HomeMy WebLinkAboutResolution 3970 Edgefield LLC. Annexation
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City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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COMMISSION RESOLUTION NO. 3970
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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
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 Edgefield LLC, Paul
Rugheimer, Peter Rugheimer, and Mary Wictor, owners of the tract, 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 Lots 27 and 28, Mount Baldy Subdivision and Tract 2 of recorded plat in Film 12, Page 825,
that part of the NEI.t, SWIA & NWIA, SEIA of Section 32, TIS, R6E, PMM, Gallatin County, Montana, and
generally bound by Bridger Creek to the north, Creekwood Subdivision to the east, Legends at Bridger Creek
Subdivision to the west and Vogel and Mount Baldy Subdivisions to the south.; 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
WHEREAS, Commission Resolution No. 3808 was adopted by the City Commission on June 20,
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 public hearing on Commission Resolution No. 3808 was duly noticed and held on
June 20, 2005; and
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WHEREAS, on July 18,2005, 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. 3808; and
WHEREAS, the provision of available services, including, but not limited to, water rights or cash
in lieu, waivers of protest against creation of SID's, water and sewer hookup to said contiguous tract is the
subject of a written agreement between the City and Edgefield, LLC, Paul Rugheimer, Peter Rugheimer, and
Mary Wictor, record owner of the tract; and
WHEREAS, said contiguous tract is the subject of a 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 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 57.29 acres of land, to wit:
A tract of land being Lots 27 & 28 of Mount Baldy Subdivision and the tract of land shown on
Film 12, Page 825, Records of Gallatin County, situated in the S1I2 Section 32, TIS, R6E, P.M.M.,
Gallatin County, Montana, and being more particularly described as follows:
Commencing at the C- W 1/16 comer of said Section 32, the True Point of Beginning;
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Thence along the E-W mid-section line, S880D15'40"E a distance of 140.00 feet to the thread
of Bridger Creek;
Thence along said thread of Bridger Creek through the following two courses:
S79044'40"E a distance of 25.50 feet, and
N85002'03"E a distance of 32.34 feet to said mid-section line;
Thence along said mid-section line, S88015'40"E a distance of 137.46 feet to said thread of
Bridger Creek;
Thence along said thread of Bridger Creek through the following 96 courses:
Thence S48045'54"E a distance of 27.34 feet; Thence S52035'41liE a distance of 108.00 feet;
Thence S58041'35"E a distance of 173.00 feet; Thence S74057'24"E a distance of 31.00 feet;
Thence S87042'34"E a distance of 25.00 feet; Thence S67054'32"E a distance of 29.50 feet;
Thence S61 015'37"E a distance of 35.50 feet; Thence S42022'24"E a distance of 32.50 feet;
Thence S50047'45"E a distance of 14.00 feet; Thence S75057'50"E a distance of24.50 feet;
Thence N74003'17"E a distance of 29.00 feet; Thence S81 046'56"E a distance of7.50 feet;
Thence S47059'13"E a distance of 27.00 feet; Thence Soo025'55"W a distance of 11.00 feet;
Thence S 11 023'20"W a distance of 10.00 feet; Thence 842017'0 I"W a distance of 16.50 feet;
Thence S72038'37"W a distance of 53.35 feet; Thence S58044'II"W a distance of 32.76 feet;
Thence SlO018'17"W a distance of 11.00 feet; Thence S13031 '48 liE a distance of8.50 feet;
Thence S61 047'07"E a distance of 44.00 feet; Thence S49045'23"E a distance of 77.50 feet;
Thence S64 024'55 "E a distance of 130.00 feet; Thence S81 007'24"E a distance of 38.00 feet;
Thence N54051 '26"E a distance of 26.00 feet; Thence N33006'32"E a distance of 82.00 feet;
Thence N47040'30"E a distance of 28.50 feet; Thence N740 14'05"E a distance of 19.00 feet;
Thence S69058'58"E a distance of 15.00 feet; Thence S46023'28"E a distance of 24.50 feet;
Thence S25039'09"E a distance of 28.00 feet; Thence S09032' 13 "E a distance of 72.00 feet;
Thence SI5059'53"E a distance of 29.00 feet; Thence S33014'30"E a distance of31.00 feet;
