HomeMy WebLinkAboutResolution 3680 Annex Metcalf tract, 40 acres, Durston
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8~elley Vance-Gallatin Cc MT MISC 18.00
COMMISSIOfrRESOLUTI-ON NO,-36IDr-
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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 Gary Metcalf, owner
of the tract, 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 Tract A, C.O.S. 2389, located in the SE'!4,
Section 4, T2S, R5E, MPM, Gallatin County, Montana and generally located on northwest corner of the
intersection of Durston Road and Cottonwood Road extended and bound on the north side by the future
extension of Oak Street 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 August 13, 2003; and
WHEREAS, Commission Resolution No. 3614 was adopted by the City Commission on August
13, 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. 3614 was duly noticed and held
on September 22,2003; and
WHEREAS, on September 22, 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. 3614; 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, water and sewer
hookup fees and sewer capacity to said contiguous tract is the subject of a written agreement between
the City and Gary Metcalf, 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
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Sn.ll.v Vano.-Gallatin Co MT MISC 18.00
to the City of Bozeman and that the boundaries o(said City shall be exteriCied-sO as to-erribrace and
include such 39.92 acres of land, to wit:
A tract of land being described as Tract A, C.O.S. 2389, located in the SE1,4, Section
4, T2S, R5E, MPM, Gallatin County, Montana.
Section 2
The effective date of this annexation is May 1, 2004.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
March 4, 2004, by and between the City of Bozeman and Gary Metcalf.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 19th day of April 2004.
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LEGEIID: SUllMARY
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ANNEXATION MAP FOR METCALF PROPERTY
LOCATED IN THE SW114 T2S, R5E, P.M.M. GALLATIN COUNTY, MONTANA
BEl NG TRACT A 0 F CDS 2389; 39.919 ACRES
.-... tER nFICA TE OF SURVEY NO.
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P RFNCIP AL MERI DI AN. .....ON TAN A
GALLATIN COUNTY, MONTANA
DATE: 1 -20~O4 P L QiTED D A 1E ~ !IAtv f2 3/2DO.o; - Ol:2-E-:51 jJ!'!'l
SCALE: '''=200' DRAWING NAM[: H,\J1451\D01\ACAD\~E:Ct.IAP.cI.9
PROJ #: 3749,001 SHEeT ---'-- OF ---'--