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HomeMy WebLinkAboutResolution 3607 Annex Evangelical Free Church tract, S. 19th .'.',~.~ . .. ~if'/ COMMISSION RESOLUTION NO. 3607 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 Evangelical Free Church, 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 lying on the north side of Remington Way, west of South 19th 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 October 28, 2002; and WHEREAS, Commission Resolution No. 3555 was adopted by the City Commission on October 28, 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, a public hearing on Commission Resolution No. 3555 was duly noticed and held on November 25, 2002; 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, on November 25, 2002, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with Commission Resolution No. 3555; 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 Evangelical Free Church, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a plat or Certificate of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, the Bozeman City Commission herebyfinds 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. /' I ImllIW IIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIII ~:t~;~r~~, ~ Shelley Vance-Gallatin Cc MT MISC 18,121121 ---.-.-.---...--. .... .m. n__._..._.__. ______.. ... --.....---.-.-- .-. - .-.-------.....-..-...-.--.-.--- .. ------.---. --.-...-.-.-- -- . .. 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 0.7043 acres of land, to wit: A tract of land located in the Southeast ~ of Section 14, T2S, R5E, MPM, Gallatin County, Montana, being a portion of Parcel A, Certificate of Survey No. 1328A, and further described as follows: Beginning at the southwest corner of said Parcel A; thence NOoo08'24"E, a distance of 306.83 feet; thence N89059'20"E, a distance of 1 00.00 feet; thence SOoo09'14"W, a distance of 276.91 feet; thence SOoo04'30"W, a distance of 29.94 feet; thence N90000'00''Wa distance of 99.97 feet to the point of beginning, containing 0.7043 acres. Section 2 The effective date of this annexation is July 25, 2003. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated July 14, 2003, by and between the City of Bozeman and Evangelical Free Church. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of July 2003. , . STd.K~~ ATTES~;,^", .- ," I ,"'\ APP~S TO FORM: I ~...... ~ ~ - , . .~:.,. .... ~ -' t: ....... . j "\. -" 40: , PAUL J. LUWE City Attorney - 2 - III1II11111 ~IIIIIIIIIIIIIIIIIIIII' II111I11111I1111 ~;~&8:~. ~ Shallav Vanoa-Gallatln Co MT MISC 1B.00 ---- -.---..-.-----.-- -------.. -.,.---.....-......-.......- - -.--....------.-- --~~_._-- EVANGELICAL FREE CHURCH 1701 South 19th Avenue N a II) (I) .... -- \ i CO(l)~ BEARINGS ARE BASED ON THE RECORP -(I) I-- &Do: BE'ARING OF TIlE' SOUTH LINE' OF' TRACT I 10 - J; NORTH 89' 52' 4J" E'AST ~ Legal Description .... (I) ~ OF COS IJ28 AS IT WAS FOUNO MA~D 8J.02' ..10 ON THE GROUND. , .... _ N , C 111- i J :- N..... to< a.e "t. .--si . It) A tract of land located in the co! !!!!!!!!!!!!! IS! POINTS 2. 3. 4,9, 10, " 12, IJ, AND 14: 011) =GI AT E'ACH OF THE'SE POINTS I FOUND A 5/8 - D!AME:TtR IRON ;1::- Southeast Y.t of Section 14, T. =-1 .-: - BAR WlTIi A YELLOW PLASTIC CAP STAMPED ~6013S: :! 2 S., R. 5 E., M.P.M., - 0 .-- II) - ~ Gallatin County, Montana, =0 TRACT e, CDS 1245 TRACT B-/, CDS J245A -II) , E II .., being a portion of Parcel A, I ===~ Certificate of Survey No. === o! =u. 9 - 2; NORTH 89' J6' 50" EAST ~ 1328A, and further described - _I: I 142.87' - ~ I FO,'NT6; , ~ as follows: Beginning at the !!!!!!!!!!!!!:: I roUND A ~,/ i:J" DIAMC" TE: R Iii ON :s: south west comer of said = .; iBAR' WITH NO CAP, o~ UP. 26 - 9; NORTH 8S' 59' 20"EAST CURVE: Z - /0 (RP - PT 29) "t , -.- 100.00' 1 R = JOO.oo' L ~ 471.16' ~ Parcel A; thence N 00008' =-' ~ ~ 6 ; SOUTH 89' ~S' 2')" WEST 9 2 CHORD - N 44' .59' 57~ E I-- 24" E, a distance of306.83 = ~ '1 I /742.'" 424.2r ~ ~ feet; thence N 890 59' 20" E, -> . ~ -. It! =- :-~ a distance of 100.00 feet; .. C~ ~ -~