HomeMy WebLinkAboutResolution 3638 Annex Mahar tract, 78 acres, S. 3rd St
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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
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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.
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Shelley Vanoe-Gallatin Co ~T ~ISC 24.0111
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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:
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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
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