HomeMy WebLinkAboutResolution 2601 Intent to create SID 651 for improvements on Durston Road: 4-07-86
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RESOLUTION NO. 2601
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO CREATE EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651 FOR THE
PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION,
INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREET
IMPROVEMENTS FOR A PORTION OF DURSTON ROAD, GRAVEL WALKWAY AND
ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES
I WITHIN ANNIE SUBDIVISION, FIRST FILING.
WHEREAS, Roger H. Smith and Rosalind I. Smith submitted a written proposal dated
December 11, 1985 to the City signifying their desire to participate in a special improvement
district created for the purpose of constructing and installing street improvements to that
portion of Durston Road between the west side of its intersection with North 20th Avenue and
the west side of its intersection with North 22nd Avenue and a gravel walkway along the north
side of Durston Road from North 19th Avenue to the west boundary of Phase I, Annie Sub-
division, First Filing; and
WHEREAS, the aforesaid request has been evaluated by the City Commission; and
WH EREAS, the improvements benefit not only the property abutting the portion of
Durston Road and the gravel walkway but also the rest of the properties created within Annie
Subdivision, First Filing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Declaration of Extended Benefit
The City Commission hereby finds and declares that the particular improvements are of
more than local benefit and benefit not only the property abutting the portion of Durston Road
and the gravel walkway but also the rest of the properties located within the boundaries
I described in Section 3 of this Resolution.
Section 2
Declaration of Intention
That it is hereby declared to be the intention of the City of Bozeman to create an ex-
tended special improvement district to be known and designated as Special Improvement District
No. 651 of the City of Bozeman for the purpose of accomplishing the engineering design, con-
struction, installation, inspection and engineering certification of street improvements to a
certain portion of Durston Road and a gravel walkway. Said project shall include all appur-
tenant work for the construction and installation of the street and gravel walkway.
Section 3
Boundaries
The boundaries of said Special Improvement District No. 651 are described on the
Proposed District Boundary map attached hereto and more particularly described as follows:
Description
A tract of land being a portion of Tract 1 A of Certificate of Survey No. 1240A
situated in the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M., City of Bozeman,
Gallatin County, Montana, and being further described as follows:
Beginning at a point which is S89015'17"W a distance of 746.70 feet and
NOOo47'26"Wa distance of 50.00 feet from the S.E. corner of Section 2, T.2S.,
I R. 5E., P.M.M.; thence from said true point of beginning S89015'17"W a distance
of 571.00 feet; thence N09047'01'lW a distance of 162.19 feet, N05014'29"W a
distance of 1 025.75 feet to a point on a curve having a radial bearing of
S15031'40"W; thence along said curve, curving to the right with a radius of
1350.00 feet a distance of 433.74 feet to a point on a curve having a radial
bearing of N57052'05"W; thence along said curve, curving to the left with a
radius of 546.13 feet a distance of 38.45 feet to a point on a curve having a
radial bearing of N17014'36"E; thence along said curve, curving to the right with
a radius of 637.00 feet a distance of 670.78 feet; thence N12025120"W a distance
of 215.41 feet, N05057'05"E a distance of 408.11 feet, N03024'20"E a distance of
273.51 feet and NOOo37150"W a distance of 151.18 feet; thence N89022'10"E a
distance of 501.09 feet; thence SOOo37'50"E a distance of 121.00 feet, N89022'10"E
COMMISSION RESOLUTION NO. 2601
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a distance of 26.00 feet, S00037'501lE a distance of 181.00 feet, S05040'5411W a
distance of 307.04 feet. S80035'1411E a distance of 9.14 feet, N79018'201lE a
distance of 30.13 feet. S14036'43"W a distance of 66.37 feet, S10041'401lE a
distance of 260.00 feet, S24034'4411E a distance of 139.06 feet, S10041'401lE a
distance of 195.00 feet, 579018'201lW a distance of 45.06 feet. 501024'0711E a
distance of 180.58 feet to a point on a curve having a radial bearing of
N01024'07I1E; thence along said curve, curving to the right with a radius of
521.00 feet a distance of 29.14 feet; thence 501048'101lW a distance of 116.00 feet
to a point on a curve having a radial bearing of N01 048'1 OIlE; thence along said
curve. curving to the right with a radius of 637.00 feet a distance of 110.08 feet
to a point on a curve having a radial bearing of N63016'23"W; thence along said I
curve, curving to the right with a radius of 606.13 feet a distance of 60.41 feet
to a point on a curve having a radial bearing of 536029'1 OIlW; thence along said
curve, curving to the right with a radius of 1350.00 feet a distance of 157.41
feet; thence 546050'0011 E a distance of 150.19 feet. S43035'1811E a distance of
60.00 feet to a point on a curve having a radial bearing of 543035'18"E; thence
along said curve, curving to the left with a radius of 470.00 feet a distance of
43.30 feet; thence 548052'02"E a distance of 120.00 feet to a point on a curve
having a radial bearing of 548052'02"E; thence along said curve, curving to the
left with a radius of 350.00 feet a distance of 256.10 feet; thence 500047'26"E a
distance of 366.36 feet to the true point of beginning.
