 B, cas 1215A
% Philip Saccoccia, Jr. Tract 1-A2, cas 1215B
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
April 1, 1994, postage prepaid, a copy of the attached Notice in Re to the foregoing owners in
Special Improvement District No. 659.
G?~;/ ~
ROBIN L. SULLIVAN
Clerk of the Commission
Subscribed and sworn to before me this 1 st day of April 1994. ..-
--
q~ -11"t.h. ~~ _-
Notary Public for the State of Montana -
Residing at Bozeman, Montana
My Commission expires: ~ I~ J'19to
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NOTICE IN RE
COMMISSION RESOLUTION NO. 2966 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. 659.
NOTICE IS HEREBY GIVEN that on the 28th day of March 1 994, 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. 2966, 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. 659 FOR
STREET IMPROVEMENTS FOR THE CONSTRUCTION. INSPECTION AND
ENGINEERING CERTIFICATION OF ASPHAL T CEMENT PAVING, GRA VEL
BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND
ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,690-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. 2966 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 Monday, the 18th day of April 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 construction, inspection and engineering certification of asphalt
cement paving, gravel base courses and subgrade preparation, storm drainage, and all necessary
appurtenances to construct a 2,690.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 the last day of the fifteen (15) day period after the date
of first publication of this notice.
A description of the boundaries of the property proposed to be constructed and installed
upon by said Commission Resolution No. 2966 is as follows:
DescriDtion
The boundaries of said Special Improvement District No. 659 are described as follows:
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
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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 City of Bozeman Road Easement centerline
(recorded at Fm 99 page 127), along an arc 342.95 feet, said arc having a
radius of 600.00 feet, central angle of 32044'59" and a chord bearing
S73052'12"E. Thence S57029'41"E a distance of 870.12 feet.
Thence leaving said Road Easement centerline, 501 043'32"W a distance of
2105.92 feet, to the South line of the North % of said Section 1. Thence
along said South line, N890 1 0' 17"W a distance of 1 074.91 feet, to the West
% of said Section 1. Thence along the West line of said Section,
N01 043'28"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
5830 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 452.95 feet. Thence N01 042'57"E a distance
of 2623.29 feet, to the North line of Section 2.
Thence along said North line, N89041 '22"E a distance of 1 068.51 feet, to the
Northeast Corner of Section 2 and the True Point of Beginning.
Said tract contains 1 24.18 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 589041 '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 31 008' 11" ,
and a chord bearing S16028'31"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
% 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:
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 31 002'43", and a chord
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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 construction, inspection and engineering certification of asphalt cement
paving, gravel base courses and subgrade preparation, storm drainage and all necessary
appurtenances to complete a 2,690~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 $355,000.00.
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, abutting and non-
abutting, 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.
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 which its area bears
to the area of the entire district, exclusive of streets, avenues, alleys and public places.
The total actual assessable footage within the entire district is 5,074,740.0 square feet
and is the area on which all protests will be received, considered and determined. It is also the
square footage on which all assessments will be figured.
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Section 4
This notice is given pursuant to the provisions of Section 7-12-4106, 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 29th day of March 1994.
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: April 1, 3, 4, 5, and 6, 1994
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