HomeMy WebLinkAboutResolution 4372 Annexation of Shining Mountains Evangelical Church land at North 25th Ave. and West Villard City of Bozeman-City Clerk 2412581
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P.O. Box 1230 Charlotte �Eills - Gallatin Count MT MISC
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Bozeman, MT 59771-1230
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COMMISSION RESOLUTION NO. 4372
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 the Shining
Mountains Evangelical Lutheran Church owners of tracts of land, requesting the City Commission to
extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying
generally at the southwest comer of North 251h Avenue and West Villard Street, County of Gallatin, State
of Montana; and
WHEREAS, the Shining Mountains Evangelical Lutheran Church are the current landowners
of record of property described as Lots 5, 6 and 7, Block 1, Kable Subdivision, located in the Northeast
One-Quarter of Section 11, T2S, R5E, P.M.M., 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 August 15,
2005; and
WHEREAS, a public hearing on said annexation petition was duly noticed and held on August
15, 2005; and
WHEREAS, no members of the 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 August 15, 2005, 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 terms of annexation specified in the staff report; 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 as described is the subject of a written agreement between the City
and the Shining Mountains Evangelical Lutheran Church; and
WHEREAS, said contiguous tracts are described as Lots 5, 6 and 7, Block 1, Kable
Subdivision, located in the Northeast One-Quarter of Section 11, T2S, R5E, P.M.M., Gallatin County,
Montana; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of these
contiguous tracts 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 0.7513 acres of land,to wit:
A. Shining Mountain Evangelical Lutheran Church Legal Description:
Lots 5, 6, and 7, Block 1, Kable Subdivision, according to the plat thereof, on file and of record
in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast
Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian, Montana, Gallatin
County, Montana, described as follows:
Beginning at the southwest corner of Lot 5, Block 1, said Kable Subdivision; thence northerly
000°56'00'°, assumed azimuth from north, 240.00 feet along the west line of said Block 1 to the
northwest corner of Lot 7, Block 1, Kable Subdivision; thence easterly 089°31'00" azimuth
136.49 feet along the north line of said Lot 7 to the northeast corner of said Lot 7; thence
southerly 180°58'33" azimuth 240.00 feet along the east line of said Block 1 to the southeast
2
corner of said Lot 5; thence westerly 269°31'00" azimuth 136.31 feet along the south line of
said Lot 5 to the point of beginning, containing 0.7513 acres and subject to existing easements.
B. Adjacent Road R/W Legal Description:
That part of North 25th Avenue and West Villard Street described as follows:
Beginning at the southeast comer of Lot 5, Block 1, said Kable Subdivision; thence northerly
000°58'33", assumed azimuth from north, 240.00 feet along the east line of said Block 1 to the
northeast corner of Lot 7, Block 1, Kable Subdivision; thence westerly 269°31'00", azimuth,
136.49 feet along the north line of said Lot 7 to the northwest corner of said Lot 7; thence
northerly 000°56'00" azimuth 60.02 feet to the southwest comer of Lot 1, Block 2, said Kable
Subdivision; thence easterly 089°31'00" azimuth 196.55 feet along the south line of said Lot 1,
Block 2, and its easterly extension to the east right-of-way line of North 25th Avenue; thence
southerly 180°58'33" azimuth 300.02 feet along said east right-of-way line; thence westerly
269°31'00 azimuth, 60.02 feet to the point of beginning, containing 0.6013 acres and subject to
existing easements.
Section 2
The effective date of this annexation is April 2, 2012.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
March 19, 2012, by and between the City of Bozeman and the Lots 5, 6 and 7, Block 1, Kable
Subdivision, located in the Northeast One-Quarter of Section 11, T2S, R5E, P.M.M., Gallatin County,
Montana owners of said tracts of land.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 2nd day of April 2, 2012.
SEAN A. BECKER
OF A Mayor
IY
City
APPROVED AS To FORM:
f4'
GR SULLIVAN
City Attorney
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