Section 4
Character of Improvements
The character of the improvements to be made is the installation and construction of the
street and gravel walkway. including street excavation, gravel street base. asphalt street
surfacing. a five-foot wide gravel walkway and other necessary appurtenances.
Section 5
Estimate of Cost
The total estimated cost of the improvements within the district including engineering,
contingency, special improvement district revolving fund and incidental expenses is Forty-Seven
Thousand Dollars ($47,000).
Section 6
I
Method of Assessment
The cost is to be assessed against the entire district. Each lot, block, tract or parcel
of land within the district boundary will be assessed for that portion of the whole cost which
its area bears to the area of the entire district. exclusive of streets, avenues and alleys.
The total actual assessable area within the entire district is 1,144.073 square feet and is
the area on which all protests will be received. considered and determined. It is also the area
on which all assessments wi II be figured.
Section 7
Payments
The payments for said improvements shall be made in twenty (20) annual installments ex-
tending over a period of nineteen (19) years, but this shall not be construed to prevent payment
in full at any regular payment date by any property owner who desires to do so. It is proposed
to pay the entire cost and expense of the engineering, construction and installation of said
improvements with cash to be obtained from the sale of bonds of said Special Improvement
District No. 651 as authorized by law. Such bonds will be in denominations of Five Thousand
Dollars ($5.000) each, and fractions or multiples of $5,000 where necessary, to be issued and
chargeable against a fund known and designated as Special Improvement District No. 651 Fund
of the City of Bozeman. The bonds will be redeemable at the option of the City, singlely or in
multiples, and in the order of their registration, from whatever funds are available for the
purpose in said Special Improvement District No. 651. Said bonds shall draw a simple interest
I
from the date of their registration until called for payment, which interest shall be chargeable
as part of the cost of construction and installation of said improvements. The bonds will be
issued and sold in accordance with the provisions of Section 7-12-4201 and Section 7-12-4223,
M.C.A., and all other applicable provisions of Title 7, M.C.A., relating to special improvement
districts in cities and towns, and any amendments thereof.
COMMISSION RESOLUTION NO. 2601
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211
Section 8
Protests and Notices
That the regular session of the City Commission of the City of Bozeman, to be held at
the Commission Chamber, City Hall, Bozeman, Montana, on Monday, the 5th day of May 1986, at
the hour of 7 o'clock p.m. of said day, is the time and place, when and where the City Com-
mission will hear and pass upon all protests duly and regularly made and filed against the
creation of said Special Improvement District No. 651, the improvements proposed to be made
I pursuant thereto and the extent and character thereof, or either of them; and the Clerk of the
City Commission be, and she is hereby directed to give notice in the manner and for the time
as by law required, of the adoption of this resolution of intention.
ADOPTED by the Commission of the City of Bozeman, Montana, at a regular and stated
session of said Commission held on the 7th day of Apri I 1986.
Mayor
ATTEST:
Clerk of the City Commission
NOTICE IN RE
COMMISSION RESOLUTION NO. 2601 OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
MONTANA, TO CREATE EXTENDED SPECIAL IMPROVEMENT DISTRICT NO.
651.
NOTICE IS HEREBY given that on the 7th day of April 1986 at a regular meeting of the
City Commission of the City of Bozeman, Montana, said Commission duly and regularly passed
I and adopted Commission Resolution No. 2601, entitled:
RESOLUTION NO. 2601
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO CREATE EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651 FOR THE
PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION,
INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREET
IMPROVEMENTS FOR A PORTION OF DURSTON ROAD, GRAVEL WALKWAY AND
ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES
WITHIN ANNIE SUBDIVISION, FIRST FILING.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 5th day of May 1986, at 7:00 o'clock
p.m. at the Commission Room of the City Hall, 411 East Main Street, Bozeman, Montana, is
designated as the time and place for hearing objections to the action proposed to accomplish the
engineering design, construction, installation, inspection and engineering certification of street
improvements for a portion of Durston Road, gravel walkway, and all other necessary appurte-
nances upon the following described contiguous territories within the corporate limits of the
City of Bozeman, Montana. Expressions of approval or disapproval by resident freeholders of
the territories proposed to be constructed and installed upon must be made in writing and filed
with the Clerk of the City Commission of the City of Bozeman not later than fifteen (15) days
after the date of the first publication of this notice.
