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HomeMy WebLinkAboutResolution 2865 Annexing Carter Williams, 51.826 acres - Sourdough Properties ---"~r._~ -.',. .~~. ./ .... . . . . COMMISSION RESOLUTION NO. 2865 rlLM 133 PACE 40.31 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE CARTER WILLIAMS ANNEXATION AND HEREIN . MORE PARTICULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from Carter Williams on behalf of himself and Sourdough Creek Properties, a Montana Corporation, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land bounded in part by Westfield Subdivision on the north, Wagon Wheel Road on the east and south, and South Third Avenue on the west, 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 November 25, 1991; and WHEREAS, Commission Resolution No. 2849 was adopted by the City Commission . on November 25, 1991, 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. 2849 was duly noticed and held on December 16, 1991; and WHEREAS, one objection to said annexation was raised by a resident of the city, and duly considered by the Commission; and WHEREAS, the City did not receive any written protest from the resident freeholders of the territory to be annexed; and WHEREAS, on December 16, 1991, the Commission authorized and directed staff . to prepare the necessary documents to annex the tract as established in Commission Resolution No. 2849; and WHEREAS, the provision for 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 ^- - . m~ 133 PACE 4032 between the City and Carter Williams and Sourdough Creek Properties, 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. . 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 property, to wit: A tract of land located in the SE%, Section 24, and NE%, Section 25, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Beginning at the southeast corner of said Section 24; thence South . 89040'00" West along the section line between said Sections 24 and 25, a distance of 260.00 feet, to a point on the westerly right-of-way of Wagon Wheel Road, THE TRUE POINT OF BEGINNING; thence South 00013'00" West, along said westerly right-of-way, a distance of 209.71 feet; thence along a curve to the right, which is the northerly and westerly right-of-way of Wagon Wheel Road, having a central angle of 89027'00" and radius of 353.67 feet, an arc distance of 552.15 feet; thence South 89040'00" West, along said northerly right-of-way, a distance of 666.77 feet, to the easterly right-of-way of South 3rd Avenue; thence North 00006'05" East, along said easterly right-of-way, a distance of 559.92 feet to a point on the section line common to said Section 24 and 25; thence North 00007'26" East, along said easterly right-of-way, a distance of 1,678.75 feet to a point on the southerly boundary of the Westfield Subdivision Annexation; thence North 89017'33" East along said southerly boundary, a distance of 670.00 feet; thence South 37053'57" East, along said southerly boundary, a distance of 154.93 feet; thence North 89017'33" East, along said southerly boundary, a distance of 285.00 feet, to the northwest corner of Block 1, Subdivision No. 8-"A" of Sourdough Creek Properties; thence South 00013'00" West, along the westerly boundary of Subdivision No. 8-"A", a distance of 252.64 feet; thence South 64009'33" West, along said westerly boundary, a distance . of 75.00 feet; thence South 25049'50" East, along said westerly boundary, a distance of 60.00 feet; thence North 64009'51" East, along said westerly boundary, a distance of 45.69 feet; thence South 02025'30" West, along said westerly boundary, a distance of 176.31 feet; thence South 02025'42" West, along said westerly boundary, a distance of 99.13 feet; thence South 02019' 24" West, along said westerly boundary, a distance of 218.32 feet; thence along a non-tangent curve to the right, having a central angle of 24024'27" and a radius of 269.43 feet, an arc distance of 114.77 feet to a point on the westerly right-of-way of Wagon Wheel Road; thence South 24015'24" West, along said westerly right-of-way, a distance of 137.53 feet; thence along a - 2 - -. -. -... .----- - ^" --------- - . ,..' . . . ilL" 1.1.3 P~'CE 403.3 curve to the left, which is said westerly right-of-way, having a central angle of 24002'24" and a radius of 766.46 feet, an arc distance of 321.59 feet; thence South 00013'00" West, along said westerly right-ot- way, a distance ot 288.39 feet to THE TRUE POINT OF BEGINNING, and containing 51.826 acres. Section 2 . The effective date at this annexation is July 8, 1992. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated June 8, 1992, by and between the City ot Bozeman and Carter Williams and Sourdough Creek Properties. PASSED AND ADOPTED by the City Commission at the City ot Bozeman, Montana, at a regular session thereof held on the 8th day of June 1992. J;.- ~ ,,' ... T" J;. ~~ ."~~:: . ' .~"~;;:%'~' . . ;: TIMOTHY SW ON, Mayor ATTEST' .' ..' .',",'.:,"'''''''''> .' . "" . ':~#'J 'C.OZi~'f ~ ,,~;:': ..,;,#j~j~:' { ..+ . .. .. ~. '.-' , ~r-~ ,.., . 'co";;.'" . '--..;;;<." V I'" "'Z,.. . "'~'J~~; , " rI ." ". .' . ." .,(.. -i"~ ,'<'" . , . - 3 - ----...-- --------- State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Notice in Re for Commission Resolution No. 2865 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed . and published in said City, in the issue dated the 14th day of June 1992, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office. ~./~ R IN L. SULLIVAN Clerk of the Commission . . - 4 - __.....mo__..____ ~ , . . SOUTH 3rd AVE. m~ 133 PACE 4034 WESTFIELD SUBDIVISION . MASTER PLANNED AREA 5370 53'57"E SCALE: 1"= 400' N890 /7' 33"E /54.9.J' . 670.00' N89017 '3.J"E 285.00 500013' 00" W 564009'33"W 75.00' 252.64' 525049' 50" E 60.00' DE DICATED N64009'51"E RIGHT - OF- WAY 45.69' FOR GOOD c MEDICINE WAY , co ~ 502025'30"W ~ 502025' 42" W 99./3' 6= 24024' 27" 10 5020/9'24"W 2/8..J2' R = 269. 43' .... 1/4.77' . 1.1"I "'~ >10 524015'24" W /37.53' Ct\l "'- 6 = 24002'24" ~(;:) R = 766. 46' If) I;) (;:) GREEN PASTURES 32/.59' (;:) ~:;;: TRACT I- ~ ;:) ~I. 83 ACRES II') 24 19 0 cO C/) ~ ss!JO 40 '00 " W \\f 260.00' 1.1"I 30 Ie')\\f TRUE PO/NT OF BEGINNING (;:)~ lOoi (;:)Ie') () Ie') (;:) ~ 589040'00" W ~ 666.77 ANNEXATION MAP JULY 1992 -~