HomeMy WebLinkAboutResolution 3434 Annex Sandan/Davis tract
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Sn.ll.y Vano..Gallatin Co MT MISC 42.00
COMMISSION RESOLUTION-No~--3434-------------
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS 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 TRACTS.
WHEREAS, the City of Bozeman received a request for annexation from SANDAN, LLC,
and Ronald L. Davis, owners of the tracts sought to be annexed herein. requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous
tracts of land lying west of The Gallatin Center, east of Davis Lane and south of Valley Center
Road; 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
September 20. 1999; and
WHEREAS. Commission Resolution No. 3328 was adopted by the City Commission on
October 4. 1999. 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. 3328 was duly noticed and
held on November 1, 1999; 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 November 1, 1999, the Commission authorized and directed staft, upon
satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to
proceed with the annexation of these tracts in accordance with Commission Resolution No. 3328,
with a delayed effective date for annexation of the southwest corner of the subject tracts; 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 written agreements between the City
and SANDAN. LLC. and the City and Ronald L. Davis. record owners of the tracts; and
WHEREAS. said contiguous tracts are the subject of a plat(s) or Certificate of Survey(s),
filed in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of these
contiguous tracts is in the best interests of the City of Bozeman and the inhabitants thereof and
of the inhabitants of the contiguous tracts with a delayed effective date for annexation of the
southwest corner of the subject tracts containing existing structures.
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
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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 75.23:t acres of land, to wit:
Two tracts of land being more particularly described as follows:
Parcel 1
A tract of land being the easterly 765.00 feet of Tract 1 of Certificate of Survey
No. 2050, located in the Northwest Quarter of Section 35, Township 1 South,
Range 5 East, P.M.M., Gallatin County, Montana, as depicted on Exhibit "A",
attached hereto, and being more particularly described as follows:
Beginning at the North Quarter corner of said Section 35; thence South
00013'52" West, along the eastline of said Tract 1, a distance of 830.24 feet
to the southeast corner of said Tract 1; thence South 89044'23"West, along the
south line of said Tract 1, a distance of 765.03 feet; thence North 00013'52"
East, a distance of 830.43 feet to a point on the north line of said Section 35;
thence North 89045'14" East, along the said north line, a distance of 765.03
feet to the point of beginning.
The described tract contains 14.58 acres, more or less.
Parcel 2
A tract of land being a portion of Lot 2A of Minor Subdivision No. 145A and a
portion of Tract 2 of Certificate of Survey No. 2050, the herein described tract
being located in the Northwest Quarter of Section 35, Township 1 South, Range
5 East, Principal Meridian Montana, Gallatin County, Montana, as depicted on
Exhibit "B", attached hereto, and being more particularly described as follows:
Beginning at the southeast corner of the Northwest Quarter of Section 35, said
corner being marked by a found 2" brass cap; thence South 89041'58"West,
along the south line of said Lot 2A of Minor Subdivision No. 145A, a distance
of 1126.15 feet;
Thence in generally northwesterly and northerly directions
through the following 10 courses:
North 30022'19" West, 483.25 feet;
North 59037'41" East, 87.36 feet;
North 30022'19" West, 65.00 feet;
South 59037'41" West, 87.36 feet;
North 30022'19" West, 236.99 feet;
North 00013'52" East, 893.36 feet;
South 89046'08" East, 58.43 feet;
North 00013' 52" East, 60.00 feet;
North 89046'08" West, 58.43 feet;
North 00013'52" East, 194.08 feet
to a point on the south line of Tract 1 of Certificate of Survey No. 2050; thence
North 89044'23" East, along said south line, a distance of 1525.91 feet to a
point on the east line of the Northwest Quarter of Section 35; thence South
00013'52"West, along said east line, a distance of 1825.94 feet to the point
of beginning.
The described tract contains 60.65 acres, more or less.
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S~ellev Vance-Gallatin Cc MT MISC 42.00
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Section 2
That it is hereby de~lared 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 when water services to provide adequate
fire
protection have been extended to the subject parcel or by November 1, 2005, whichever
occurs
first, and that the boundaries of said City shall be extended so as to embrace
and include such
59.03::t acres of land, to wit:
A tract of land being Lot 1 A and a portion of Lot 2A of Minor Subdivision No.
145A, a portion of Tract 2 of Certificate of Survey No. 2050 and the property
described on the plat of record, Film 12, Page 1159, Gallatin County records.
