HomeMy WebLinkAboutResolution 3589 Intent to annex Seventh Day Adventist tract, Haggerty Lane
COMMISSION RESOLUTION NO. 3589
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN.
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO
SAID CITY OF BOZEMAN.
AND HEREIN MORE
PARTICULARLY DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
WHEREAS. there has been presented to the City Commission of the City of Bozeman a written
application from Montana Association of Seventh Day Adventists, owners of the tract sought to be
annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as
to include within the boundaries of the City of Bozeman, Montana, a certain contiguous tract of land lying
between Haggerty Lane and 1-90 at Ellis Street extended; and
WHEREAS. the Director of Public Service has requested that the Haggerty Lane right-of-way
adjacent to the subject parcel be included in the annexation; and
WHEREAS. the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
A tract of land lying in the SWY4, SEY4 of Section 8, T2S, R6E, MPM, Gallatin County,
Montana, described on Page 1010, Film 71 of the Records of Gallatin County, and
lying between the northeasterly right-of-way line of the Haggerty Lane Frontage Road
and the southwesterly right-of-way line of Montana State Highway Project IIG 90-6(1)
303, and being further described as follows:
Beginning at a point on the south line of said Section 8, which point being the south
one-sixteenth corner of the SEY4 of said Section 8, and bears South 89054'41" West
a distance of 1325.42 feet from the southeast corner of said Section 8; thence
continuing South 89054'41" West on and along the south line of said Section 8, a
distance of 125.45 feet to a point where the south line of said Section 8 intersects the
northeasterly right-of-way line of the Haggerty Lane Frontage Road; then North 52025'
West on and along the northeasterly right-of-way line of the Haggerty Lane Frontage
Road, a distance of 1513.47 feet to a point where the northeasterly right-of-way line
of Haggerty Lane Frontage Road intersects the west line of the SWY4, SEY4 of said
Section 8, which point is 80.0 feet right when measured at right angles to Engineer's
Centerline Station 54+43.59; thence North 0021'39" West. a distance of 159.97 feet
to a point where the west line of the SWY4, SEY4 of said Section 8 intersects a point
400 feet distance southwesterly, when measured radially from Station 178+40.0 of
the Median Centerline of Montana State Highway Project IIG 90-6(1) 303; thence
south 63007'34" East a distance of 886.6 feet, more or less, to a point 160 feet
distance southwesterly of said Median Centerline, measured radially from Station
186+00; thence southeasterly and parallel to said Median Centerline along a curve
to the left of 2452.0 feet radius, 441.19 feet to a point 160 feet left when measured
radially from said Median Centerline at the curve to spiral Station 190+12.4, thence
southeasterly along the spiral curve to the left, deflection 1030'09", a distance of
150.41 feet to the intersection of said spiral curve, with the east line of the SWY4,
SEY4 of said Section 8; thence South 0000'40" East on and along the east line of the
SWY4, SEY4 a distance of 409.43 feet to the point of beginning; and
WHEREAS, this tract contains 9.036 acres of land, together
with the adjacent 4.91 acres of the
public right-of-way of Haggerty Lane, more or less, along with and subject to all existing easements of
record or of fact; and
WHEREAS, the above-described tract is the subject of plats
or Certificates of Survey, filed in
the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared and
submitted to the Commission;
and
WHEREAS, the Commission has duly reviewed and considered
said written annexation staff
report; and
WHEREAS, prior to annexation, an agreement between the City
and the owners of said tract
addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights
of way, easements, traffic signals, water rights or cash-in-lieu, waivers of right to protest creation of SIDs,
impact fees and water and sewer hookup fees, to said contiguous tract and other parcels directly affected
or impacted by this annexation, shall be fully executed; and
WHEREAS, it will be in the best interests of the City of
Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tract hereinbefore described to extend the boundaries of the City
of Bozeman so as to include said contiguous tract of land hereinbefore described within the corporate
limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
the City of Bozeman,
Montana:
Section 1
That it is hereby declared, subject to the condition that
the provision of the services to the
contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City
of Bozeman be extended so as to include the contiguous tract hereinbefore described within the
boundaries and corporate limits of the City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of
Bozeman, Montana, to be held in the
Commission Room in the Municipal Building of said City on the 12th day of May 2003, at 7:00 p.m., is
- 2 -
hereby designated as the time and place at which comments in favor of or opposed to the annexation
of the property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall:
a. Immediately notify in writing, addressed to the address
to which tax notices
are sent, all owners and purchasers under contract for deed
of the property
in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle,
the
newspaper nearest the parcel of land to be embraced within
the corporate
limits and boundaries of the City of Bozeman, at least once
a week for two
successive weeks.
