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HomeMy WebLinkAboutResolution 3542 Annex Westlake tract, WalMart ~ .~ ; IIIII~IIIIIIIIIIII ~III illll 11111 III mil 1111 1111 ~~;~~~~ ~p @tTI:~V Shelley Vanoe-Gallatin Co MT MiSe 24.00 COMMISSION RESO[UTIONlilO. 3542 _____m -----... 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 George E. Westlake and Kay H. Martinen, owners 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 being 2.573 acres of a 22.842-acre parcel lying east of the WalMart store along the north side of West Oak Street and south side of Interstate 90 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 tb the Commission on November 15, 1999; and WHEREAS, Commission Resolution No. 3336, declaring it to be the intent ofthe City of Bozeman to extend the boundaries of said City so as to include the 2.573-acre portion of said contiguous tract within the corporate limits of the City failed on a vote of 2 to 3; and WHEREAS, Commission Resolution No. 3339 was adopted by the City Commission on December 20, 1999, declaring it the intent of the City of Bozeman to extend the boundaries of said City so as to include the entire 22.842-acre contiguous tract within the corporate limits of the City; and WHEREAS, a public hearing on Commission Resolution No. 3339 was duly noticed and held on January 18, 2000; 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 January 18, 2000, 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. 3339; 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 George E. Westlake & Kay H. Martinen, record owners of the tract; and ----......---. , I Dilllllll~1111111111111111111111111111111111111111 ~~~:12:~ ~ . . Shelley Vance-GallatIn Cc MT MISC 24.00 WHEREAS, said contiguous tract is the subject of a plator Certificate of Survey,fHeCfTrlthe 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 such 22.842 acres of land, to wit: A tract of land described in Film 81, Page 543, Records of Gallatin County, situated in theNE1/48ection 1, T28, R5E, and in the NW1/4Section 6, T2S, R6E, P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at a point which bears N37059'04"W a distance of 83.09 feet from the 1/4 corner common to said Sections 1 and 6, said point being the southeast corner of Lot 2A of Minor Subdivision No.1 09B; thence along the east line of said Lot 2A and Lot 1 of Minor Subdivision NO.1 09 N01 016'30"E a distance of 952.37 feet to a point on the southerly right-of-way line of Interstate 90; thence along said right-of-way line S72017'38"E a distance of 324.41 feet and along a non-tangent curve to the right having a radial bearing of S17044'19"W and a radius of 22,795.00 feet a distance of 1 096.81 feet to the northwest corner of Tract 2 of Certificate of Survey No. 2128B; thence along the westerly line of said Tract 2 S01026'44"E a distance of 372.92 feet and 847004'50"W a distance of207.62 feet to a pointon the north right-of-way line of West Oak Street; thence along said right-of-way line along a non-tangent curve to the left having a radial bearing of 807049'32"W and a radius of 994.93 feet a distance of 126.23 feet and N89026'37"W a distance of 1 098.07 feet to the Point of Beginning. Said tract being 22.842 acres. Section 2 The annexation of the above-described tract is subject to the terms of the Agreement dated September 23,2002, by and between the City of Bozeman and George E. Westlake & Kay H. Martinen. Section 3 The effective date of this annexation is October 5,2002. - 2 - ------ -----. - --------- ! 111111111111111111111111111111111111111111111111111111 ~2~~~:~: .- Sh.ll.y V.no.-Gallatin Co MT MISC 24.1818 PASSED AND ADOPTED by the CityCommlssibn of the Cityot Bozeman, Momamr,cu a regUlar session thereof held on the 23rd day of September 2002. S~d-R~ - 3 - ---- .--.- -- - -- - --. ..-."....--". -. ---_.__..._- 0 IIIIIIII~IIIIII ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~~ ~p ~ .. . . Shelley Vanoe-Gallatln Co MT MISC 24.00 ANN~XATION MAP AN UNPLA TIED TRACT OF LAND BEING THE TRACT OF LAND DESCRIBED IN FILM 81. PAGE 543. RECORDS OF GALlA TIN COUNTY. SITUATED IN THE NE1/4 SECTION 1. T2S. R5E, AND IN THE NW1/4 SECTION 6. T2S. R6E. P.MjA.. GALLATIN COUNTY. MONTANA ~ fO.'~: GEORGE M:S1LAKE &: KAY t.1AR1JNEN AUGUST, 2002 BY: GASTON ENGINEERING ANO SURVEYING BOZE~AN, MONTANA SCALE: 1"=200' DESCRIPTION A trod or iond being lhe lrod of lond described in Film 61, Poge 543, Record" of GullaHn County, situoted in lhe NE1/4 Section 1, T2s, R5E. and in the NWI/4 Section 6, T25, R6E, P.M.M.. Gallatin County, Montano. ond being further described os follows: Beginning at a point which bears N3759'Q4"W a distance of 83.09 feet from the 1/4 comer common to said Sections 1 and 6, said point being the southeast corner of Lot 2A of Minor Subdivision No. 109B; thence oIoog the east line of BOid Lot 2A and Lot 1 of Minor Subdivision No. 109 N0116'30"E _TY MAP a distonce of 95237 feet to a point on the southerly right-of-way line of Interstate 90; thence along said right-of-way line 5721738"E a distance of 324.41 teet and along a non-tangent curve to the right having a radial bearing of SIT44'19"W and a radius at 22,795.00 feet a distance of 1096.31 teet to the northwest comer ;if Tract 2 at CMtlftcate at Survey No. 21238; thence along the westerty line of said Tract 2 S01"'26'44"E a distance of 372.92 feet and 54T04'SO"W a distance of 207.62 teet to 0 point on the north right-at-way line ot West Oak Street; lhence along said right-of-way line along a non-tong""t curve to the left having Q radial bflaring of SOT49'32"W and Q ..adius of 994.93 feet a distance of 126.23 teet and N89"26'37"W a distance of 1098:.07 feet to the Point of Beginning. Soid trQct being 22.842 acres. I r-+-1/r ~~~ ~'4"7?N ; '''c41~' _ 9,....95 OF ~e I =~~ kl II f ~ BEARINGS FOR THIS EXHIBIT ARE BASED ON THE EAST UNE OF ~'81 WINOR SUBOIVlSlON No. 109 BEING I ~ NLJl ~ NOI16'30"E ..~ 01) 3~' ~ :t --~- ... .......- ..--- , ~1 RS ZONNG 1 ....-........ (COUNTY) ~ i~ re; ~ ~ Wi i1:1~] ...---. ~~__ q I: AUG 1 6 ","'' I ~ ~~~ l ':"'.,,~ QEtIIIR" E; ~ I..Lu.. m i~ KAY _~ ~ {;~ 1m RUI tn, PG. !UJ DEPARTMENT OF PLAN~iING ... ~ I ~ tit .::::..~ 2Z.MZ N:IIES AND COMMUNI fY I)[VtLQf'l'.'iFfH r ~. I ~~ 1 [~j; ) ~ "; PIlI UI".... ... "~ .) t: :MIIKW .,.,.. 1It"~ I · f].......--.. ~; ... ,.."".... I'll j--- ;-~"