The herein described tract is located in the Northwest Quarter and the
Southwest Quarter of Section 35, Township 1 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, as depicted on Exhibit "C",
attached hereto, and is more particularly described as follows:
Beginning at the west 1/4 corner of said Section 35; thence North 89041'24"
East, along the westerly line of Lot 1 A of Minor Subdivision No. 145A, a
distance of 30.00 feet; thence North 00009'17"East, along the west line of said
Lot 1 A,a distance of 360.24 feet, to a point on the south line of a plat recorded
on Film 12, Page 1159 of Gallatin County records; thence North 89048'56"
West, along the south line of said plat, a distance of 30.00 feet; thence North
00009'17" East, along the west line of Section 35, a distance of 1'49.89 feet;
thence South 89049'53" East, along the north line of said plat, a distance of
30.00 feet to a point on the west line of said Lot 2A; thence North 00009'17"
East, along said west line of
Lot 2A, a distance of 291.90 feet, to the
southwest corner of Lot 1, Minor Subdivision No. 145; thence North 89043'57"
East, along the south line of said Lot 1, a distance of 223.37 feet; thence North
00013'55"East, along the east line of said Lot 1. a distance of 195.10 feet, to
the northeast corner of said Lot 1; thence South 89042' 52" West, along the
north line of Lot 1 and its westerly prolongation, a distance of 253.63 feet;
thence North 00009'17" East, along the west line of Section 35, a distance of
830.93 feet, to the southwest corner of Tract 1 of Certificate of Survey No.
2050; thence North 89044'23" East, along the south line of Tract 1, a distance
of 1126.47 feet; thence in a generally southerly and southeasterly direction
through the following 10 courses:
South 00013'52" West, a distance of 194.08 feet;
South 89046'08" East, a distance of 58.43 feet;
South 00013'52" West, a distance of 60.00 feet;
North 89046'08" West, a distance of 58.43 feet;
South 0001'3'52" West, a distance of 893.36 feet;
South 30022'19" East, a distance of 236.99 feet;
North 59037'41' East, a distance of 87.36 feet;
South 30022'19" East, a distance of 65.00 feet;
South 59037'41" West, a distance of 87.36 feet;
South 30022'19" East. a distance of 483.25 feet;
to a point on the south line of Lot 2A, Minor Subdivision No. 145A; thence
South 89041'58"West, along said south line, a distance of 198.91 feet; thence
South 00013' 15"West, along the east line of said Lot 1 A, a distance of 331.47
feet; thence South 89041'44" West, along the south line of said Lot 1 A a
distance of 1324.60 feet; thence North 00010' 12" East, along the west line of
Lot 1 A, a distance of 331.34 feet, to the point of beginning.
The described tract contains 59.03 acres, more or less.
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Sn.ll.y V.no.~G.ll.tin Co MT MISC 42.00
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Section 3
The effective date of this annexation is April 20, 2001.
Section 4
The annexation of the above-described tract is subject to the terms of the Agreement
dated April 9, 2001, by and between the City of Bozeman and SANDAN. LLC. and the
Agreement
dated April 9. 2001. by and between the City and Ronald L. Davis.
PASSED AND ADOPTED by the City Commission of the City of Bozeman. Montana. at
a regular session thereof held on the 9th day of April 2001.
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Shelley V.noe-Gall.tin Co MT MISC
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Exhibit "A"
NORTH 27TH
AREA ANNEXATION
DAVIS
PROPERTY
A TRACT OF LAND BEING THE EASTERLY 765,00' OF TRACT 1 OF C.O.S. NO. 2050.
LOCATED
IN THE NORTHWEST OUARTER OF SECTION 35.
TOWNSHIP 1 SOUTH, RANGE 5 EAST. P.M.M.. GALLATIN COUNTY, MONTANA
ANNEXATION TRACT AREA: 14.58 ACRES
N 1/4 COR.,
SEC. 35
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1888.46' N89'4S'14"E
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Exhibit "B"
SMelley Vance-Gallatin Cc MT MISC 42.00
NORTH
27TH AREA ANNEXATION
SANDAN L.L,C,
PROPERTY - PARCEL
A
A TRACT
OF LAND BEING A PORTION OF LOT 2A OF MINOR SUBDIVISION NO, 145A.
AND A PORTION OF TRACT 2 OF C.O,S, NO. 2050, LOCATED IN THE NORTHWEST-OUARTER OF
SECTION 35,
TOWNSHIP
1 SOUTH. RANGE ~_~AST. P,M,M., GALLATIN COUNTY, MONTANA
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SEC. 35
SEC. 35
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Sn.ll.y Vano.-Gallatln Co MT MISC 42,00
NORTH 27TH
AREA AN N EXA TION
SANOAN L.L.C. PROPERTY
- PARCEL B
A TRACT OF LAND BEING LOT 1 A AND A PORTION OF LOT 2A OF MINOR SUBDIVISION NO.
145A,
A PORTION OF TRACT 2 OF C.OS NO.
2050 AND A PLAT RECORDED ON FILM '2, PAGE '159,
LOCATED IN THE NW
, /4 AND IN THE SW 1/4 OF SECTION 35, T1 S, RSE, P.M.M., GALLATIN COUNTY, MONTANA
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