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HomeMy WebLinkAboutResolution 3638 Annex Mahar tract, 78 acres, S. 3rd St -----... . -, COMMISSION RESOLUTION NO. 3638 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 Mahar of Mahar Montana Homes, L.L.C., on behalf of Con & Daphne Gillam Revocable Trust, owner of the tract to be annexed herein, 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 South Third Avenue, south of Allison Subdivision, Phase II, and north of the Sacajawea Middle School 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 April 8, 2002; and WHEREAS, Commission Resolution No. 3513 was adopted by the City Commission on March 11, 2002, 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, the public hearing on Commission Resolution No. 3513 was duly noticed and opened on April 8, 2002, at which time it was continued to and held on April 22, 2002; and WHEREAS, in response to questions and issues raised during that hearing, the public hearing was subsequently continued to May 13, 2002, at which time the public hearing was concluded; 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, the City received public testimony and written testimony expressing concern with future development of said annexation request and potential impacts with traffic, affordable housing, and land use patterns; and WHEREAS, on May 13, 2002, 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. 3513; and WHEREAS, the initial request for annexation included 74.2569 acres of land; and WHEREAS, a requirement for acceptance of the annexation was that the adjacent remaining right-of-way for South Third Avenue and the former railroad bed be included in this annexation; and WHEREAS, the inclusion of those rights-of-way result in annexation of 78.3089 acres; and WHEREAS, the tract was subsequently conveyed to Mahar Montana Homes, L.L.C., current record owner of .said tract; 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 Joe Mahar of Mahar Montana Homes, L.L.C., record owner 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 Ji/ 111111111111111111111111111111111111111111111111111111I ~~t~~r:?~p r PtA T12~'1 Shelley Vance-Gallatin Cc MT MISC 24.00 .-.-.------..-.. -.--------- ~ . 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 78.3089 acres of land, to wit: A tract of land being the West Half of the Southeast Quarter, the Northeast Quarter of the Southwest Quarter, and that part of the west 50.00 feet of the East Half of the Southeast Quarter of Section 24, lying north of the north line of Certificate of Survey No. 482 and its easterly extension, located in Township 2 South, Range 5 East of P. M. M., Gallatin County, Montana, including the abandoned 50 foot wide right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, conveyed by Deed recorded on Film 98, Page 3879. records of the office of the Clerk and Recorder, Gallatin County, Montana, EXCEPT the following described tracts: EXCEPTION NO.1: the north 15 rods (247.5 feet) of said West Half ofthe Southeast Quarter except the east 50.00 feet thereof. EXCEPTION NO.2: the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter EXCEPTION NO.3: Certificate of Survey No. 482, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and containing 28.759 acres Said property is more particularly described as follows: Commencing at the South Quarter Corner of said Section 24; thence northerly 000014'01", assumed azimuth from north, 990.06 feet along the west line of the Southeast Quarter of said Section 24, to the northwest corner of Certificate of Survey No. 482 and the point of beginning of the property to be described; thence continuing northerly 000014'01" azimuth 326.82 feet along said west line; thence westerly 269002'57" azimuth 1337.96 feet along the south line of the Northeast Quarter of the Southwest Quarter of said Section 24; thence northerly 359048'24" azimuth 1082.37 feet along the west line of said Northeast Quarter of the Southwest Quarter; thence easterly 089008'24" azimuth 1345.99 feet along the south line of the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter; thence easterly 089047'24" azimuth 1276.79 feet along the south line of the north 15 rods (247.5 feet) of the Northwest Quarter of the Southeast Quarter, said Section 24; thence northerly 000010'00" azimuth 247.50 feet; thence easterly 089047'57" azimuth 50.00 feet along the north line of the Northwest Quarter of the Northeast Quarter of said Section 24; thence easterly 089017'33" azimuth 50.00 feet along the north line of the Northeast Quarter of the Northeast Quarter of said Section 24; thence southerly 180010'00" azimuth 1650.62 feet along the east line of the west 50.00 feet of the West Half of the Southeast Quarter of said Section 24; thence westerly 269036'10' azimuth 1378.47 feet along the north line of Certificate of Survey No. 482 to the point of beginning. Said tract of land being 3,411,134 square feet or 78.3089 acres more or less along with and subject to any and all existing easements. IIIIIIIIIIIIIIII~~ 1IIIInl ~III~II~IIIII ~;~~~?~ Shelley Vanoe-Gallatin Co ~T ~ISC 24.0111 n.. - 2 - -----------.. 0__.'_.__ .__.____..__.____. __.___._._..____________.___.____ - .n _. ..__.. ---..-.-.-.-- -..- , . Section 2 The effective date of this annexation is December 5, 2003. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated November 4,2003, by and between the City of Bozeman and Mahar Montana Homes, L.L.C.. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of November 2003. A~ STEVEN R. I ~--- APPROVED A~O FORM: /~ IIII HIIIIIIIIIIIIII IIIIIII~ III 11111111111 ~~t~~8?: Shallav Vance-Gallatin Cc MT MISe 24.00 --. . - 3 - -. ..- ......-.----..-.---.--..--.-- ...-.---..- MAHAR N#EXA TION MAP LOCATED IN 11/e SW 1/4 AND IN 11/e se 1/4 OF secTION 24, T. 2 5., R. 5 E. ZONED R-1 OF P.M.M., GAllA TIN COUNTY. MONTANA I 1 COS NO 252 FIGGINS ADDITION . 4th PHASE . FARM W 1/4 Cor. See. 14 f/16 Cor. - - - - -2~- _ _ . - - - - - - - ---- -------I'<!8;;;---- Ic/'~- EI/4Cor. Sec. 14 1348../'!!1 .. ' .~ 'T \orUf. ! 0$9'09'06" 0 QB9W'OO. r::..1 ~ I I j.'1 cas NO. 7112 'ONr-O R-~ ... TRAcT p, :;: L. C. - L ~ COSNO.793 i 1 ('01 089'08'24-" I 'REJ..JI.:INIJER ~~ 1~M 1 I s I~. of M IS __ (247.S n) 01 ME 1/"- sw 1/4. See. 24 "I gnI r I I E>dotin~ flam. I 1 I ' fI. I 1 ~ONING: ' R2 I ~ I ' .. '" ~ NF 1! 4 SW 1 /4 I / I ';:! ~fi G;'i ~ - . 'I NW 1/4, SE 1/4 @ I~..... !PN .t:II . . ~~ ~~ I I 1- ~ "' _:. MAHAR E I~. of W 50.00 - of E 1/2. 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