HomeMy WebLinkAboutResolution 4017, Genesis Business Park II Annexation Agreement, GianforteCity of Bozeman-City Clerk 2380903
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Charlotte Mills Gallatin Cownty, MT MISC
Bozeman, MT 59771-1230 11111111111111111 IT 1111111 1111111111111111111111111111111111111111111111111111 Iff
COMMISSION RESOLUTION NO. 4017
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 Greg and Susan
Gianforte, owners of a tract of land, requesting the City Commission to extend the boundaries of the City
of Bozeman so as to include a certain contiguous tract of land lying west of South 19"' Avenue, east of
Meadow Creek Subdivision, Phase One, and approximately one-half mile south of Stucky Road in the
County of Gallatin, State of Montana; and
WHEREAS, Greg and Susan Gianforte are the current landowners of record of property
described as Lot I of Minor Subdivision No. 235 situated in the NEIA of Section 23, Township 2S,
Range 5E, PMM, Gallatin County, Montana, requesting the City Commission to extend the boundaries
of the City of Bozeman; 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 November 6,
2006; and
WHEREAS, a Resolution of Intent to Annex was adopted by the City Commission on August
21, 2006 as Item 2 of the Consent Agenda, 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 said Commission Resolution of Intent to Annex was duly
noticed and held on November 6, 2006; and
WHEREAS, no members of the general public expressed objections 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 August 21, 2006, 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 said Commission Resolution Ne. 3919; 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 as described is the subject of a written agreement between the City
and Greg and Susan Gianforte; and
WHEREAS, said contiguous tract is described as described as being Lot I of Minor
Subdivision No. 235, situated in the NEIA of Section 23, Township 2 South, Range 5 East, M.M.M
Gallatin County, Montana; 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 tTact.
NOW, THEREFORE, HE 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 19.998 acres of land, to wit.
A tract of land being Lot 1 of Minor Subdivision No. 235, situated in the NEI /4 of Section 23,
Township 2 South, Range 5 East, M.M.M., more particularly described as follows:
Beginning at point on the westerly right-of-way limit of South 19"' Avenue, said Point of
Beginning being the southeast comer of Tract I of Certificate of Survey No. 1969; thence
through the following three courses along said limit: 1) S 00 W, a distance of 370.50
feet, 2) N 89 W, a distance of 10.19 feet, 3) S 00'35'04", a distance of 333.47 feet to
the north line of Lot 2 of Minor Subdivision 235; thence N 88'53'30" W, a distance of 1222.42
feet to the East 1/16' line of Section 22, thence N 01'02"22" E, a distance of 717.98 feet;
thence S 88'14'21" E, a distance of 1227.97 feet to the Point of Beginning.
2
WHEREAS, the City did not receive any written protest from the real property owners of the
area to be annexed; and
WHEREAS, on August 21, 2006, 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 said Commission Resolution Ne. 3919; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way,
casements, water rights or cash in lieu, waivers of protest against creation of 'Sib's and water and sewer
hookup fees, to said contiguous tract as described is the subject of a written agreement between the City
and Greg and Susan Gianforte; and
WHEREAS, said contiguous tract is described as described as being Lot I of Minor
Subdivision No. 235, situated in the NEI/4 of Section 23, Township 2 South, Range 5 East, M.M.M
Gallatin County, Montana; 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,
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 19,998 acres of land, to wit:
A tract of land being Lot I of Minor Subdivision No. 235, situated in theNEl/4 of Section 23,
Township 2 South, Range 5 East, M.M.M., more particularly described as follows:
Beginning at a point on the westerly right-of-way limit of South 19"' Avenue, said Point of
Beginning being the southeast comer of Tract I of Certificate of Survey No. 1969; thence
through the following three courses along said limit: 1) S 00'43'03" W, a distance of 370.50
feet, 2) N 89 W, a distance of 10.19 feet, 3) S 00'35'04", a distance of 333.47 feet to
the north line of Lot 2 of Minor Subdivision 235; thence N 88'53'30" W, a distance of 1222.42
feet to the East 1/16"' line of Section 22, thence N 01'02"22" E, a distance of 717.98 feet;
thence S 88 °14'21" E, a distance of 1227.97 feet to the Point of Beginning.
2
Said parcel contains 1.9.998 acres more or less, and is subject to all existing easements of
record or apparent on the ground; and
Section 2
The effective date of this annexation is June 1. 8, 2007.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
February 9, 2007, by and between the City of Bozeman and Greg and Susan Gianforte, owners of said
tract of land.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 18th day of June 2007,
F F K S
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