HomeMy WebLinkAboutResolution 2963 Intent to annex Sourdough Creek, Hannah/Carter Williams
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COMMISSION RESOLUTION NO. 2963
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED, TO
EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from Donald F. Hannah for Sourdough Creek Properties, owner of the
entire tract sought to be annexed herein, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include a certain contiguous tract of land lying
north of Goldenstein Lane, within the boundaries of the City of Bozeman, Montana; and
WHEREAS, the legal description of this contiguous tract, which is generally bounded
by Goldenstein Lane on the south, South Third Avenue on the west, Graf's Fourth Addition
on the north and Gardner Park Subdivision on the east in the County of Gallatin, State of
Montana, is as follows:
A tract of land located in the Northeast one-quarter of Section 25,
Township 2 South, Range 5 East, and the Northwest one-quarter of Section
30, Township 2 South, Range 6 East, Montana Principal Meridian, Gallatin
County, Montana, and more particularly described as follows:
Beginning at the North quarter corner of said Section 30; thence South
00035'54" West, along the North-South quarter line, a distance of
2651.56 feet, to the center of said Section 30; thence North 89009'13"
West, along the East-West quarter line, a distance of 1212.92 feet, to the
southeasterly corner of Amended Minor Subdivision No. 85; the following
7 courses are along the boundary of said Minor Subdivision No. 85; thence
North 14057'13" West, a distance of 239.53 feet; thence North
00049'47" East, a distance of 813.33 feet; thence North 89010'06"
West, a distance of 1012.29 feet; thence South 37041 '29" West; a
distance of 527.02 feet; thence North 65058'14" West, a distance of
24.09 feet; thence South 35058'51" West, a distance of 751.56 feet;
thence South 00035'48" East a distance of 30.20 feet to the East-West
quarter line; thence South 89024'12" West, along the East-West quarter
line a distance of 1214.84 feet to a point on the easterly right-of-way of
South Third Avenue; thence North 27058'38" East, along said easterly
right-of-way, a distance of 705.69 feet; thence along a non-tangent curve
to the left, having a radial bearing of North 66049'26" which is said
easterly right-of-way, having a central angle of 12052'32" and a radius of
1522.39 feet, an arc distance of 342.11 feet; thence North 89049'57"
East, along the boundary of Minor Subdivision No. 35-A, a distance of
643.07 feet; thence North 61045'51" East, along said Minor Subdivision
boundary, a distance of 60.00 feet; thence North 28007' 16" West, along
said minor subdivision boundary, a distance of 250.15 feet; thence North
61052'44" East, along the boundary of Subdivision No. 8-B of Sourdough
Creek Properties, a distance of 248.56 feet; thence North 41 044'32" East,
along the boundaries of Subdivision No. 8-B and 8-C of Sourdough Creek
Properties, a distance of 490.01 feet; thence South 89043'09" East, along
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the southerly boundary of McLeod Park, a distance of 849.84 feet; thence
North 05042'30" West, along said park boundary, a distance of 55.58
feet; thence North 15035'42" West, along said park boundary, a distance
of 566.73 feet to the southerly right-of-way of Sundance Drive; thence
North 00056'44" East, a distance of 60.00 feet, to the northerly right-of-
way of said drive; thence South 89021 '22" East, along the boundary of
Subdivision No.9 of Sourdough Creek Properties, a distance of 278.71
feet; thence North 00007'34" East, along said Subdivision No.9 boundary,
a distance of 318.80 feet, to a point on the East-West Section line; thence
South 89012'55" East, along the East-West Section line; a distance of
1777.73 feet to the True Point of Beginning; and
WHEREAS, this tract contains 147.23 acres of land; 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
January 24, 1994; and
WHEREAS, prior to annexation, an agreement between the City and the owners of
said tract addressing issues that are in the best interests of the City of Bozeman, such as,
but not limited to, rights of way, easements, traffic signals, water rights or cash-in-lieu,
waivers of right to protest creation of SID's, and water and sewer hookup fees, to said
contiguous tracts and other parcels directly affected or impacted by this annexation, shall
be fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants
thereof and of the inhabitants of the contiguous tract hereinbefore described to extend the
boundaries of the City of Bozeman so as to include said contiguous tract hereinbefore
described within the corporate limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services
to the contiguous tract hereinbefore described will be the subject of a mutual agreement
between the City of Bozeman and the freeholders of the tract, that it is in the best interests
of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous
tract that the boundaries of the said City of Bozeman be extended so as to include the
contiguous tract hereinbefore described within the boundaries and corporate limits of the
City of Bozeman, Montana.
