HomeMy WebLinkAboutResolutions 5401 - Resolution Title Unknown DocuSign Envelope ID:5ECDO84C-5054-48F4-Al2A-42619B998OB5
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Eric Semerad - Gallatin County, MT MISc
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RESOLUTION 5401
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS 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 TRACTS,KNOWN AS
THE BENNETT PROPERTIES ANNEXATION,APPLICATION 22380.
WHEREAS, the City of Bozeman received a petition for annexation from Marshall and
Julie Bennett requesting the City Commission to extend the boundaries of the City of Bozeman so
as to include an area of land containing approximately 36.980 acres, generally located on the
southeast corner of Stucky road and South 27th Avenue; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on April 4,
2023;and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
April 4,2023; and
WHEREAS,the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on October 24, 2023, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
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WHEREAS, the provision of available services, including, but not limited to, streets,
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman,Montana,to wit:
Section 1
That it is hereby declared that,pursuant to Title 7,Chapter 2,Part 46,Mont. Codes Ann.,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 approximately 36.980 acres,to wit:
Legal Description
An area of land comprised described as follows:
An area of land being Tract 1 of C.O.S. 2632, Tract 2 of C.O.S. 2725 Tract 3 of
C.O.S. 2532, located in Section 23, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County and being further described as follows:
Beginning at the One-Quarter Corner between Section 14 and Section 23, being a
nail in
Stucky Rd; thence S 88°26'22" E, a distance of 32.86 feet, to a calculated position;
thence S 88°14'14" E, a distance of 521.59 feet, to a calculated position;
thence S 01°27'33" W, a distance of 1341.91 feet, to a Gaston YPC;
thence S 00°33'35" E, a distance of 1204.27 feet, to a 5/8" rebar;
thence S 26°05'50" W, a distance of 78.12 feet, to a 6" Dia. Fence Post;
thence S 04°33'47" W, a distance of 23.20 feet, to an Allied Alum. Cap;
thence N 88°54'58" W, a distance of 563.01 feet, to an Allied Alum. Cap;
thence N 01°27'30" E, a distance of 280.46 feet,to an Allen Alum. Cap;
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thence N 01°27'30" E, a distance of 415.87 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an are length of 173.39 feet,
a radius of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56"
W, and a chord length of 170.98 feet,to a 2" Dia. Alpine Alum Cap;
thence N 31°39'21" W, a distance of 101.25 feet,to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the east with an arc length of 173.39 feet, a radius
of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and a
chord length of 170.98 feet, to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30"E, a distance of 189.86 feet, to a 2" Dia.Alpine Alum Cap;
thence N 01°27'30" E, a distance of 169.67 feet,to a 2" Dia.Alpine Alum Cap;
thence along a curve concave to the east with an are length of 173.39 feet, a radius
of 300.00 feet, a delta angle of 33°06'51", a chord bearing of 18°00'55" E, and a
chord length of 170.98 feet,to a 2" Dia.Alpine Alum Cap;
thence N 34°34'21" E, a distance of 101.25 feet, to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an are length of 74.00 feet, a radius of
300.00 feet,a delta angle of 14°07'58",a chord bearing of 2730'22" E,and a chord
length of 73.81 feet, to a 2" Dia. Alpine Alum Cap;
thence along a curve concave to the west with an arc length of 99.39 feet,
a radius of 300.00 feet,a delta angle of 18°58'53", a chord bearing of 10'56'57"E,
and a chord length of 98.93 feet,to a 2" Dia. Alpine Alum Cap;
thence N 01°27'30" E, a distance of 765.08 feet, the Point of Beginning.
Said area being 36.980 acres more or less, along with and subject to all easements of
record or apparent from a visual inspection of the property.
All as depicted on the BENNETT PROPERTIES Annexation Map.
Section 2
The effective date of this annexation is October 24, 2023.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 24th day of October, 2023.
DocuSignad by:
CYNTHIA L. ANDRUS
Mayor
ATTEST: DS
�eoze-_
OocuSignod by:
xis Alex wb
jyxgg Deputy City Clerk
J 'L°tip APPROVED AS TO FORM:
EDocuftned by:
s
GREG SULLIVAN
City Attorney
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From MCA 1-5-610(7) For certifying a copy of an electronic record:
State of Montana
County of Gallatin
I certify that the foregoing and annexed record entitled Resolution 5401, dated October 24,
2023 and consisting of 4 pages is a true and correct copy of an electronic record printed directly
from the electronic file by me on
NUN" JULIE HUNTER
rFq Notary Public r
NOTAgrq�. =for the State of Montana
* SEAL *' Residing at:
�;.. e� Bozeman, Montana
'.,9j�. ..0 My Commission Expires:
O.^'\ June 11,2025 1 gnature of notarial officer)
(Official stamp)