HomeMy WebLinkAboutResolution 4324 Annexation of land and Extension of the Boundaries of the CityCOMMISSION RESOLUTION NO. 4324
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 Jeffery Brandner,
the owner of a tract of land, requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include certain contiguous tract of land lying southeast of the intersection of Bridger
Drive .and Story Mill Road, County of Gallatin, State of Montana; and
WHEREAS, Jeffery Brandner is the current landowner of record of property described as
Tract I of C.O.S. No. 2760, located in the SW/4, S W/4 of Section 32, TIS, R6E, PMM in 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 July 19, 2010;
and
WHEREAS, said annexation petition was considered at a public meeting duly noticed and
held on July 19, 2010; and
WHEREAS, no members of the general public spoke in regards 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 July 10, 2010, 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 the terms of annexation specified in the staff report;
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 STD's and water and sewer
hookup fees, to said contiguous tract as described is the subject of a written agreement between the City
and the Jeffery Brandner; and
WHEREAS, said contiguous tract is described as Tract I of C.O.S. No. 2760, located in the
SW I /4, SW I /4of Section 32, Tl.S, R6E, PMM in 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.
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 46, 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 0.37 acres of land, to wit:
Tract I of Certificate of Survey No. 2760 located in the SWI/4, SW I /4 of Section 32,
T1S, R6E, PMM in Gallatin County Montana; and more particularly described as
follows:
A tract of land, being Document No. 2342598, said tract being Tract I of Certificate of Survey No.
688, being located in the Southeast Quarter of Section 18, Township 2 South, Range 6 East, Principal
Meridian Montana, Gallatin County, Montana and being more particularly described as follows:
Commencing at the southwest comer of Section 32, Township I South, Range 6 East;
Thence North 18'19'32" East a distance of 683.48 feet to the Point of Beginning;
Thence along the easterly line of Tract I of Certificate of Survey No. 2760, North 27'41'26" West a
distance of 270.20 feet to the southerly right of way of Bridger Canyon Drive;
Thence along the said right of way, South 89'26'50" East a distance of 132.49 feet to the west line of
Book 149, Page 459 of Survey Plats;
Thence along said west line, South 009 1'21 " West a distance of 212.82 feet to the southwest comer of
said Survey Plat;
Thence continuing South 00 °31'21 " West a distance of 25.25 feet;
2
Thence North 89'00'17" West a distance of 4,75 feet to the Point of Beginning.
Said tract contains 0.37 acres, more or less and subject to all existing easements of record or apparent
on the ground.
Section 2
This resolution of annexation is effective upon passage.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement by and
between the City of Bozeman and the Jeffery Brandner owner of said tract of land.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 18 "' 1 day of July, 201
JE F E 9C. K"US
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TIM C&O I
Assistant City Attorney