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Home My WebLink AboutResolution 3606 Annex Christ the King Lutheran Church/Smith tract -" . COMMISSION RESOLUTION NO. 3606 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 Douglas Smith and Christ the King Lutheran Church, owners of two adjacent tracts, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying along the north side of Durston Road and east of its intersection with Flanders Mill Road 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 May 1, 2000; and WHEREAS, Commission Resolution No. 3359 was adopted by the City Commission on May 1, 2000, 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. 3359 was duly noticed and held on June 5, 2000; and WHEREAS, no objections to said annexation were raised at the public hearing; and WH EREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on June 5, 2000, 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. 3359; 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 Lot 1 of Minor Subdivision No. 253 is the subject of a written agreement between the City and Christ the King Lutheran Church, record owner of said 8.968-acre tract; and WHEREAS, said Lot 1 of Minor Subdivision No. 253 was annexed through adoption of Commission Resolution No. 3495 on the 10th day of December 2001; 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 F~~ J I IIIIIIIIII~II~~II~II~~IIIIIII ~11~lllm III ~:t~~8:~,~, .- Snelley Vanca-Gallatin CC MT MISC 24.00 - -.-.. .--- - ..-...---.-- -" 111111111111111111 1111111111111111111111111111111111111 ~~t~~~r~~: ~R . 8~elley Vanoe-aallatln Co MT MISC 24.00 .---.........---.. .--".--.......- hookup fees, to the remaining tract proposed for annexation, as described is the subject of a written agreement between the City and Douglas Smith, record owner of said tract; and WHEREAS, said tract, contiguous to the city, 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 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 20.302 acres of land of the 29.271 acres originally considered for annexation, to wit: A tract of land situated in the SE1/4SE1/4SW1/4 and the SW1/4SW1/4SE1/4 Section 3, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at the 1/4 corner common to Sections 3 and 10 in said Township and Range, said point being on the centerline of the Durston Road right-of-way; thence along the section line between said Sections 3 and 10 and said centerline N89059'30"W a distance of 664.23 feet; thence along the east line of Lot 1 of Minor Subdivision No. 253 NOoo50'29"E a distance of 670.07 feet to the northeast corner of said Lot 1; thence across an unplatted tract of land S89059'30"E a distance of 1320.84 feet and SOoo58'57"W a distance of 669.96 feet to a point on the section line between said Sections 3 and 10, said point also being on the centerline of said Durston Road right-of-way; thence along said section line and said centerline S89059'47"W a distance of 654.96 feet to the Point of Beginning. Said tract being 20.302 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 Douglas Smith. - 2 - -..----..--..-.- -. . 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. A-~ STEVEN R. KIRCH F, Mayor ~ R ,.. (. :l:J. .' ';;'.;;';;;:." Clerk otthe~Ctf"r~~m~:~~.<~: , . _,J~ '" .~i..~n~~~~~S~~~~t:<,~~~ ,) .. '\ ,- ~. ".:}. -' APPROVED AS TO FORM: III~~ IIIIIIIIIIIIIIII~ 111111 111111 I! 11I1111I11111 ~~u~r:~, ~ Sn.ll.y Vano.-Gallatln Co MT MISC 24.00 - 3 - ., ANNEXA TION MAP . .A TRACT OF LAND SITUATED IN THE SE1 /4SE1 /4SW1 /4 AND SW1/4SW1/4SE1/4 SECTION 3, T25, R5E, P.M.M., CI TY OF BOZEMAN, GALLA TIN COU N TY, MONTANA FOR: DOUG SMl1H 0ECEI08fIt. 2001 WDD. eoZEW.4H. ~TAN" 8"r:: ~1'ON EHGaN~ AHD !iURVE'r1HG N BASIS a: BEARING PROPOSED ANNEXA 11D1i1 90UNDARY BEAR:JNOS F"Cf': lHIS tAW ARE 9ASEn ON ------ (JIIStlNG CITY BOUNDARY thE WEST HALF ~ THE SOUni UN!: Of . &C~ON , ~[JNQ ......."'... ~OS5 AR(A: 20.302 ACR(s ~ ... tJcrs1tHG :zoteIQ CClJNTY lOf'fING OIS'mlCT 1 , mllNFR ... APPIIr.1HT PROPOSED ZDHlNG: QTY r:I BOZD4AH (R3-A) DOUG. sulm 4!121 DUfItSTON ROAD 9On1&AN. WI 58715 589'59'30"E 1320.84' -------- }.... CD 0 m 0 DOUGLAS L. SMITH (1) r-- UNPLA TTED CD CD 20.302 ACRES to W 3: = II ()) ,...... ('II J,{) a Co ~ I() 0 b 0 Point of 0 z VJ Beginning S1/4 SEC 3 FND 5/8" REBAR --- - --- - - -- - - - -- -- - - .:-1- - - - - - - - 10 ,-589'59'47 W-654.96-; - --;