HomeMy WebLinkAboutResolution 3700 Annex Wheeler tract
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COMMISSION RESOLUTION NO. 3700
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 Wilda Wheeler, 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 tract of land located in the
Southwest one-quarter of Section 1, Township 2 South, Range 5 East of the Principal Meridian of
Montana, Gallatin County, Montana, and being generally described as 1409 Durston Road; 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 27,2003; and
WHEREAS, Commission Resolution No. 3636 was adopted by the City Commission on October
27,2003, 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. 3636 was duly noticed and held
on November 24, 2003; and
WHEREAS, on November 24, 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. 3636; and
WHEREAS, the provision of available services, including, but not limited to, waivers of protest
against creation of SID's, impact fees and water and sewer hookup fees to said contiguous tract is the
subject of a written agreement between the City and Wilda Wheeler, 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 0.8206 acres of land, to wit:
Commencing at the Southwest corner of said Section 1 .
Thence South 89010'48" East along the South line of said Southwest quarter a
distance of 1234.15 feet; thence South 88058'38" East along the South line of said
Southwest quarter a distance of 183.18 feet to the True Point of Beginning.
Thence South 88058'38" East along the South line of said Southwest one-quarter, a
distance of 183.19 feet.
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Thence North 02015'36" West along the easterly line of a tract conveyed in Book 139,
Page 515, a distance of 195.46 feet.
Thence North 88058'38" West along the northerly line of said tract, a distance of
183.19 feet.
Thence South 02015' 36" East along the westerly line of said tract, a distance of
195.46 feet to the True Point of Beginning.
Said tract of land being 0.8206 acres along with and sUbject to all existing
easements; and
Section 2
The effective date of this annexation is August 1, 2004.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated July
19, 2004, by and between the City of Bozeman and Wilda Wheeler.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 19th day of July 2004.
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. A REW !4tRARO. Mayor
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ATTEST: . ..c. .-
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APPROVED AS TO FORM:
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TIMO HY A. COOPE
Acting City Attorney
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WHEELER ANNEXATION MAP
BEING THAT PARCEL ~BED IN BOOK 139, PAGE 515 "
LOCAlED IN THE sWK Of SECTION 1, ~SHlP 2 SOUTH, RANGE 5 EAST, P.M.M,
CITY OF BOZEMAN. GALLATIN COUNTY. MONTANA
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