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HomeMy WebLinkAboutResolution 4003 Louis Annexation #A-05008 . Bozeman City Clerk P.O. Box 1230 ~oze~~n, l\!T _~!71-12~0 Charlotte Mills-Gallatin Co MTMISC ~ COMMISSION RESOLUTION NO. 4003 1111111111111111111111111111111111111111111111111111111 ~~~~1r~:~p ~ 44,00 .. 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 William H. and Mardie Louis, James D. and Bonnie L. Secor, and Brenda Baker, owner of a 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 lying along the west side of Thomas Lane and north of Baxter Lane in the County of Gallatin, State of Montana; and WHEREAS, William H. and Mardie Louis are the current landowners of record of Lot 4 and Lot 5, Baxter Lane Subdivision No, 1 of said tract, requesting the City Commission to extend the . boundaries of the City of Bozeman; and WHEREAS, James D. and Bonnie L. Secor are the current landowners of record of Lot 6, Baxter Lane Subdivision No.1 of said tract, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, Brenda Burden is the current landowner of record of Lot 7, Baxter Lane Subdivision No. 1 of said tract, requesting the City Commission to extend the boundaries of the City of Bozeman; 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 November 7, 2005; and WHEREAS, Commission Resolution No. 3875 was adopted by the City Commission on November 21, 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 . 399 1111111111111111111111111111111111111111111111111111111 ~~6~1r:~~p Charlotte Mills-Gallatin Co MTMISC 44,00 ~ WHEREAS, a public hearing on Commission Resolution No. 3875 was duly noticed and held- .. on November 21,2005; and WHEREAS, at the request of the applicant, William H. Louis, said public hearing on Commission Resolution No. 3875 was continued to January 17, 2006; and WHEREAS, said continued public hearing on Commission Resolution No. 3875 was opened before the City Commission on January 17, 2006; and WHEREAS, Bruce W. Campbell, 1163 Thomas Drive, landowner of Lot 1, Baxter Lane Subdivision No.1, formally requested to be removed from said annexation request; and WHEREAS, the remainder tract to be annexed exclusive of said Lot 1, Baxter Lane Subdivision No.1 is 3.6372 acres and the adjoining 0.3628 acres of Thomas Drive right-of-way; and WHEREAS, no objections to said annexation were raised at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on January 17, 2006, 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. 3875; 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 William H. and Mardie Louis, James D. and Bonnie L. Secor, and Brenda Baker, record land owners 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. . 2 400 ~ . . . -, '1""111"1"1111"11"11111111111111111111111 11111111 ~~;~1;0::~p Char lo_tte l'lills-Gallatin C~ MTMISC 44,00 i .... 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 59.823 acres of land, to wit: Tract Lots 4, 5, 6 and 7 of Baxter Lane Subdivision No.1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana and further described as follows: Commencing at the South Quarter Corner of Section 35, Township 1 South, Range 5 East, of P.M.M., thence northerly 3590 55' 29", assumed azimuth from north 403.00 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 2690 16' 32" azimuth 30.00 feet to the southeast corner of Lot 7, Baxter Lane Subdivision No.1, the point of beginning of the property to be described: thence continuing westerly 2690 16' 32" azimuth 300.63 feet along the south line of said Lot 7; thence northerly 3590 54' 30" azimuth 526.83 feet along the west line of Lots 7, 6, 5 and 4; thence easterly 0890 17' 21" azimuth 300.79 feet along the north line of said Lot 4; thence southerly 1.790 54' ?9" azimuth 526.76 feet along the east line of said Lots 4, 5, 6 and 7 to the point of beginning. Said Tract of land being 3.6372 acres of land, more or less-,~a~,Q9}Vith aiR:f-subject to all existing easements of record or of fact; and ,:-: ---- Thomas Drive Dedicated Roadwav That part of the Southwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, described as follows: Commencing at the South Quarter Corner of Section 35, Township 1 South, Range 5 East, of P.M.M., thence northerly 3590 55' 29" assumed azimuth from north, 403.00 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 2690 16' 32" azimuth 30.00 feet to the southeast corner of Lot 7 Baxter Lane Subdivision No.1, the point of beginning of the property to be described: thence northerly 359055' 29" azimuth 526.76 feet along the westerly right of way line of Thomas Drive; thence easterly 0890 17' 21" azimuth 30.00 feet; thence southerly 1790 54' 29" azimuth 526.76 feet along the east line of the Southwest Quarter of said Section 35; thence westerly 2690 16' 32" azimuth 30.00 feet to the point of beginning. Said roadway of land being 0.3628 acres of land, more or less, along with and subject to all existing easements of record or of fact; and 3 401 ',,"\., 1111111 111111"" 1111111111111111111111111 1111111111111 ~~6~1?6~~p Charlotte Mills-Gallatin Co MTMISC 44,00 ~ . Section 2 ... The effective date of this annexation is February 20, 2007. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated April 26, 2006, by and between the City of Bozeman and William H, and Mardie Louis, James D. and Bonnie L. Secor, and Brenda Baker, owners of said tract of land. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of February 2007. .. ",~ ~ . . 4 402