HomeMy WebLinkAboutResolution 4003 Louis Annexation #A-05008
. Bozeman City Clerk
P.O. Box 1230
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~ COMMISSION RESOLUTION NO. 4003
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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
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
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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
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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
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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.
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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
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Section 2
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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.
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