HomeMy WebLinkAboutResolution 3752 Annex Rosa tract
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COMMISSION RESOLUTION NO. 3752
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 John Rosa, owner 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 north side of Durston Road
west of Cottonwood Road extended and bounded on the north side by the future extension of West Oak
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 January 20, 2004; and
WHEREAS, Commission Resolution No. 3650 was adopted by the City Commission on January
20, 2004, 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. 3650 was duly noticed and held
on February 23, 2004; and
WHEREAS, on February 23, 2004, 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. 3650; 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 John Rosa, record owner of said tract; and
WHEREAS, said contiguous tract is the subject of a plat(s) or Certificate(s) 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:
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 39.836 acres of land, to wit:
Tract B, Certificate of Survey No. 2389, located in the SE;4, Section 4, T2S, R5E,
MPM, Gallatin County, Montana.
Section 2
The effective date of this annexation is December 1, 2004.
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Shelley V.~oe~G.ll.tl~ Co MT MISe 18.1211/1
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Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
August 12, 2004, by and between the City of Bozeman and John Rosa.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 22nd day of Novembe 20
TRARO, Mayor
ATTEST: _ --~,'
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'-~'-"-:,,"" > APPROVED AS TO FORM:
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TIMOTHY A. COOPER
Acting City Attorney
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Shelley Vance-Gallatin Cc MT MISC 18.mm
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Rosa Annexation Map i'
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NE% SECTION -4 I
~ VESTA FERN NEeSON _ :li=-=-~1.1II" 1/4 COR. Of SEC, 4 .
~ -- MARY CATHERINE ANDERSON [N89' 35'55" E] F~, 5/f! REBAR 5"' UP
(MARIE C. Bz~i~ ~~E ESTATE) 089' 35' 55" A]I FENCE CORNER.
662.43' (Future) West Oak Street
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LEGAL DESCRIPTION n ~ 1'0::: :;
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A tract of land being T roct B of Certificate at Survey No. 2389, according to the plat !hereot, on file and ~ ~ " .::::.. ~
of record in the office at !he Clerk and Recorder, Gollatin County, Montana, locoted In the Southeos\ J 0 S 0 :3 ~
Quorter of Section 4, Township 2 South, Range 5 East of P.M.M., Gallatjn County, Montana, and further '" : -< - ~
described as follows: TRACT A ~ ~ ===
C.O.S. No. 2389 0 -==
Commencing ot the Southeast Corner ot said Section 4; thence westerly 27rJ 04' 30", assumed azimuth 39.919 Acres '0 ~
from north, 660.93 feet alon9 the sauth line at the Southeast Quarter at said Section 4 to the point of 0 _ =
beginning; thence cantinuing westerly 27(J 04' 30. azimuth 660.93 feet along said south line; thence ~ GI ===
norhterly 001' 01' 12" azimuth 2620.32 feet along the west line at said Tract B; thence easterly 089' 'g z_
35' 55" azimuth 662.43 feet along the east-west quarter section line af said Section 4; thence sautherly , 0 -
181' 03' 01" azimuth 2625.85 teet along the east line of said Tract 8 to the paint of beginning. Z ' ~ ' (,) N -: N
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= 1,735,263 sq. feet, ar 39,836 ocres a l.,j ~ ~!=' ~ ~.. _ I
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U ~ Sf. CORNER DF SECTION 4
III 2i .3 [!].... SEC. 4, T. 2 S. R. 5 E-
S.",!. In F..I a: <i ~ FO. 5/1{ REBAR WITH
200 0 200 II - 'j'; ALUUI NUl.! CM' IN ROAD.
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60 0 6() HAVE REMOVED MONUUENT.)
Seals In. Jlete-ra- mAR
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S'lY. 270'04'30 NORTH DE OF OURSTON ROAD, EBAR WI Y?C
[N89'55'30"W] .
cat I~ AOAMBRONKENMEMDRIAlPARK 45' RJW DEDICATED ON VAllEY WEST!
Engineering and Survaying ""to, cT~C;o3~c SUBOMSION (DURSTON ROAD)
i205 Ecelweis9. IJrMe . Bo2eman. MMtstlB '5971 a 57_10 AG.
FbJne [400] 587-11 \5. fax (408] 587-9700 ZONED P:_I
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