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Home My WebLink AboutResolution 3706 Annex Swenson tract, 8.06 acres, Valley Center & 27th -.---..--- . J~LA TTED l~ ~/ 1111111111111111111111111111111111111111111111111111111 ~~t~~~~?~R It I Shelley Vanoe.Callatin Co MT MISC 24,00 '. ..... _.__.___....n COMMISSION RESOLUtioN-NO-.' 3706---u---------.... 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 Jerald Swenson, owner 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 portion of Lot 1, Minor Subdivision No. 221 and the adjacent part of Roxi Lane abandoned and the adjacent Valley Center Road right-of-way, in Gallatin County, Montana, and generally located on south side of Valley Center Road and on the east side of North 27th Avenue in the County of Gallatin, 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 9, 2003; and WHEREAS, Commission Resolution No. 3600 was adopted by the City Commission on June 9, 2003, 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. 3600 was duly noticed and held on July 7, 2003; and WHEREAS, on July 7,2003, 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. 3600; 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 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. . -------- ... --." -...-..--.----- . IIIIIIIIIIIIIIIIIIII~I ~IIII~IIIIIIIIIII~I ~II ~:t~l~:?~, ~ SMelley Vance-Callatin Cc MT MISC 24.121121 NOW, THEREFORE, BE IT RESOLVED by the city CommissioriOf theuCity ofBOzeman~-- 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 8.06 acres of land and 2.12 acres of Valley Center right of way, to wit: A portion of the East Valley Center Road located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly described as follows: Commencing at the south quarter corner of said Section 26; Thence along the north-south mid-section line of said Section 26, N 00048'34" E a distance of 1670.63 feet more or less, to the south Right of Way line of East Valley Center Road and the True Point of Beginning; Thence leaving said north-south mid-section line and running along said south Right of Way, N 53032'33" E a distance of 399.97 feet; Thence leaving said south Right of Way, N 36027'27" E a distance of 150.00 feet more or less, to an intersection with the centerline of East Valley Center Road; Thence along said north Right of Way S 53032'33" E a distance of 753.78 feet more or less, to the intersection with the existing City of Bozeman Boundary line as per Doc. #2071419. Thence along said line through the following courses: Thence S 44018'10" a distance of 35.11 feet more or less; Thence N 71048'40" W a distance of 367.54 feet more or less to the True Point of Beginning. Said tract contains 2.12 acres, more or lees, along with and subject to all easements of record or apparent on the ground. Together with a tract of land being a portion of Lot 1, Minor Subdivision No. 221, and part of Roxi Lane abandoned as per Document No.2036150, all as filed with the Gallatin County Clerk and Recorder, located in the Southwest Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly described as follows: Commencing at the south quarter comer of said Section 26; Thence along the north-south mid-section line of said Section 26, N 00048'34" E a distance of 1061.82 feet, more or less, to the south east comer of Lot 1, Minor Sub #210 and the True Point of Beginning; Thence leaving said north-south mid-section line and running along said south line, S 89044'31" W a distance of 482.59 feet; Thence leaving said south line, N 00048'34" E distance of 486.64 feet; - 2 - ___.