HomeMy WebLinkAboutResolution 3978 Wilda Lane Annexation
City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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COMMISSION RESOLUTION NO. 3978
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONT ANA, PROVIDING FOR THE ANNEXATION OF
CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER
DESCRIBED, TO THE CORPORA TE 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 Helvy, 9267
Cayuse Trail, Bozeman, MT 59715; SAAM Real Estate, 7177 Jade Hill Lane, Bozeman, MT 59715,
and Dan Barnes, 511 N 18th Avenue, Bozeman, MT 59715, owners of the tract of land, requesting the
City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous
tract of land legally described as a Tracts IB,' 7 and 8, Cahill Subdivision and the adjacent Wilda
Lane right of way, Gallatin County, 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 June 20,
2005; and
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Shelley Vane.-Gallatin Co MT MISC 44 00
WHEREAS, Commission Resolution No. 3802 was adopted by the City Commission on May
15,2005, 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 publicl)earing on Commission Resolution No. 3802 was duly noticed and held
on June 20, 2005; and
WHEREAS, on June 20, 2005, the Commission authorized and directed staff, upon
satisfaction by the applicant of the terms of approval, to prepare the necessary documents to proceed
with the annexation of this tract in accordance with Commission Resolution No.3802; 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 is the subject of a written agreement between the City and Jerald
Swenson, record owner of the tract; and
WHEREAS, said contiguous tract is the subject of a plat, 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 3.34 acres of land and adjacent right of way, to wit:
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Tracts IB, 7, and 8 Cahill Subdivision, Gallatin County, MT and adjacent right of way
for Wilda Lane and West Babcock Street.
Said tracts contains 3.34 acres, more or less, along with and subject to all easements of
record or apparent on the ground
Section 2
The effective date of this annexation is November 6th, 2006.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
November 6th, 2006 by and between the City of Bozeman and John Helvy, SAAM Real Estate, and Dan
Barnes.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 6th day of November 2006.
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Wilda Lane Annexation Map
A TRACT OF LAND BEING TRACTS 7 & 8 OF CAHILL SUBDIVISION, TRACT I B OF THE
AMENDED PLAT OF TRACT I OF CAHILL SUBDIVISION. AND PORTIONS OF THE WlLDA
LANE AND WEST BABCOCK STREET RIGHTS-OF- WAY SITUATED IN THE NWI/4SWI/4
SECTION I I, T2S, R5E, P.M.M., GALLA TIN COUNTY, MONTANA
DESCRIPTION
A tract of land being the Tracts 7 k 8 of Coh ill Su bdivision , Tract 1 B of th e Amen ded Plat of Tract 1
of Cohill SubdivisIon, and portions of the Wilda Lone and West Babcock Street rigllts-of-woy situated in
th e W1 /2 Section 11, T2S. R5E, P. 1.4.1.4.. Gall atin County, 1.4 on ton a. and being further deseribed as fellows:
,
Beginning at the north west comer of Trod 1 A of th e Amended PI at of T roel 1 of Cohill Subdivision;
Thence N01'03'E a distance of 32.5 feet to the E-W mid-seelion line; Thence along said mid-section
line N89'24'E 0 distonce of 251.2 feet; Thence NOO'36'E a dIstance of 30.0 feet to the southwest
comer of the troct of land described in Book 136 of Deeds, Page 326. Records at Gallatin County.
Th en ce olon g the south line of said tract N89'2 4'E a distance of 85.0 feet to the southwest corn er of
sold tract; Thence SD515'W 0 distance of 62.8 feet to the northeast comer of Tract 8 of Cohill
-. Subdivision; Thence along the east I1ne of soid Tract 8 and the east line of said Tract 7 SOO'55'W a
distance of 637.5 teet to the southeast corner of said Tract 7; Thence along the south line of said
Troct 7 and across the Wildo Lone right-at-way N89'02'W a dIstance of 196.0 feet to the west
right-of-way I1ne of Wilda Lone; Thence clong soid rI9ht-of-way line NDO'59'E a distance of 320.0 feet
to the southeast corner of said Tract 18: Thence along the south I1ne of sold Tract 18 N89'02'W 0
distan ce of 135.6 feet to the southwest com er of said Tract 18; Thence along the west line of said
Tract 18 NOl '02'E 0 distance of 155.5 feet to the northwest corner of said Tract 18; Thence along the
north line of said Tract 1 B S89'49'E a distance of 135.5 feet to the west r1ght-of-woy line of Wildo
Lone: Thence along said right-of-way line NOO'59'E 0 disonce of 154.8 feet to the south rlght-oi-way
line of West Babcock Street; Thence 589'24'W a distance of 135.4 feet to the Point of 8eginnlng.
Said tract contains 3.64 acres. more or less, and is subject to all exIsting easements. whether of
record or apparent on the ground.
LEGEND
ZONED R DIIS1INIl ZCHIfIl
RESIIJENTIAL ElIIS1INIl lAICI us:
. DIIS1INIl SEWER IUHlOL[
M ElaS1INl: ....._ VAL'"
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o 100
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( IN FEET )
BASIS OF BEARING
BEARINGS FOR THIS MAP ARE BASED
ON THE PLAT OF CAHILL SUBDIVISION.
-~VICJNITY__MAe
, NOT TO SCALE i
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CliENT. 11/21/05
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WILDA LANE
ANNEXATION MAP
fCIIC (<<I)Sl-~l
FIELD WORK-
DRAWN BY: SMR
CHECKED By.JRN
DAlE: 11/21/05
SCALE. 1"=100'
PROJ :0006.001
PLOnED DAlE. Jun/06/2006 - 02:55:08 pm
DRAWING NAME:
H,\OOOS\OO 1 \M:AD\EXHIBrTS\ANX- z......~
SHEET --L- or ---1-- P\DlTED 81':...,.