A description of the boundaries of the territories proposed to be constructed and in-
I stalled upon by said Commission Resolution No. 2601 is as follows:
Description
A tract of land being a portion of Tract 1 A of Certificate of Survey No. 1240A
situated in the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M., City of Bozeman,
Gallatin County, Montana, and being further described as follows:
Beginning at a point which is S89015'1711W a distance of 746.70 feet and
NOOo4712611Wa distance of 50.00 feet from the S.E. corner of Section 2, T.2S.,
R. 5E., P. M. M.; thence from said true point of beginning S89015117"W a distance
of 571.00 feet; thence N09047'Ol11W a distance of 162.19 feet, N05014'29"W a
COMMISSION RESOLUTION NO. 2601
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distance of 1025.75 feet to a point on a curve having a radial bearing of
S15031'40"W; thence along said curve, curving to thE. right with ci radiu::i uf
1350.00 feet a distance of 433.74 feet to a point on a curve having a radial
bearing of N57052'05"W; thence along said curve, curving to the left with a
radius of 546.13 feet a distance of 38.45 feet to a point on a curve having a
radial bearing of N17014'36"E; thence along said curve, curving to the right with
a radius of 637.00 feet a distance of 670.78 feet; thence N12025'20"W a distance
of 215.41 feet, N05057'05"E a distance of 408.11 feet, N03024120"E a distance of
273.51 feet and N00037'50"W a distance of 151.18 feet; thence N89022'10"E a
distance of 501.09 feet; thence SOOo37'50"E a distance of 121.00 feet, N89022'10"E
a distance of 26.00 feet, SOOo37'50"E a distance of 181.00 feet, S05040'54"W a I
distance of 307.04 feet, S80035'14''E a distance of 9.14 feet, N79018'20" E a
distance of 30.13 feet, S14036143"W a distance of 66.37 feet, S10041140"E a
distance of 260.00 feet, S24034'44"E a distance of 139.06 feet, S10041140"E a
distance of 195.00 feet, S79018'20"W a distance of 45.06 feet, S01024'07"E a
distance of 180.58 feet to a point on a curve having a radial bearing of
N01024'07"E; thence along said curve, curving to the right with a radius of
521.00 feet a distance of 29.14 feet; thence S01048'10"W a distance of 116.00 feet
to a point on a curve having a radial bearing of N01 048'1 O"E; thence along said
curve, curving to the right with a radius of 637.00 feet a distance of 110.08 feet
to a point on a curve having a radial bearing of N63016'23"W; thence along said
curve, curving to the right with a radius of 606.13 feet a distance of 60.41 feet
to a point on a curve having a radial bearing of 536029'1 O"W; thence along said
curve, curving to the right with a radius of 1350.00 feet a distance of 157.41
feet; thence 546050'00" E a distance of 150.19 feet, S43035'18"E a distance of
60.00 feet to a point on a curve having a radial bearing of S43035'18"E; thence
along said curve, curving to the left with a radius of 470.00 feet a distance of
43.30 feet; thence S48052102"E a distance of 120.00 feet to a point on a curve
having a radial bearing of S48052'02"E; thence along said curve, curving to the
left with a radius of 350.00 feet a distance of 256.10 feet; thence S00047'26"E a
distance of 366.36 feet to the true point of beginning.
Section 1
Character of Improvements
The character of improvements to be made is the installation and construction of the
street and gravel walkway, including street excavation, gravel street base, asphalt street
surfacing, a five-foot wide gravel walkway and all other necessary appurtenances.
Section 2 I
Estimate of Cost
The total estimated cost of the improvements within the district including engineering,
contingency, special improvement district revolving fund and incidental expenses is Forty-Seven
Thousand Dollars ($47,000).
Section 3
Method of Assessment
The cost is to be assessed against the entire district. Each lot, block, tract or parcel
of land within the district will be assessed for that portion of the whole cost which its area
bears to the area of the entire district, exclusive of streets, avenues and alleys.
The total actual assessable footage within the entire district is 1,144,073 square feet and
is the area on which all protests will be received, considered and determined. It is also the
square footage on which all assessments will be figured.
Section 4
This notice is given pursuant to the provisions of Section 7-12-4106, 7-12-4110 and
7-12-4112, M.C.A., and all other applicable provisions of Title 7, M.C.A., relating to special
improvement districts for cities and towns, and any amendments thereof or thereto.
DATED this 15th day of April 1986.
Clerk of the Commission I
ROBIN L. SULLIVAN
COMMISSION RESOLUTION NO. 2601
213
State of Montana )
County of Gallatin : ss.
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify
that the foregoing Notice was published at length in the Bozeman Daily Chronicle, a newspaper
of general circulation printed and published in said City, in the issues dated the 15th, 16th,
17th, 18th and 20th days of April, 1986, and due proof of such publications is on file in my
office.
I I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office
this 14th day of May 1986.
Clerk of the City Commission
State of Montana )
County of Gallatin : ss.
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify
that the foregoing Resolution No. 2601 was published by title and number in the Bozeman Daily
Chronicle, a newspaper of general circulation printed and published in said City, in the issue
dated the 10th day of April 1986, 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
this 14th day of May 1986.
Clerk of the City Commission
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COMMISSION RESOLUTION NO. 2601