___..._....__.._________".._ ..____ __..___...__n. . IIIII~ IIIIIIIIIIIIII~IIIIIIII~IIIIIIIIIIIIIIII g~~~:?~, . Shelley Vanoe-Gallat1n Co MT MISC 24.00 Thence along a curve to the right, sala-navIIlg a radius poinfbeanng 589011'26" E---- a distance of 450.00 feet, through a central angle of 35038'52" an arc length of 279.98 feet; Thence N 36027'27" E distance of 125.52 feet, more or less to the south Right-of-way of East Valley Center Rood; Thence along the said south Right-of-way, S 530'32'33" E a distance of 399.97 feet, more or less, to the north-south mid-section line of Section 26; Thence along said north-south mid-section line, S 00048'34" W a distance of 608.81 feet, more or lees, to the True Point of Beginning; Said tract contains 8.06 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 August 20, 2004. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated December 31, 2003, by and between the City of Bozeman and Jerald Swenson. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of August 2004. AND L. ETRARO, Mayor-- A TTEqT:." <~-~'. _ .\ ."'0\, (i "iJ/ '..d/~ id:~___' _ ". ......p R . L. SIJtl.jV -:-.:,' ...;, Clerk of.the{;O~lss~.rf -. .. ',- - ,...... .~.. ,'.--.. ~.-..."\ .'~' APPROVED AS TO FORM: ~~"i/ ~ ( ,~~c..{ TIMOTHY A. COOP Acting City Attorney - 3 - n_n ,,_ ._ ...._.____. ..._____,_____. ~ . · SWENSON ANNEXATION MAP ~ : BEING PART OF LOT 1 OF MINOR SUBDIVISION 221 N:: .... 0 a LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10.... ~ 26, TIS, R5E, P.M.M., GALLATIN COUNTY, MONTANA ..... ~ m_ ~ N:m " ...... G c1/4 EC.211 !!!!!!!!!!!!!!! ~ -.... !!!!!!!!!!!!!!! N ...... ~ - =u -CIJ ==;: ~.... =E ...... 0 ~u I !!!!!!!!!!!!!!!!; I ~- I =.. I 1 ~ -~ I ~oT of! SUI!IJ'" "..... = .., ~I Mlr.a ~.1 -"... - I ~ .. 110, .... I "h.- ...... · , I "! /1 ""'.S' !!!!!!!!!!!!!!! g ~ I:! I ;>:'J>.. ~ .. io! I~ /1 'C = :> ill' -,.. /1 .... ...... · / .... ==::=.... /1 10' UTlUTIES "~ 1 LOT 2 1/ EASEMENT) = en ~.eIOtI / PER liS 221 5UJP"tiI"- 1/ /1 ...... r.a. I I . , / / ROXI LANE ABANDONED 1/ ~ 'I DOC. NO. 203111110 'fJ I 8.06 ! i' TfI A~1 1'1 ACRES I C~~, .... \\ 1- " I I I 110' PUBUC \ CI1Y Of" BOZEw.N : I I ROAD EASEMENT \ \ BOUNOAAY I I I DOC. NO._ \ I I II \\ I I , \ \ I , 1160'PUBUC \ r--t' ROIJ) EASEMENT I I II DOC. NO. 200B8g0 I \ I , II .".1 I I I I "(".AI DFSCRIPTlON "'I , II I I' II I I A portion af the Eoot Valley Conter Rood located In the , I II I .allthweet quarter at SecUon 211. Tawnehlp 1 Sollth. Range 5 I II EXISTING 10' I I Eoot. P.M.M.. GalloUn County, Montana. being more partJculorty I I POWER EASEMENT ft--I dncrfbed o. fallo..: I II B7F1A175 II' I , I I I Commenelng at the eollth quarter oom.r of .old SOICtIon 2B; I I I I , Thence olan~ the north-eouth mld-eectfon line at .ald Seotlon I II 60' PUBUC STREET AND II I 26. N 00'48 34' E 0 dlotanee at 1670.83 feet mare ar I..., ta I " I IJ11L11Y EASEMENT PER I I tho .allth Right af Way line at Eoot Valley Conter Rood and tho I I DOC. NO. 2066512 II I TNe Paint at Beginning: : ~__~_l____________ --tr--' P ,O,B, Th.nce I.avlng eold narth-eouth mld-eeotlon Iln, and running ~ . , , - -- - -.. LOT alang .old .allth Right af Way, N 5J'32'JJ' E a dlotanee of :r :5 3gg.g7 feet; LO R --,-- IAlfoIO plV!SIOr.a 30' ACCESS oil: UTlLI1Y Th.nee I.avlng .old eollth Right af Way. N 36"27'27" E a ~~..!' 