HomeMy WebLinkAboutResolution 3505, Annex 18.7 acres, formerly 16.92 acres, 3017-3205 W. Babcock
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COMMISSION RESOLUTICI\fNO.3505
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 Gary and Dorothy
Butcher; Frank and Dora Harrington; and Daryl Todd, Richard Davis and David Davis, the owners of three
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 West Babcock Street, east of
Valley Drive, 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 August 13, 2001; and
WHEREAS, Commission Resolution No. 3465 was adopted by the City Commission on August
1, 2001, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as
to include said contiguous tracts within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3465 was duly noticed and held on
September 17, 2001; and
WHEREAS, seven people spoke in objection to said annexation 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 September 24, 2001, the Commission authorized and directed staff, upon
satisfaction of the terms of approval, to prepare the necessary documents to proceed with the annexation
of this tract in accordance with Commission Resolution No. 3465; and
WHEREAS, the original application and subsequent documentation, including the resolution
of
intent to annex, described the acreage of the tract as "16.92 acres of land, more or less", which requires
amendment to read "18.7 acres"; and said amendment will not constitute a substantive change to the
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City's duly noticed proposal to extend the boundaries of said city to include the
contiguous tract within the
corporate limits of the city; and
WHEREAS, the provision of available services including, but not limited to, water
rights or cash
in lieu, waivers of protest against creation of SID's and water and sewer hookup
fees, is the subject of a
written agreement between the City and Gary and Dorothy Butcher; Frank and Dora
Harrington; and Daryl
Todd, Richard Davis and David Davis, record owners of said tracts; and
WHEREAS, said tracts are 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 is further described below;
and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of the tracts
described herein is in the best interests of the City of Bozeman and the inhabitants
thereof and of the
inhabitants of the 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 18.7 acres of land, to wit:
Harrinaton Property:
All that portion of the S %, NW ~ of Section 11, Township 2 South, Range 5 East,
within
the following metes and bounds, to-wit:
Beginning at a point in the South line of the S %, NW ~ of Section 11, T2S, R5E,
said
point being 665.4 feet East of the Southwest corner thereof; thence North 1335.87
feet,
more or less to a point in the North of said S %, NW ~, said point being 708.4
feet East
of the Northwest corner thereof; thence East along the North line of said S %,
NW ~ 330
feet; thence South 1335.56 feet, more or less, to the South line of said S %, NW
~; thence
West along said South line 330 feet to the place of beginning: EXCEPTING THEREFROM,
the following described tract:
Beginning at a point 910.4 feet, more or less, East of the Southwest corner of
the S }'2, NW
~; thence North 230 feet to a point; thence East 85 feet to a point; thence South
230 feet
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to a point; thence West 85 feet to the point of beginning, all of the above being
within the
S1/2, NW % of Section 11, T2S, R5E, PMM, Gallatin County, Montana, according to
the
survey recorded in Book 138 of Deeds, page 326. Aforesaid parcel of land being
previously
described in Warranty Deed recorded in Film 35, page 1633, records of Gallatin
County,
Montana.
T odd and Butcher Property:
All that portion of the S }'2, NW % of Section 11, Township 2 South, Range 5 East,
PMM,
within the following metes and bounds, to-wit:
Beginning at a point in the South line of the S %, NW % of said Section 11, T2S,
R5E, said
point being 995.4 feet East of the Southwest comer thereof; thence North 1335.56
feet,
more or less, to a point in the North line of said S %, NW 1/4, said point being
1038.4 feet
east of the Northwest comer thereof; thence East along the North line of said S
Yz, NW %,
330 feet; thence South 1335.25 feet, more or less, to the South line of said S
Yz, NW %;
thence West along said South line 330 feet, to the place of beginning. (Deed Reference
in Book 104 of Deeds, Page 335, records of Gallatin County, Montana.)
EXCEPT THAT a parcel of land described as follows will be excluded from the annexation:
Beginning at a point which bears North 89024' East, along the South line of the
said S %,
NW %, a distance of 1188.4 feet from the West one quarter comer of said Section
Eleven
(S 11),
Thence North 0046' East a distance of 349.50 feet,
Thence North 89027' East a distance of 137.0 feet,
Thence South 0046' West a distance of 349.50 feet,
Thence South 89024' West along the South line of said S %, NW %, a distance of
137.0
feet to the point of beginning, containing 1.10 acres, more or less.
Section 2
The effective date of this annexation is March 1 , 2002.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated
February 11,2002, by and between the City of Bozeman and Gary and Dorothy Butcher;
Frank and Dora
Harrington; and Daryl Todd, Richard Davis and David Davis.
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Shelley Vanoe-Gallatin Co MT MISC
31/1.1/11/1
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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 19th day February 2002.
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ATTEST:
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ROBIN L. SULliVAN .
Clerk of the.C-ommi$~_on .
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APPROVED AS TO FORM:
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EXHIBIT
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BUTCHER,
HARRINGTON,
TODD &
DAVIS
ANNEXATION
LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M.
GALLATIN COUNTY, MONTANA
COMPUTED AREA: 18.7 ACRES
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