HomeMy WebLinkAboutResolution 3417 Annex Bon Ton, 1.37 acres
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COMMISSION RESOLUTION NO. 3417
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION
OF A CERTAIN
CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE
CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION
OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE
SAID CONTIGUOUS TRACT.
WHEREAS, the City of Bozeman received a request for annexation from David C.
Jarrett, on behalf of BonTon of Billings, Inc., owner of the tracts, requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include certain
contiguous tracts of land lying immediately west of Figgins Addition to the City of Bozeman,
along the east boundary of the Allison Annexation 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
June 19, 2000; and
WHEREAS, Commission Resolution No. 3366 was adopted by the City Commission
on June 19, 2000, declaring it to be the intent of the City of Bozeman to extend the
boundaries of said City so as to include said contiguous tracts within the corporate limits of
the City; and
WHEREAS, a public hearing on Commission Resolution No. 3366 was duly noticed
and held on July 17, 2000; and
WHEREAS, no objections to said annexation were made at the public hearing; and
WHEREAS, the City did not receive any written protest from the real property
owners of the area to be annexed; and
WHEREAS, on July 17, 2000, the Commission authorized and directed staff, upon
satisfaction by the applicant of the terms of approval, to prepare the necessary documents
to proceed with the annexation of these tracts in accordance with Commission Resolution
No. 3366; and
WHEREAS, the provision of available services is the subject of a written agreement
between the City and Bon Ton of Billings, Inc., record owner of the tracts; and
WHEREAS, said contiguous parcels are the subject of plats or Certificates of Survey,
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filed in the office of the Gallatin County Clerk and Recorder's Office; and
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WHEREAS, the Bozeman City Commission hereby finds that the annexation-of these
contiguous tracts are in the best interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tracts.
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 1.37 acres of land, to wit:
Two parcels of the abandoned Chicago, Milwaukee, St. Paul and Pacific
Railroad Company's right-of-way located in the Northeast Quarter and
Southeast Quarter of Section 24, Township 2 South, Range 5 East,
Montana Principal Meridian, Gallatin County, Montana, said parcels being
more particularly described as follows:
Parcel A: Commencing at the southeast corner of Minor Subdivision No.
84, as recorded in the Gallatin County Clerk and Recorder's Office, a point
on the centerline of the abandoned Chicago, Milwaukee, St. Paul and
Pacific Railroad Company's right-of-way, being also the true point of
beginning of Parcel A; thence South 00007'34" West, along said
centerline, to the extended north line of Lot 1, Block 7, of a Subdivision
Plat of Figgins Addition (4th Phase), in the Gallatin County Records, a
distance 255.85 feet; thence North 89018'53" East, along said extended
north line to east side of said right-of-way, a distance of 50.01 feet; thence
South 00007'34" West, along the east side of said right-of-way to the
south line of the Southeast Quarter of the Northeast Quarter of said Section
24, a distance of 120.70 feet; thence South 89018'01" West, along the
said south line to the southwest corner of the Southeast Quarter of the
Northeast Quarter of said Section 24, a distance of 9.00 feet; thence South
89048'25" West, along the south line of the Southwest Quarter of the
Northeast Quarter of Section 24, to the east line of said right-of-way a
distance of 16.00 feet; thence South 00007'34" West, along the east side
of said right-of-way to the extended south line of Certificate of Survey No.
793, in the Gallatin County Records, a distance of 247.53 feet; thence
South 89048'25" West, along the extended south line of the said
Certificate of Survey No. 793, to the west side of said right-of-way, a
distance of 50.00 feet; thence North 00007'34" East, along the west side
of said right-of-way to the south line of Minor Subdivision No. 84, a
distance of 623.50 feet; thence North 89017'05" East, along the south
line of Minor Subdivision No. 84, a distance of 25.00 feet to the point of
beginning of Parcel A.
Parcel B: Commencing at the southeast corner of Minor Subdivision No.
84, as recorded in the Gallatin County Clerk and Recorder's Office; thence
North 00007'34" East, along the centerline of the abandoned Chicago,
Milwaukee, St. Paul and Pacific Railroad Company's right-of-way, to the
northeast corner of Allison Minor Subdivision, Phase I, in the Gallatin
County Records, a distance of 960.10 feet, said corner being the true point
of beginning of Parcel B; thence South 89026'58" West, along the north
line of said Allison Minor Subdivision to the west side of said right-of-way,
a distance of 25.00 feet; thence along the west side of said right-of-way
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the following four courses: North 00007'34" East, a distance of 105.31
feet to the beginning of a non-tangent curve to the right having a chord
bearing of North 09026'05" East, a chord distance of 470.1 0 feet, a radius
of 1457.50 feet and a central angle of 18033'40", thence along said curve
an arc distance of 472.16 feet to the end of said curve; thence North
00025'41" East, a distance of 74.32 feet to the beginning of a non-
tangent curve to the right having a chord bearing of North 25055'46" East,
a chord distance of 231.90 feet, a radius of 1482.50 feet and a central
angle of 08058'19", thence along said curve an arc distance of 232.14
feet to the end of said curve; thence North 30030'59" East, to a point on
the south line of the Summit Engineering Tracts as described by deed and
shown on a survey, both being recorded in Book 155, Pages 491 through
493 in the Gallatin County Records, said line also being the south line of
Certificate or Survey No. 1393A, a distance of 54.92 feet; thence North
89004'34" East, along said line to the centerline of said right-of-way, a
distance of 58.60 feet; thence along the centerline of said right-of-way the
following three courses: South 30030'59" West, a distance of 85.40 feet
to the beginning of a non-tangent curve to the left having a chord bearing
of South 15017'05" West, a chord distance of 747.82 feet, a radius of
1432.50 feet and a central angle of 30015'40", thence along said curve
an arc distance of 756.58 feet to the end of said curve; thence South
00007'34" West a distance of 1 05.00 feet to the point of beginning.
Section 2
The effective date of this annexation is December 1, 2000.
Section 3
The annexation of the above-described tract is subject to the terms of the
Agreement dated November 20, 2000, by and between the City of Bozeman and BanTon
of Billings, Inc.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 20th day of November 2000.
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MARCIA B. YOUNGMAN, Mayor
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