HomeMy WebLinkAboutResolution 2921 Annexing Oak/North 5th, 14.2 acres - Westlake/Martinen, WalMart
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COMMISSION RESOLUTION NO. 2921 FIL~ 133 PMf40Z7
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 OAK/NORTH 5TH ANNEXATION AND HEREIN
MORE PARTICULARL Y DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Wal-Mart
Stores, Inc., on behalf of George E. Westlake and Kay Martinen, owners of the entire tract,
requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include this contiguous tract of land within the boundaries of the City of Bozeman; 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
November 30, 1992; and
WHEREAS, Commission Resolution No. 2899 was adopted by the City Commission
on December 21, 1992, 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. 2899 was duly noticed
and held on January 19, 1993; and
WHEREAS, the City did not receive any written protest from the resident
freeholders of the territory to be annexed; and
WHEREAS, on January 19, 1993, the Commission authorized and directed staff to
prepare the necessary documents to annex this tract; and
WHEREAS, the provision for services including, but not limited to, rights of way,
easements, water rights or cash in lieu, w!3ivers 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 and George E. Westlake and Kay Martinen, record owners of the tract; and
WHEREAS, said contiguous tract is the subject of a plat or Certificate of Survey,
filed in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants
thereof and of the inhabitants of the contiguous tract hereinafter described to extend the
boundaries of the City of Bozeman so as to include said contiguous tract hereinafter
described within the corporate limits of said City of Bozeman.
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. ' fiLM 133 rACE 4028
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 property, to wit:
A tract of land located within the Northeast one-quarter of Section 1,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana, and being further described as follows:
Beginning at a point which is N 47043'55" W a distance of 69.65 feet from
the east % corner of said Section 1, said point also being the northerly right-
of-way line of West Oak Street; thence from said true point of beginning
along said right-of-way line N 87058'40" Wa distance of 470.01 feet to the
SE corner of the tract of land annexed to the City of Bozeman under
Commission Resolution No. 2860; thence along the easterly and a portion of
the northerly line of said annexation N 01016'30" E a distance of 523.00
feet to the NE corner of said annexation; thence along the northerly line of
said tract N 88043'30" W a distance of 223.71 feet to a point of the east
line of Westlake's 3rd Addition; thence along said line N 00056'43" E a
distance of 562.55 feet to the NE corner of said tract, said point also being
the southerly right-of-way line of Interstate 90; thence along said right-of-
way line N 87000'01" E a distance of 231.18 feet and S 72016'02" E a
distance of 486.31 feet; thence S 01016'30" W a distance of 971.12 feet
to the point of beginning. Said tract being 14.147 ares along with and
subject to any existing easements. ~"
Section 2 ;J
The annexation of the above-described tract is subject to the terms of the
Agreement dated May 5, 1993, by and between the City of Bozeman and George E.
Westlake and Kay Martinen.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 21st day of June, 1993, and effective thirty (30)
days thereafter.
.' ,~' APP~D AS,,.:rO FORM: .
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m~ 133 fACf4029
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NNEXA TIO GINEEftlNG
CITY EN
A d In tho JUNE. 1993
t of land IOC.~" 25 R. ~E.
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