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HomeMy WebLinkAboutResolution 3342 Annex Farmhouse/Dabney, 7.559 acres, Haggerty/Ellis _n.. _ - ~. .'... . .. C;7~~ /~ J1JUJIJUlJUlJII HI ~;~~?:~'~P 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, 11111111 1111I111 1111112003791 . Page: 2 of 4 12/23/1999 02:09P Shelley Vanoe-Callatin Co MT MISC 24.00 -.-----..--....----.-..".. . u_.___ 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. - 2 - -----..-------------.--..--. .-....... --.-...-..--.- II II 1111 11111111 1111 II 2003791 . . Palle: 3 of 4 12/23/1999 02:09P Shelley Vanoe-Gallatin Co MT MISC 24,00 ---.- ._---_._._._._-- 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 ,~ ,.~ ROBIN:'t.i~~r . },:'>' CierI<, .~~~~Il;mT)~n '. ,',< 1 c t'J..... - , ,.. .\w:-;/ ,....' ~.......I' :IioP' '.' ~,.. --' APPROVED AS TO FORM: - 3 - ~: ANlEXA 770N MAP :-. ""- LOCATED IN THE SE 1/4 OF SEC. 8. T. 2 5.. R. 6 E. . (OJ ""- CITY OF BOZEMAN. GALLA TIN COUNTY, MONTANA M ""- . ';r ~""- . 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