Section 4
The notice to be given by the Clerk of the City Commission shall be to the effect that such
resolution has been duly and legally passed, and that the Clerk of the City Commission will receive
written comments of approval or disapproval of the proposed extension of the boundaries of the City of
Bozeman from real property owners of the area proposed to be annexed, and that the written comments,
if any, must be filed with the Clerk of Commission not later than 5:00 p.m. on Wednesday, May 7, 2003.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 14th day of April 2003.
4;1~
STEVE R. KIRC HOFF, Ma
ATTEST:
~./~
ROBIN L. SULLIVAN
Clerk of the Commission
-3-
._...._.. .n_ .. .._ _....__n___...____...._.._..
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 14th day of April 2003, Commission Resolution No. 3589 was duly and regularly
passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO
SAID CITY OF BOZEMAN,
AND HEREIN MORE
PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
The 9.036 acres of real property, together with the adjacent 4.91 acres of the publ ic right-of-way
of Haggerty Lane, proposed for annexation by Montana Association of Seventh Day Adventists, lying
between Haggerty Lane and 1-90 at Ellis Street extended, in the County of Gallatin, State of Montana,
is described as follows:
A tract of land lying in the SW'Y4, SE'Y4 of Section 8, T2S, R6E, MPM, Gallatin County,
Montana, described on Page 1010, Film 71 of the Records of Gallatin County, and
lying between the northeasterly right-of-way line of the Haggerty Lane Frontage Road
and the southwesterly right-of-way line of Montana State Highway Project IIG 90-6(1)
303, and being further described as follows:
Beginning at a point on the south line of said Section 8, which point being the south
one-sixteenth corner of the SE'Y4 of said Section 8, and bears South 89054'41" West
a distance of 1325.42 feet from the southeast corner of said Section 8; thence
continuing South 89054'41" West on and along the south line of said Section 8, a
distance of 125.45 feet to a point where the south line of said Section 8 intersects the
northeasterly right-of-way line ofthe Haggerty Lane Frontage Road; then North 52025'
West on and along the northeasterly right-of-way line of the Haggerty Lane Frontage
Road, a distance of 1513.47 feet to a point where the northeasterly right-of-way line
of Haggerty Lane Frontage Road intersects the west line of the SW'Y4, SE'Y4 of said
Section 8, which point is 80.0 feet right when measured at right angles to Engineer's
Centerline Station 54+43.59; thence North 0021'39" West, a distance of 159.97 feet
to a point where the west line of the SW'Y4, SE'Y4 of said Section 8 intersects a point
400 feet distance southwesterly, when measured radially from Station 178+40.0 of
the Median Centerline of Montana State Highway Project IIG 90-6(1) 303; thence
south 63007'34" East a distance of 886.6 feet, more or less, to a point 160 feet
distance southwesterly of said Median Centerline, measured radially from Station
186+00; thence southeasterly and parallel to said Median Centerline along a curve
to the left of 2452.0 feet radius, 441.19 feet to a point 160 feet left when measured
radially from said Median Centerline at the curve to spiral Station 190+12.4, thence
southeasterly along the spiral curve to the left, deflection 1030'09", a distance of
150.41 feet to the intersection of said spiral curve, with the east line of the SW'Y4,
SE'Y4 of said Section 8; thence South 0000'40" East on and along the east line of the
SW'Y4, SE'Y4 a distance of 409.43 feet to the point of beginning; and
For a period of twenty (20) days following the first publication of this Notice, the Clerk of
Commission will receive comments, in writing, of approval or disapproval of the proposed extension of
the boundaries of the City of Bozeman from the real property owner of the area proposed to be annexed.
The deadline for this written comment is 5:00 p.m. on Wednesday, May 7, 2003. In addition, a public
hearing shall be held on Monday, May 12,2003, at 7:00 p.m. in the Commission Room of City Hall, at
411 East Main Street, Bozeman, Montana, for the purpose of hearing testimony in support of or in
opposition to the annexation of the above-described real property.
DATED this 15th day of May 2003.
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Thursday, April 17, 2003
Thursday, April 24, 2003