221 oT 4.A EASEMENT PER I SO' PUBUC UTlLI1Y dlotance at 150.00 feet mare ar 1_. to an Intereectlon with ...... ~1A1~ 10r.a DOC. NO. 20115509 I- EASEMENT PER tho narth Right af Way at Eoot Valley Center Raad; uaplV!S I !oJ DOC. NO. 20118513 5110 t21.A 65' PUBUC ACCESS I ;,; 1-.1 Thence along .ald narth Right of Way. S !5J'32'33' E 0 dlotanee . oil: UTlLI1Y EASEMENT I - i! of 753.78 feet more or I.... ta the Intere.otIon with the PER MS 221A I ~ ! .xl.tlng City af Bozoman Boundory IIn. a. per Doe. '207141g. : !II! - Thence along .ald line, throught tho foll....lng eau....; I Th.nce S44'111'10"W 0 dlotanC8 at 35.11 feet mare ar I...; I Thence N71'48'40"W a dl.tance of 3B7.54 feet more ar S1/4 SEc.26 I... ta the True Point at Beginning, Said troct contain. 2.12 oe.... more or I.... along with and ,ubJoci ta all .o..mente of rec;Ord or apparent an the ground. Together with a troct at land being a partian of Lot 1, Minar Subdlvl.lan No. 221, and part of Roxl Lone abandaned a. per Document Na.2038111O, 011 a. filed with the Gallatin County Clerk ond Reeard... locat,d In the .outhweot quart.. at Seotlan 26. Tawn.hlp 1 Sollth, Range 5 Eon. P.M.M.. GolloUn Coun~. Mantana. being mare partleularty d..erfbed 00 fallaw" Comm,nelng at tho .ollth quarter COm.r af .ald SIIctIon 26; Thence alan~ the narth-eouth mld-nctIon IIn. af .ald Seotlan 26. N 00"48 34' E a dlotance at 1061.B2 feet, mare ar I..., ta the eollth .aot com.r of Lot 1. Minar Sub' 210 and tho True Point at BeginnIng; Th.nce leaving eold narth-.ollth mld-nctIon line ond running oIong eold eauth Uno. S 811'44'31' W a dlotance at 482.59 feet; Thence leaving ooId eoIIth Une. N OO'48'J4' E dlotance af 4BII.84 feet; Thence along 0 eUMl ta the right, .old havtng e rodlu. paint bearfng 5 BII'11'26' E a dIotance at 4!5O.00 feet, through a centrol angle of 35"36'112' an arc length af 278,g6 feot; Th.nee N 36'27'27" E dlotonee of 125.52 f.ot. more or I.... to the ",11th Rlght-at-Woy af Eoot Valley Cent.r Road; Thence along the eold .oIlthRlght-af-way, S 5J'32'JJ" E a GRAPHIC SCALE dlotance at 311g.g7 feet. mare Or ...., ta the north-eollth mld-HCtIan line at SectIon 211: ZOO ~ 100 200 Thence along eold north-eollth mld-_an line. ~ I I S OO'48'J4' W a dlotance at eoe.81 feot. mare or leA. to tho ( IN FEET ) True Paint at Beginning: Sold tract contains 8.0B acree. more or I.... along with ond 1 inch = 200 ft. .ubJ'ct ta all eoe.m.ng at record ar apporent an the ground. ...c:hMORRISON == 0:tJ~~~12C, .:': ANNEXATION EXHIBIT POIliil:1113,101 .................!t77t.PIIDIII:(~GIJ1....gm FIIII:(a)!I7-t171i CUENT: FIELD WORK' DA"IE:.03/12/04 PLOTTED DATE: t,4gr/29/2004 - 11:22:50 gm DRAWN BY: KW SCALE:,'..200' DR~~~~\EXHlIIITWI..x.dwg CHECKED BY' PROJ 2165.002 SHEET ---1...- OF" ---1..-