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HomeMy WebLinkAboutResolution 3752 Annex Rosa tract -~ ,~. 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. -~j / 1111I1111111111111111111111111111111111111111111111111 ~~3~f~~~, \ \'\..".11.. J , Shelley V.~oe~G.ll.tl~ Co MT MISe 18.1211/1 . 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: _ --~,' ~~-~ ~.. ".1 - -" . .: ,~,.,:::-.~:;;";-~ R ~,sb~. ",.. .. Clerk-oftneGorfun!Ssi6ij ,::' ~" ';> '--::':::'~&":';"~__~",:,." ,,~:t , - -"" ,~:.2?,}.~:<t' '-~'-"-:,,"" > APPROVED AS TO FORM: ..: ',-<"I'" ~ ~ I ( , 00 DLd.... TIMOTHY A. COOPER Acting City Attorney I111111111111111111111111111111111111111111111111111111 ~~;?&9~~~ Shelley Vance-Gallatin Cc MT MISC 18.mm - 2 - .. -.-.---...---..-...- . ....---.....-.--.-.----. Rosa Annexation Map i' I 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 - ----------- ----------------~--~---~~---~-t_ -~ - -- - - --If:- ,,;- --------"'~,~~------- ----1=--~:~~-~~~~~;~- ~ I: .J ~ ~ SOUTH OF POWERU NE. "="j ~ ~ (94 FM 3D3) I: ,l 'g.3 J Cl.~ ; (fI- .oTl. ~oJT~ ~~ Ii _ !I:""'C -- ~ ~5 : .~ u' I "'- VICINITY MAP "j' m' ~ ' ~ NDT TO SCALE - - CJ ' 6 ~ J z 1 .- .0-' ~.- ___ L---ooo"OO"Ott------ g :.' = WAY ___________ ______________ .... _ -T-----6-6-~9&-'-------- ~ ~ .. == "'j' _ 0::: " ...- LEGAL DESCRIPTION n ~ 1'0::: :; L~T~ U ~ ~ 0 0_ ~ ,-=0 Q... IN 0_ 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 z trJ 0;"" w ~: .... = 1,735,263 sq. feet, ar 39,836 ocres a l.,j ~ ~!=' ~ ~.. _ I o ~ p8 f- NW~ l.,j ---J CD ;0:- 2 go W - IV) N ~o ~ -."" C/) e"C/) ~ ~w- :r-;r l.,j '" - ~ N o _~:5i .a:. ..... 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