HomeMy WebLinkAboutResolution 3342 Annex Farmhouse/Dabney, 7.559 acres, Haggerty/Ellis
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COMMISSION RESOLUTION NO. 3342
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 Farmhouse
Limited Partnership; William Dabney III; and Robert and Marcia Pearson, owners 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 along the west side of Haggerty Lane at Ellis
Street 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
November 16, 1998; and
WHEREAS, Commission Resolution No. 3272 was adopted by the City Commission
on December 7, 1998, 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. 3272 was duly noticed
and held on January 4, 1999; and
WHEREAS, no objections to said annexation were raised 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 January4, 1999, 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. 3272; and
WHEREAS, the original application and subsequent documentation, including the
resolution of intent to annex, described the acreage of the tracts as "6.9046 acres of land,
more or less"; and
WHEREAS, one of the conditions of approval of this annexation is that the right-of-
way for Ellis Street lying between Lots 1 A and 3A, Minor Subdivision No. 162A, and Lot 2,
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Minor Subdivision No. 162, be included in the annexation, thus increasing the acreage to be
annexed to "7.5597 acres, more or less"; and said amendment will not constitute a
substantive change to the City's duly noticed proposal to extend the boundaries of said city
to include the contiguous tract within the corporate limits of the city; 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 tracts is the subject of a written
agreement between the City and Farmhouse limited Partnership; William Dabney III; and
Robert and Marcia Pearson, record owners of the tracts; and
WHEREAS, said contiguous tracts are 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 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 7.5597 acres of land, to wit:
lots 1 A and 3A, Minor Subdivision No. 162A, and lot 2, Minor Subdivision
No. 162, according to the plats thereof, on file and of record in the office
of the Clerk and Recorder, Gallatin County, Montana, and that part of Ellis
Street as dedicated in Minor Subdivision No. 162, all described as follows:
Beginning at the South quarter corner of Section 8, Township 2 South,
Range 6 East, Montana Principal Meridian; thence northerly 000003'23",
assumed azimuth from north, 706.88 feet along the west line of the
Southeast quarter of said Section 8; thence southeasterly 127022'48"
azimuth 1171.62 feet along the southwesterly right-of-way line of
Haggerty lane; thence westerly 270016'16" azimuth 931.71 feet along
the south line of the Southeast quarter of said Section 8, to the point of
beginning.
Section 2
This annexation is effective immediately upon passage of this resolution.
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Section 3
The annexation of the above-described tract is subject to the terms of the
Agreement dated December 9, 1999, by and between the City of Bozeman and Farmhouse
limited Partnership; William Dabney III; and Robert and Marcia Pearson.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 20th day of December 1999.
~g~
MARCIA B. YOU N, Mayor
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APPROVED AS TO FORM:
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