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Home My WebLink AboutResolutions 3649 - Resolution Title Unknown r ,/ IIIIIII II 2139302 PLATi 9 - IIIII IIIII IIIII IIIII IIIIIII III IIIII IIII I 0Page: I of 3 2/02/2004 10:00A III Shelley Vanpe-Gallatin Cc MT MYSC 18.00 COMMISSION RESOLUTI 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 Charles W. Hinesley on behalf of Hinesley Family Limited Partnership, and Sidney Dykstra and Ethel M. Dykstra, owners of the tract 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 along the south side of the extension of West Oak Street and the north side of Durston Road, approximately 1300 feet west of its intersection with Cottonwood Road 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 October 8, 2001; and WHEREAS,Commission Resolution No.3485 was adopted bythe City Commission on October 8, 2001, 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.3485 was duly noticed and opened on November 13, 2001; and WHEREAS,the City received public testimony and written testimony expressing concern with future development of said annexation request and potential impacts with traffic,municipal infrastructure, land use patterns, and natural environment; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on November 13, 2001, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with Commission Resolution No. 3485; and WHEREAS, the provision of available services, including, but not limited to, 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 tract as described is the subject of a written agreement between the City and Charles W. Hinesley, representing Hinesley Family Limited Partnership, and Sidney Dykstra and Ethlel M. Dykstra, record owners of said 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,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 thereof and of the inhabitants of the contiguous tract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: - III 2139302 Pass:2/2004 10:00a Shelley Vance-Gallatin Cc MT MYSC 10.00 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 159.7130 acres of land, to wit: Lots 1, 2 and 3, Minor Subdivision No. 201, and all of Durston Road as dedicated in said Minor Subdivision No. 201, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and also being the East Half of the Southwest Quarter, and the West Half of the Southeast Quarter of Section 4, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, and more particularly described as follows: Beginning at the south quarter corner of said Section 4; thence westerly 268°14'44", assumed azimuth from north, 1337.41 feet along the south line of the Southwest Quarter of said Section 4;thence northerly 000°45'33"azimuth 2634.08 feet along the west line of the East Half of the Southwest Quarter of said Section 4; thence easterly 089'18'14" azimuth 2657.21 feet along the north line of the Southwest Quarter and the north line of the Southeast Quarter of said Section 4;thence southerly 180°43'38" azimuth 2620.38 feet along the east line of the West Half of the Southeast Quarter of said Section 4; thence westerly 269°46'58" azimuth 1321.88 feet along the south line of the Southeast Quarter of said Section 4 to the point of beginning. Said Tract of land being 6,957,100 square feet or 159.7130 acres more or less along with and subject to any and all existing easements. Section 2 The effective date of this annexation is February 1, 2004. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated September 30, 2003, by and between the City of Bozeman and Charles W. Hinesley, representing Hinesley Family Limited Partnership, and Sidney Dykstra and Ethel M. Dykstra. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of January 2 r. ... AN DREW L. CETRARO, Mayor ATTEST: '(; ROSINL: S 1V Clete of=tI CQM - APPROVED TO ORM: P7 LK 1. L City Attor -2 - NIN.:SEC7IGW I NEA SECTION a �]'� VESrA FERN NELSON VESTA FERN NELSON e i■ � NWYcarrrEa+vEanmERs�v N89''.8'14"E] r C�.Su�L esr�l p @e4RIE C&"MR LIFE ESTATE`) ZONEDAS ZONEDAS 0891514" (M) 2657.21 I PROPERTY ARY L 4CR €�-1332.31-----set 2" Alum. Cap] i — _ F 2 ----- r------6&2-4ii ----- 1 ' 00..00 14 S 2.5' Public Rood and Utility Easement 30'---i 35� ff-10' 60 Public Road and Utility Easement Q) REAMMAnER 77 5SE?: KNd 4 ® 1 ` , L.3 on SECT ON H.AIFTCALF �� II w ZONED AS ai } —a s i f oo in 0 I LOT 1 LOT 3 _ I � 3,437,142 Sq Ft v �N, �l f 1,701,870 Sq Ft 78.9059 Acres 3, { �� i 3 3 39,0696 Acres 3 ro 'D `D 00 1 f:N i< cc N ---- —'_— _-_ O t>rlN1 1N �_----.---- �\ 4Ln N CD LnC14 N f7 '`i LOT 2e � I ] 00 1,698,212 5q Ft LEGALDESCRIPTION38.9856 Acres ` or - s 3,MINOR SWINIS10N NO.201,occorddng to the plot Nreof,on foe and of record in l's the Oak and Retarder,Gallatin Caurdy,Mantona,and all of Wrsios Rood as dedicated Sutadirision No.201.and all located in the East Hpff of the Southwest Quvrter arld 0,uT Qi, f f f f 0. of the Southeast Quorter of Section 4,township 2 South,Range 5 East of P.Y.M., p=Os to y,Montano.and no a pa t coin h described as follows. CA = r LO Nl] rf of the South Qnarta corner of sold Section 4; m eoi l 1I�+ sWy 26F 14'4C.ossumed olimuth from north, 1337.41 feet along the south line M the ^l i E Quarter of said Seotiun 4; m f i c / 4) l n rtheriy oOO.45'31`azimuth 2633.98 fact along the west line of sold East Hoff of the Southwest Quarter, a !f p TRACT-Y•Co-S f135 j FC steely O89' W 14'azimuth 2557.21 fact along the rmrttt rem of the Southwest Quarter and LLJ N7LLlAMB P f / 18A0. = line of the Southeast Qw zrter of said Section-4; f / / .�. LW ASH.M�TG4LF — utherly 1W 43'38'ozimuth 2620.28 lest along the cost line of said Wst half of the Southeast Ouorter; sterty 26F 46' 55'azmuth 1321.88 feet along the south Gne of#m Southeast Quarto* ` 1 action 4 to the point of Eegi 6ng. r D E i,845 square feet.159.7072 we or 846,312.0 sgoore meters.Subject to existing easements. cO.l 1 i k 45.00 1 45.01 N.. 20' Utility Easement (Typ,) i i t f a m W ---------- --- ----- 196- ---- ------ --= ' ————_ —_ _ -- 1337.41 ---Durs 0n Road 269-416858" ( 45' Dedicated Public Road a N 268'14'44" (M) fSd9 2643.75 5$8'14'44"Wj 2 69'46'58" S 1/4..Cor. Sec. 4, T. Z S., R. 5 E. TRACT'a,ca.s ass [S89°46'58"W] 4r.29AC. POINT ,OF BEGINNING ADAM SROWEN,yyE,y RAL PAW SfiP RAACHCORP. MACTZ44 C.O.S.9005C 7R4CT34 ZONED R-2 23.60AG I. C.O.S fGO&C B AWWT LEATHER RANCH.M 57.7OAC. ZONED R-2 ztxveo r-x.r #03060(A)