HomeMy WebLinkAboutResolution 3339 Intent to annex Westlake tract (Wal-Mart)
COMMISSION RESOLUTION NO. 3339
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE A CONTIGUOUS TRACT, HEREINAFTER MORE
PARTICULARL Y DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from CLC Associates, Inc., on behalf of Kay H. Martinen and George
E. Westlake, owners of the tract sought to be annexed herein, requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include within the
boundaries of the City of Bozeman, Montana, a certain contiguous tract of land lying along
the east side of WalMart, between West Oak Street and Interstate 90; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
A tract of land being an unplatted portion of land situated in the Northeast
one-quarter, Section 1, Township 2 South, Range 5 East, and the
Northwest one-quarter, Section 6, Township 2 South, Range 6 East,
Montana Principal Meridian, being more particularly described as follows:
Beginning at a point which bears N37055'47"W a distance of 83.07 feet
from the E Y4. corner of Section 1, T2S, R5E, MPM, said point also being the
southeast corner of Lot 2-A of Minor Subdivision No. 109-B; thence from
said True Point of Beginning along the east line of said Lot 2-A
N01 o16'30"E a distance of 952.46 feet to a point on the southeasterly
right-of-way line of Interstate 90; thence along said line S720 16'02"E a
distance of 324.41 feet to a curve to the right with a radius of 22,795.00
feet a distance of 1096.82 feet to a point on the west line of Tract 2 of
Certificate of Survey No. 2128B; thence along said line 501 o26'44"W a
distance of 372.92 feet; thence S47004'50"W a distance of 207.62 feet
to a point on the. north right-of-way line of West Oak Street; thence along
said line along a non-tangent curve to the left with a radial bearing of
S07049'32"W and a radius of 994.93 feet a distance of 126.23 feet and
N89026'37"W a distance of 1098.07 feet to the Point of Beginning; and
WHEREAS, this tract contains approximately 22.840 acres of land, along with and
subject to all existing easements of record or of fact; and
WHEREAS, the above-described tract is the subject of plats or Certificates of
Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared and submitted to the
Commission; and
WHEREAS, the Commission has duly reviewed and considered said written
annexation staff report; and
-- ----..--. ..--...---
. -,-
WHEREAS, prior to annexation, an agreement between the City and the owners of
said tract addressing issues that are in the best interests of the City of Bozeman, such as,
but not limited to, rights of way, easements, traffic signals, water rights or cash-in-lieu,
waivers of right to protest creation of SIDs, and water and sewer hookup fees, to said
contiguous tract and other parcels directly affected or impacted by this annexation, shall be
fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants
thereof and of the inhabitants of the contiguous tract hereinbefore described to extend the
boundaries of the City of Bozeman so as to include said contiguous tract of land hereinbefore
described within the corporate limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services
to the contiguous tract hereinbefore described will be the subject of a mutual agreement
between the City of Bozeman and the real property owners of the tract, that it is in the best
interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said
contiguous tract that the boundaries of said City of Bozeman be extended so as to include
the contiguous tract hereinbefore described within the boundaries and corporate limits of the
City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be
held in the Commission Room in the Municipal Building of said City on the 18th day of
January 2000, at 7:00 p.m., is hereby designated as the time and place at which comments
in favor of or opposed to the annexation of the property will be heard by the Commission.
Section 3
That the Clerk of the Commission shall provide notice pursuant to Section 7-2-4312,
M.C.A.
Section 4
The notice to be given by the Clerk of the City Commission shall be to the effect
- 2 -
that such resolution has been duly and legally passed, and that the Clerk of the City
Commission will receive written comments of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from the registered voters and from the
real property owners of the area proposed to be annexed, and that the written comments,
if any, must be filed with the Clerk of Commission not later than 5:00 p.m. on Tuesday,
January 12, 2000.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 15th day of November 1999.
~{5~
MARCIA B. YO G AN
ATTEST:
~.~~~
Clerk of the Commission
APPROVED AS TO FORM:
- 3 -
..~~.-
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 20th day of December 1999, Commission Resolution No. 3339 was duly
and regularly passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE A CONTIGUOUS TRACT, HEREINAFTER MORE
PARTICULARL Y DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation by CLC, Inc., on behalf of Kay H. Martinen
and George E. Westlake, lying north of WalMart between West Oak Street and Interstate 90,
containing approximately 22.840 acres, and is more particularly described as follows:
A tract of land being an unplatted portion of land situated in the Northeast
one-quarter, Section 1, Township 2 South, Range 5 East, and the Northwest
one-quarter, Section 6, Township 2 South, Range 6 East, Montana Principal
Meridian, being more particularly described as follows:
Beginning at a point which bears N37055'47"W a distance of 83.07 feet from
the E ~ corner of Section 1, T2s, R5E, MPM, said point also being the
southeast corner of Lot 2-A of Minor Subdivision No. 109-B; thence from said
True Point of Beginning along the east line of said Lot 2-A N01 0 16'30"E a
distance of 952.46 feet to a point on the southeasterly right-of-way line of
Interstate 90; thence along said line 5720 16'02"E a distance of 324.41 feet
to a curve to the right with a radius of 22,795.00 feet a distance of 1096.82
feet to a point on the west line of Tract 2 of Certificate of Survey No. 2128B;
thence along said line s01026'44"W a distance of 372.92 feet; thence
S47004'50"W a distance of 207.62 feet to a point on the north right-of-way
line of West Oak Street; thence along said line along a non.tangent curve to
the left with a radial bearing of S07049'32"W and a radius of 994.93 feet a
distance of 126.23 feet and N89026'37"W a distance of 1 098.07 feet to the
Point of Beginning.
For a period of twenty (20) days following the first publication of this Notice, the Clerk
of Commission will receive comments, in writing, of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from the registered voters and from the real
property owner of the area proposed to be annexed. The deadline for this written comment is
5:00 p.m. on Wednesday, January 12, 2000. In addition, a public hearing shall be held on
Tuesday, January 18, 2000, at 7:00 p.m. in the Commission Room of City Hall, at 411 East
Main Street, Bozeman, Montana, for the purpose of hearing testimony in support of or in
opposition to the annexation of the above-described real property.
DA TED this 21 st day of December 1 999.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, December 23, 1999
Thursday, December 30, 1999