HomeMy WebLinkAboutResolution 3513, Intent to annex Mahar tract
COMMISSION RESOLUTION NO. 3513
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 INHABIT ANTS 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 Joe Mahar of Mahar Montana Homes, L.L.C., on behalf of Con & Daphne
Gillam
Revocable Trust, owner 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 along the west side
of South Third Avenue,
south of Allison Subdivision, Phase II, and north of the Sacajawea Middle School;
and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of
Montana, is as follows:
The West Half of the Southeast Quarter, and the Northeast Quarter of the Southwest
Quarter of Section 24, 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 of the Southeast Quarter 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 EXCEPTION NO.4: the east 50.00 feet of that part of
the West Half of the Southeast Quarter of Section 24, Township 2 South, Range 5
East of P.M.M., lying south of the north 15 rods (247.5 feet) of said West Half
of the
Southeast Quarter, and lying north of the north line of Certificate of Survey No.
482.
Said property is more particularty described as follows: Commencing at the South
Quarter Corner of said Section 24; thence northerly 000016'47", 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 000016'47" azimuth
329.72 feet along said west line; thence westerly 268052'53" azimuth 1338.00 feet
along the south line of the Northeast Quarter of the Southwest Quarter of said
Section 24; thencenortherty 359050'29" azimuth 1078.42 feet along the west line
of
said Northeast Quarter of the Southwest Quarter; thence easterty 089009'00" azimuth
1346.12 feet along the south line of the north 15 rods (247.5 feet) of said Northeast
Quarter of the Southwest Quarter; thence easterly 089048'24" azimuth 1276.67 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 southerly 180011'21" azimuth 1402.48
feet along the west line of the east 50.00 feet of the West Half of the Southeast
Quarter, said Section 24, per Quitclaim Deed to the City of Bozeman, Film 179,
Page
802; thence westerly 269049'44" azimuth 1278.88 feet along the north line of
Certificate of Survey No. 482 to the point of beginning. Area = 3,234,630 square
feet,
74.25690 acres or 300,506.8 square meters. Subject to existing easements.
WHEREAS, this tract contains 74.2569 acres of land, more or less, along with and
subject to
all existing easements of record or of fact; and
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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
and
WHEREAS, an annexation staff report has been prepared and submitted to the Commission;
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 SIOs,
impact fees, water and sewer hookup fees, affordable housing, and urban design
guidelines outlined in
the Bozeman 2020 Community Plan, 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.
Montana:
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
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 8th day of April,
2002, at 7:00 p.m., is
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, April 3, 2002.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 11 th day of March 2002.
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ATTEST:
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R N L. SULLIVAN
Clerk of the Commission
APPROY.;P AS TO FORM:
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of
Bozeman held on the 11 th day of March 2002, Commission Resolution No. 3513 was
duly and regularly
passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS 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 74.2569 acres of real property, proposed for annexation by Joe Mahar of Mahar
Montana
Homes, L.L.C., on behalf of the Con & Daphne Gillam Revocable Trust, lying along
the west side of
South Third Avenue, south of Allison Subdivision, Phase II, and north of Sacajawea
Middle School, in
the County of Gallatin, State of Montana, is described as follows:
The West Half of the Southeast Quarter, and the Northeast Quarter of the Southwest
Quarter of Section 24, 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 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 EXCEPTION NO.4: the east 50.00 feet of that part of
the West Half of the Southeast Quarter of Section 24, Township 2 South, Range 5
East of P.M.M., lying south of the north 15 rods (247.5 feet) of said West Half
of the
Southeast Quarter, and lying north of the north line of Certificate of Survey No.
482.
Said property is more particularly described as follows: Commencing at the South
Quarter Comer of said Section 24; thence northerly 000016'47", assumed azimuth
from north, 990.06 feet along the west line of the Southeast Quarter of said Section
24, to the northwest comer of Certificate of Survey No. 482 and the point of beginning
of the property to be described; thence continuing northerly 000016'47" azimuth
329.72 feet along said west line; thence westerly 268052'53" azimuth 1338.00 feet
along the south line of the Northeast Quarter of the Southwest Quarter of said
Section 24; thence northerly 359050'29" azimuth 1078.42 feet along the west line
of
said Northeast Quarter ofthe Southwest Quarter; thence easterly 089009'00" azimuth
1346.12 feet along the south line of the north 15 rods (247.5 feet) of said Northeast
Quarter of the Southwest Quarter; thence easterly 089048'24" azimuth 1276.67 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 southerly 180011'21" azimuth 1402.48
feet along the west line of the east 50.00 feet of the West Half of the Southeast
Quarter, said Section 24, per Quitclaim Deed to the City of Bozeman, Film 179,
Page
802; thence westerly 269049'44" azimuth 1278.88 feet along the north line of
Certificate of Survey No. 482 to the point of beginning. Area = 3,234,630 square
feet,
74.25690 acres or 300,506.8 square meters. Subject to existing easements.
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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, April 3, 2002.
In addition, a public
hearing shall be held on Monday, AprilS, 2002, 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 12th day of March 2002.
{loLJ ~
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, March 14, 2002
Thursday, March 21,2002