HomeMy WebLinkAboutResolution 3425 Annex Walter/Cook, 35.379 acres, Durston
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Snelley Vanoe-Gallatin Co MT MISC 18.00
COMMISSION RESOLUTION NO-;-3425-
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 Gene Cook on
behalf of Roy T. Walton, owner 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 lying along
the south side of West Oak Street, north of Durston Road, east of Homesites Subdivision, and west
of the Gallatin County Rest Home 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 October
18, 1999; and
WHEREAS, Commission Resolution No. 3330 was adopted by the City Commission on
October 18. 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 tract within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3330 was duly noticed and
held on November 15, 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 15, 1999, 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 Commission Resolution No. 3330; 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 the personal representative of the estate of Roy T. Walton, deceased, and Gene E. Cook,
record owners of the tract; and
WHEREAS. said contiguous tract is the subject of a plat or Certificate of Survey,
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 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 35.375 acres of land, to wit:
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2032429
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Shelley Vance-Gallatin Cc MT MISC 18.00
Five tracts of land being Certificate of Survey No. 2085 located i-n the 'sW 1/4
of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana, being 35.379 acres
along with and subject to any existing easements, and being further described
as follows:
Commencing at the South one-quarter corner of said Section 1. Thence North
88058'57"West along the South line of said Southwest quarter a distance of
899.47 feet to the Point of Beginning.
Thence North 88OS8'57" West along the South line of said Southwest one-
quarter, a distance of 183.33 feet.
Thence North 02015'36"West along the
easterly line of a tract conveyed in book 139, page 515, a distance of 195.46
feet.
Thence North 88058'57" West along the northerly line of said tract, a
distance of 183.50 feet. Thence South 02015'36"East along the westerly line
of said tract, a distance of 195.46 feet. Thence North 88058'57" West along
the South line of said Southwest one-quarter, a distance of 183.20 feet. Thence
along the easterly line of Homesites Subdivision the following two courses:
North 020 15'36"West, a distance of 195.46 feet, thence North 02021 '56"West
a distance of 1203.65 feet. Thence North 02013'08" West along the easterly
line of Stevens Subdivision, a distance of 1226.15 feet.
Thence South
89031' 37" East along the southerly right-of~way of Oak Street, a distance of
650.48 feet.
Thence South 00005' 17" East along the westerly line of the
Gallatin County Rest Home property, as shown on the plat in book 23 misc.,
page 50, a distance of 2627.55 feet to the Point of Beginning.
Section 2
The effective date of this annexation is March 1, 2001.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated February 1, 2001, by and between the City of Bozeman and Alexander T. Matheson and
Gary R. Wheeler, personal co-representatives of the estate of Roy T. Walton, deceased, and Gene
E. Cook.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 20th day of February 2001.
ATTEST:
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MA~~~r
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ANNEXA
T/ON
MAP
Legal _pilon
BEING TRACTS 1-4 OF C.O.S. No. 2085 ANO THAT PARCEL OESCRIBEO IN BOOK 144, PAGE 373
LOCATED
IN THE sWJ4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.t.I.M,
"'" _ of land _ In tho __ ono-q...rt... 01 SectIon I, .
CITY
OF BOZEMAN, GALLA TIN
COUNTY, MONTANA
Townofllp 2 So""', RaAD" 5 [aof of tho PrIncIpal _dlan of _a,
Go_n eo..."" IoIOfttana, and IMlng I1IrIhor __ al 1011_
eommonclng at tho South _-quarter cwnor
01 ooId Sec:IIon I. Tho"""
~
Norltl SB"5II'57" Waf aIoftg tho South llno
of oald So""'_ q...rtor a
- dllhlftco of 819.47 1001 to tho True PoIftt 01 BeginnIng.
q>;:.';-~.';::; _Cky~. _. .!......!!..'g"2. _.
a. ..., 0IrIt ...,
111_ North SB"5II'57" Woot along tho South 1In. of oald __
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ono-q...rtor, a "'........ of 1113.33 loot.
Thonco 11_ 02"15'311" _
along tho eaotorly llno of a tract con..-,od In Book 139, P_ 515, a
I c.nhf- " eomw-~
-s.c:. 1
dllhlftco of 1!15.48 1001.
Thence North 1la"5II'57" Wost along tho norlhorly
1
I
llno of ooId tract, 0 dl_ of 1113.20
IMI. Tho_ So"'" 02"15'36"
~ R-O
East along tho wootortr llno al said lrad, a dIota""" 01 1&5.48 loof.
I
I 111_ Norltl SB"5II'57" Woot along tho South
IIn. of oald __
1
I
I
I ono-q...rtor, a _ of 1113.20 IHI. Tho_
along tho eaolorly IIn. of
,
Nom_ SubdMolon tho loIIowlng two courHS:
N_ 02"15'311" WHI, a
\
,
I dlolanco of 1!15.48 IHI, thence North 02"21'56"
Woof, a _nc. 01
,
I
1203.65 IMI. 111_
North or 13'08" Waf along tho eaotorly 1In. 01
l' I
I
I _'I SubdMolon, a "'oIanc. of 1226.15 loof.
Tho_ South 69'31'37"
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