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Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be
held in the Commission Room in the Municipal Building of said City on the 4th day of April
1994, at 7:00 p.m., be and the same, is hereby designated as the time and place at which
comments in favor of or opposed to the annexation of the property will be heard by the
Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall:
a. Immediately notify in writing, addressed to the address to which
tax notices are sent, all owners and purchasers under contract for
deed of the property in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle,
the newspaper nearest the parcels of land to be embraced within
the corporate limits and boundaries of the City of Bozeman, at
least once a week for two successive weeks.
Section 4
The notice to be given by the Clerk of the City Commission shall be to the effect
that such resolution has been duly and legally passed, that comments will be received at the
time and place designated in Section 2 above, and that for a period of twenty days after the
first publication of such notice, the Clerk of the City Commission will receive expressions,
in writing, of approval or disapproval of the proposed extension of the boundaries of the City
of Bozeman from freeholders of the territory proposed to be embraced therein.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 7th day of March 1994.
ATTEST: ~~\J~
N VINCENT, Mayor
r2k~
ROBIN L. SULLIVAN
Clerk of the Commission
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of Bozeman held on the 7th day of March 1994, Commission Resolution No. 2963 was duly
and regularly passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF lAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICUlARl Y DESCRIBED, TO
EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
The 147.23 acres of real property proposed for annexation by Donald F. Hannah for
Sourdough Creek Properties, in the County of Gallatin, State of Montana, is as follows:
A tract of land located in the Northeast one-quarter of Section 25,
Township 2 South, Range 5 East, and the Northwest one-quarter of Section
30, Township 2 South, Range 6 East, Montana Principal Meridian, Gallatin
County, Montana, and more particularly described as follows:
Beginning at the North quarter corner of said Section 30; thence South
00035'54" West, along the North-South quarter line, a distance of
2651.56 feet, to the center of said Section 30; thence North 89009'13"
West, along the East-West quarter line, a distance of 1212.92 feet, to the
southeasterly corner of Amended Minor Subdivision No. 85; the following
7 courses are along the boundary of said Minor Subdivision No. 85; thence
North 14057'13" West, a distance of 239.53 feet; thence North
00049'47" East, a distance of 813.33 feet; thence North 89010'06"
West, a distance of 1012.29 feet; thence South 37041'29" West; a
distance of 527.02 feet; thence North 65058'14" West, a distance of
24.09 feet; thence South 35058'51" West, a distance of 751.56 feet;
thence South 00035'48" East a distance of 30.20 feet to the East-West
quarter line; thence South 89024'12" West, along the East-West quarter
line a distance of 1214.84 feet to a point on the easterly right-of-way of
South Third Avenue; thence North 27058'38" East, along said easterly
right-of-way, a distance of 705.69 feet; thence along a non-tangent curve
to the left, having a radial bearing of North 66049'26" which is said
easterly right-of-way, having a central angle of 12052'32" and a radius of
1522.39 feet, an arc distance of 342.11 feet; thence North 89049'57"
East, along the boundary of Minor Subdivision No. 35-A, a distance of
643.07 feet; thence North 61045'51" East, along said Minor Subdivision
boundary, a distance of 60.00 feet; thence North 28007'16" West, along
said minor subdivision boundary, a distance of 250.15 feet; thence North
61052'44" East, along the boundary of Subdivision No. 8-8 of Sourdough
Creek Properties, a distance of 248.56 feet; thence North 41 044'32" East,
along the boundaries of Subdivision No. 8-8 and 8-C of Sourdough Creek
Properties, a distance of 490.01 feet; thence South 89043'09" East, along
the southerly boundary of Mcleod Park, a distance of 849.84 feet; thence
North 05042'30" West, along said park boundary, a distance of 55.58
feet; thence North 15035'42" West, along said park boundary, a distance
of 566.73 feet to the southerly right-of-way of Sundance Drive; thence
North 00056'44" East, a distance of 60.00 feet, to the northerly right-of-
way of said drive; thence South 89021'22" East, along the boundary of
Subdivision No.9 of Sourdough Creek Properties, a distance of 278.71
feet; thence North 00007'34" East, along said Subdivision No.9 boundary,
a distance of 318.80 feet, to a point on the East-West Section line; thence
South 89012'55" East, along the East-West Section line; a distance of
1777.73 feet to the True Point of Beginning.
