HomeMy WebLinkAboutResolution 4139 Annexation of Landr
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• COMMISSION RESOLUTION N0.4139
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 Joe McClendon,
McClendon Investments, owner of tract of land, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying along the west
side of Maus Lane, north of Griffin Drive, in the County of Gallatin, State of Montana; and
WHEREAS, McClendon Investments, is the current landowner of record of property
described as a parcel of land being a portion of Maus Lane and Lot 28 of the Gordon Mandeville State
School Section Subdivision, Plat E-38 of Gallatin County Records, located in the SE i/4 of Section 36,
• Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, 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 October 22,
2007; and
WHEREAS, a public hearing on said annexation petition was duly noticed and held on
October 22, 2007; and
WHEREAS, no members of the public spoke in regards to said annexation 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 October 22, 2007, 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 terms of annexation specified in the staff report; and
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WHEREAS, the provision of available services, including, but not limited to, rights-of--way, i
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 McClendon Investments; and
WHEREAS, said contiguous tracts are described as a parcel of land being a portion of Maus
Lane and Lot 28 of the Gordon Mandeville State School Section Subdivision, Plat E-38 of Gallatin
County Records, located in the SE'/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin
County, Montana; 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.
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 46, 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 2.17 acres of land, to wit:
A PARCEL OF LAND BEING A PORTION OF MAUS LANE AND LOT 28 OF THE GORDON
MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38 OF GALLATIN
COUNTY RECORDS, LOCATED IN THE SE1/4 OF SECTION 36, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 15B OF MINOR SUBDIVISION No. 49;
THENCE S 89°42'00" E, 307.90 FEET ALONG THE SOUTH LINE OF LOT 16 OF THE GORDON
MANDEVILLE STATE SCHOOL SECTION SUBDIVISION TO THE EASTERLY RIGHT-OF-
WAY LIMIT OF MAUS LANE; THENCE THROUGH THE FOLLOWING TWO COURSES
ALONG SAID RIGHT-OF-WAY LIMIT: 1) ALONG A 40.00 FOOT RADIUS CURVE TO THE
LEFT, THROUGH AN INTERNAL ANGLE OF 9°09'29", AN ARC DISTANCE OF 6.39 FEET
(CHORD BEARINGS 04° 19'44" W, 6.39 FEET); 2) S 00° 15'00" E, 299.89 FEET; THENCE N
89°39'13" W, 310.33 FEET TO THE SOUTHEAST CORNER OF LOT 15B OF MINOR
SUBDIVISION No. 49; THENCE N 00°18'00" E, 306.00 FEET TO THE POINT OF BEGINNING, •
CONTAINING 2.17 ACRES, MORE OR LESS, SUBJECT TO ANY EXISTING EASEMENTS
AND OR RIGHTS OF WAYS, WHETHER OF RECORD OR APPARENT ON THE GROUND.
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• LEGAL DESCRIPTION: LOT 28
A PARCEL OF LAND BEING LOT 28 OF THE GORDON MANDEVILLE STATE SCHOOL
SECTION SUBDIVISION, PLAT E-38 OF GALLATIN COUNTY RECORDS, LOCATED IN THE
SE1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY,
MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 15B OF MINOR SUBDIVISION No. 49;
THENCE S 89°42'00" E, 247.39 FEET ALONG THE SOUTH LINE OF LOT 16 OF THE GORDON
MANDEVILLE STATE SCHOOL SECTION SUBDIVISION TO THE WESTERLY RIGHT-OF-
WAY LIMIT OF MAUS LANE; THENCE S 00°15'00" E, 306.22 FEET ALONG SAID RIGHT-OF-
WAYLIMIT; THENCE N 89°39'13" W, 250.33 FEET TO THE SOUTHEAST CORNER OF LOT
15B OF MINOR SUBDIVISION No. 49; THENCE N 00°18'00" E, 306.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 1.75 ACRES, MORE OR LESS, SUBJECT TO ANY EXISTING
EASEMENTS AND OR RIGHTS OF WAYS, WHETHER OF RECORD OR APPARENT ON THE
GROUND.
LEGAL DESCRIPTION: MAUS LANE RIGHT-OF-WAY
A PARCEL OF LAND BEING A PORTION OF MAUS LANE, LOCATED IN THE SE1/4 OF
SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY,
• MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 28 OF MINOR SUBDIVISION No. 49;
THENCE S 89°42'00" E, 60.51 FEET TO THE EASTERLY RIGHT-OF-WAY LIMIT OF MAUS
LANE; THENCE THROUGH THE FOLLOWING TWO COURSES ALONG SAID RIGHT-OF-
WAY LIMIT:
1) ALONG A 40.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH AN INTERNAL ANGLE
OF 9°09'29", AN ARC DISTANCE OF 6.39 FEET (CHORD BEARINGS 04°19'44" W, 6.39 FEET);
2) S 00°15'00" E, 299.89 FEET; THENCE N 89°39'13" W, 60.00 FEET TO THE SOUTHEAST
CORNER OF LOT 28 OF MINOR SUBDIVISION No. 49; THENCE N 00°15'00" W, 306.22 FEET
TO THE POINT OF BEGINNING, CONTAINING 0.42 ACRES, MORE OR LESS, SUBJECT TO
ANY EXISTING EASEMENTS AND OR RIGHTS OF WAYS, WHETHER OF RECORD OR
APPARENT ON THE GROUND.
Section 2
The effective date of this annexation is January 5, 2009.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
• January 5, 2009, by and between the City of Bozeman and McClendon Investments, owners of said tract
of land.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a •
regular session thereof held on the 5th day of January, 2009.
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APPROVED AS TO FORM:
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TIM COOPER~~ '
Assistant City Attorney
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