HomeMy WebLinkAboutResolution 3470 Intent to annex 43.56 acres, MSU
COMMISSION RESOLUTION NO. 3470
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS 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 Lowell Springer, on behalf of Montana State University
Foundation, 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 south side of Huffine Lane,
south to future West
Garfield Street extended, mostly between future South Fowler Avenue extended, east
to current
City of Bozeman limit; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State
of Montana, is as follows:
That portion of Tract 2 of West College Minor Subdivision, a 56. 186-acre tract,
more
or less, and subject to all easements of record, located in a portion of the northwest
quarter of Section 14 and a portion of the northeast quarter of Section 15, T2$,
R5E, P.M.M., Gallatin County, Montana, that lies outside the existing limits of
the
City of Bozeman, Montana, and subject to all easements of record. Tract 2 of West
College Minor Subdivision being more particularly described as follows:
Commencing at the North quarter corner of said Section 14 also the westerly right-
of-way line of Farmer's Canal; Thence along said right-of-way line $00008'43"Ea
distance of 70.00 feet to the northeast corner of Tract 1 of West College Minor
Subdivision; Thence S89022'47"Walong the north boundary of Tract 1 of West
College Minor Subdivision a distance of 675.00 feet to the True Point of Beginning.
Thence around the boundary of Tract 2 of West College Minor Subdivision through
the following courses:
1 )
Thence SOoo08'43"E along the westboundary of said Tract 1 a distance of
406.13 feet to the north boundary of Tract C-1 of Certificate of Survey 1243A;
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2)
Thence 581 022'47"Walong north boundary of said Tract C-1 a distance of
291.14 feet;
3)
Thence S74006'50"W along north boundaryof said Tract C-1 a distance of
125.88 feet;
4)
Thence 500011' 40"E along the west boundary of said Tract C-1 a distance
of 781.47 feet to a point on the north one-sixteenth line of said Section 14;
5)
Thence along said north one-sixteenth line S89036'45"Wa distance of
262.60 feet to the northwest one-sixteenth corner of Section 14;
6)
Thence continuing along said north one-sixteenth line S89C(31 '43"W a
distance of 1345.59 feet to the north one-sixteenth corner common to said sections
14 and 15, said corner also being the southeast corner of Tract B of Certificate
of
Survey No. 1243;
7)
Thence along the east boundary of said Tract B NOOo 15'53"Wa distance of
608.73 feet;
8)
Thence S83056'16"W a distance of 337.11 feet;
9)
Thence N00018'19"Wa distance of 686.94 feet to a point on a curve also
being the southerly right-of-way line of U.S. Highway No. 191;
10)
Thence along said southerly right-of-way through the following courses.
. Thence along a curve to the left having a radius of 5810.74
feet, a central angle of 00042'25"an arc length of 71.70 feet, and a
chord bearing of S89038'51 "E;
. Thence S89059'55"E a distance of 57.69 feet;
. Thence N89059'58"E a distance of 896.87 feet;
. Thence S75057'50"E a distance of 82.46 feet;
. Thence N89059'26"E a distance of 60.16 feet;
. Thence along a curve to the left having a radius of 2381.83
feet, a central angle of 16057'22",and arc length of 704.88 feet, and
a chord bearing of N81 C(31 '15"E to a point on the north line of said
Section 14;
11 )
Thence along said north line of Section 14, N 89022'47"E for a distance of
269.13 feet to a point being the northwest corner of Tract A~ 1-8 of Certificate
of
Survey 12438;
12)
Thence along the west boundary of said Tract A-1-B, SOo036'57"E for a
distance of 70.00 feet;
13)
Thence along the south boundary of said Tract A-1-B N890:22'47"E for a
distance of 224.18 feet to the True Point of Beginning.
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WHEREAS. that portion of this tract to be annexed contains 43.56 acres of land,
more or
less, along with and subject to all existing easements of record or of fact; and
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
WHEREAS. an annexation staff report has been prepared and submitted to the Commission;
and
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 and water and sewer hookup fees, 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.
NOW. THEREFORE. BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
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
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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 24th day of
September
2001. 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. September 19. 2001.
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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 20th day of August 2001.
MAR~G~~
ATTEST:
(j~ J" ~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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