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For a period of twenty (20) days following the first publication of this Notice, the
Clerk of Commission will receive expressions, in writing, of approval or disapproval of the
proposed extension of the boundaries of the City of Bozeman from the freeholders of the
tract proposed to be annexed.
In addition, a public hearing shall be held on Monday, April 4, 1994, at 7:00 p.m.
in the Commission Room of City Hall, at 411 East Main Street, Bozeman, Montana, for the
purpose of hearing testimony in support of or in oPPosition to the annexation of the above-
described real property.
DATED this 8th day of March 1994.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Friday, March 11, 1994
Friday, March 18, 1994
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 2963
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 147.23 ACRES GENERALLY LOCATED
ALONG THE NORTH SIDE OF GOLDENSTEIN LANE,
ALONG THE EAST SIDE OF SOUTH THIRD AVENUE,
ALONG THE WEST SIDE OF GARDNER PARK SUBDIVISION
AND ALONG THE SOUTH SIDE OF GRAF'S FOURTH ADDITION
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
D d\1 l!ll d F H C\v\ n Ct() does hereby acknowled ge that on the 15"'
day of March, 1994, he received a copy of said Notice and hereby waives any requirement
for personal service of said Notice. And, further, that he presently resides in Gallatin
County, State of Montana.
DATED this I S day of March 1994.
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NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
On the /5-T1I day of March, 1994, before me, a Notary Public for the State of
Montana, personally appeared iJOI-)AW F _ IT"':I A..JIOI4/-f , known to me to be
the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first written above.
!h'U_Q xfLt.I_.L-
Notary Public for the State of Montana
Residing at Bozeman, Montana
My commission e't2~~;f:t:'.' ~ .
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 2963
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 147.23 ACRES GENERALLY LOCATED
ALONG THE NORTH SIDE OF GOLDENSTEIN LANE,
ALONG THE EAST SIDE OF SOUTH THIRD AVENUE,
ALONG THE WEST SIDE OF GARDNER PARK SUBDIVISION
AND ALONG THE SOUTH SIDE OF GRAF'S FOURTH ADDITION
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
herself
JANET CONNOLLY , on behalf of bimselt and Sourdough Creek Properties,
does hereby acknowledge that on the 14tb day of March, 1994.she received a copy of
said Notice and hereby waives any requirement for personal service of said Notice. And,
further, thatd"ie presently resides in Cascadp- County, State of Montana.
DATED this 14th day of March 1994.
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NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF Cascade )
On the 14 th day of March, 1994, before me, a Notary Public for the State of
Montana, personally appeared JANET CONNOLLY , known to me to be
the person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first written above.
-- ~- ~ If ,-I? duLt>u
.~ _ Notary Public for the State of Montana
- Residing at GREAT FA t,t,R . M;ttana
My commission expires: q// '9&
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