Thence S55052'13"E a distance of 34.00 feet; Thence S78ooo'29"E a distance of 43.00 feet;
Thence N68021 '42 "E a distance of 19.00 feet; Thence N48039'42 "E a distance of 56.00 feet;
Thence N 15039'43 "E a distance of 18.75 feet; Thence N09005'25"W a distance of 25.50 feet;
Thence N22052'26"W a distance of 61.50 feet; Thence Nl1 026'lO"W a distance of 15.50
feet;
Thence N 14056'47 "E a distance of 62.00 feet; Thence N33 036'32 "E a distance of 14.48 feet;
Thence N74003'17"E a distance of 14.50 feet; Thence 874059'51 "E a distance of 27.00 feet;
Thence S57031'08 "E a distance of 39.00 feet; Thence S500 13'25"E a distance of 23.50 feet;
Thence S39006'24"E a distance of 20.50 feet; Thence SI6009'30"E a distance of 14.50 feet;
Thence SO 1 047'55 "W a distance of 30.00 feet; Thence S 14034'58 "E a distance of 20.00 feet;
Thence S61 041 '55"E a distance of 49.00 feet; Thence N81 026'06"E a distance of 32.00 feet;
Thence S74037'12"E a distance of 24.00 feet; Thence S59046'42"E a distance of 14.00 feet;
Thence S40039'29''E a distance of 84.50 feet; Thence 849019'44 "E a distance of 66.00 feet;
Thence S60059'23"E a distance of 61.50 feet; Thence S69055'18"E a distance of 55.50 feet;
Thence S72039'OO"E a distance of 67.00 feet; Thence S42038'20"E a distance of 17.50 feet;
Thence S25028'12"E a distance of 21.00 feet; Thence SI2053'56"E a distance of22.50 feet;
Thence S44041'46"E a distance of 23.00 feet; Thence S67041'19"E a distance of 13.00 feet;
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Thence N76052'34"E a distance of 9.00 feet; Thence N58004'38"E a distance of 19.00 feet;
Thence N37030'17"E a distance of 16.50 feet; Thence Nll 009'46"E a distance of25.50 feet;
Thence N17059'47"W a distance of 32.50 feet; Thence N02036'25"W a distance of 15.00
feet;
Thence N28045'20"E a distance of 20.00 feet; Thence N46039'37"E a distance of 40.00 feet;
Thence N59021 '30"E a distance of 31.50 feet; Thence N71 036'47"E a distance of 34.50 feet;
Thence S87008'32"E a distance of 59.00 feet; Thence S74009'02"E a distance of 29.50 feet;
Thence S55002'14"E a distance of 52.50 feet; Thence S42028'53"E a distance of97.50 feet;
Thence S29013'33"E a distance of28.50 feet; Thence S50003'29"E a distance of 15.50 feet;
Thence S69039'32"E a distance of 12.00 feet; Thence N89055'05"E a distance of 22.00 feet;
Thence N69025'05"E a distance of 39.50 feet; Thence N5800T09"E a distance of 76.50 feet;
Thence N38044'29"E a distance of26.81 feet; Thence N27053'19"E a distance of 35.00 feet;
Thence N400 11'14 "E a distance of 51.00 feet; Thence N47035'00"E a distance of 47.50 feet;
Thence N 54 030'09"E a distance of 34.00 feet; Thence N7 4 022'00"E a distance of 37.50 feet;
Thence N81 022'18"E a distance of33.50Jeet; Thence S84026'38"E a distance of 31.00 feet;
Thence S77044'49"E a distance of 47.00 feet; Thence S66032'11 "E a distance of 20.95 feet to
the El/16Iine;
Thence along said El/16 line, SOooD09'27"E a distance of853.53 feet to the SEll16 comer,
said point also being the northeast corner of Ed Vogel Subdivision;
Thence along the S l/16line, said line also being north line of said subdivision and the north
line of Mount Baldy Subdivision, N880D16'33"W a distance of 2525.46 feet to the northwest
corner of Lot 26 of Mount Baldy Subdivision;
Thence along the west line of said Lot 26, SOloD45'05"W a distance of 323.24 feet to the
north right-of-way line of Bridger Drive;
Thence along said right-of-way, N880DI6'43"W a distance of 100.07 feet to the Wl116line;
Thence along said Wl/16 line NOloD45'44"E a distance of323.25 feet to the SW1116 corner;
Thence continuing along said Wl/16 line NoooDOT28"E a distance of 1318.63 feet to the
True Point of Beginning.
Said tract contains 57.29 acres, more or less, and is subject to any existing easements,
whether of record or apparent on the ground
Section 2
The effective date of this annexation is January 12, 2006.
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The annexation ofthe above-described tract is subject to the terms of the Agreement dated January
12,2006, by and between the City of Bozeman and Edgefield, LLC, Paul Rugheimer, Peter Rugheimer, and
Mary Wictor.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 23rd day of October 2006.
APPROVED AS TO FORM:
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