HomeMy WebLinkAboutA12004 Mahar Good Medicine Way Annexation resolution 4415
COMMISSION RESOLUTION NO. 4415
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 Mahar Montana
Homes requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
a certain contiguous tract of land containing 5.01 acres lying at 3601 Good Medicine Way and generally
between Good Medicine Way and South 3rd Avenue in the County of Gallatin, State of Montana and
adjacent rights of way; and
WHEREAS, Mahar Montana Homes is the current landowner of record of property described
as Lot 4A, Minor Subdivision No. 35C, 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 June 11, 2012;
and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on June
11, 2012; and
WHEREAS, the City did not receive any written protest from the real property owners of the
area to be annexed; and
WHEREAS, on June 11, 2012, the Commission preliminarily approved the annexation and
authorized City Staff to prepare the final annexation agreement to be presented for consideration at a
future City Commission meeting; and
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WHEREAS, the provision of available services, including, but not limited to, streets, 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 Mahar Montana Homes; and
WHEREAS, said contiguous tract is described as Lot 4a, Minor Subdivision 35C, 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 and the inhabitants/owners thereof.
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 6.564 acres of land and right of way, to wit:
Legal Description (Lot 4A)
Lot 4A, Minor Subdivision No. 35C, 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 25,
Township 2 South, Range 5 East, Principal Meridian, Montana, and further described as follows:
Beginning at the southeast corner of said Lot 4A; thence westerly 269° 40' 00", assumed azimuth from
north, 630.09 feet along the south line of said Lot 4A to a point on a curve with the center of circle
lying westerly 285° 10' 42" azimuth 1534.89 feet from said point; thence on the following courses
along the boundary of said Lot 4A;
northerly 403.85 feet along said curve, radius 1534.89 feet and central angle 015° 04' 31";
northerly 000° 06' 11" azimuth 69.39 feet, tangent to said curve;
easterly 089° 40' 00" azimuth 325.29 feet;
southeasterly 151° 43' 00" azimuth 530.00 feet to the point of beginning.
Area = 218,249 square feet, 5.0103 acres or 20,276 square meters. Subject to existing easements.
Legal Description (South 3rd Avenue R/W)
That part of South Third Avenue described as follows:
Beginning at the southwest corner of Lot 4A, Minor Subdivision No. 35C (the south line of said Lot
4A has an assumed azimuth from north of 269° 40' 00"); thence westerly 285° 10' 42"azimuth, 77.50
feet to a point on a curve with the center of circle lying westerly 285° 10' 42" azimuth 1457.39 feet
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from said point; thence northerly 383.46 feet along said curve, radius 1457.39 feet and central angle
015° 04' 31"; thence northerly 000° 06' 11" azimuth 69.29 feet, tangent to said curve; thence easterly
090° 06' 11" azimuth 65.00 feet; thence easterly 089° 40' 00" azimuth 12.50 feet to the northwest
corner of said Lot 4A; thence southerly 180° 06' 11" azimuth 69.39 feet along the western boundary of
said Lot 4A; thence southerly 403.85 feet on a tangential curve, concave to the west, radius 1534.89
feet and central angle 015° 04' 31" along the west line of said Lot 4A to the point of beginning.
Area = 35,879 square feet, 0.8237 acres or 3,333.3 square meters. Subject to existing easements.
Legal Description (Good Medicine Way R/W)
That part of Good Medicine Way described as follows:
Beginning at the southeast corner of Lot 4A, Minor Subdivision No. 35C; thence northwesterly 331°
43' 00", assumed azimuth from north, 530.00 feet along the east line of said Lot 4A to the northeast
corner of said Lot 4A; thence northeasterly 061° 43' 00" azimuth 60.00 feet to the east right-of-way
line of Good Medicine Way, thence southeasterly 151° 43' 00" azimuth 529.88' along said east right-
of-way line; thence southwesterly 241° 36' 09" azimuth 60.00 feet to the point of beginning.
Area = 31,796 square feet, 0.7299 acres or 2,953.9 square meters. Subject to existing easements.
The described parcel has an area of 6.564 acres, more or less and is along with and subject to any
existing easements and includes adjacent un-annexed Road R/Ws for South 3rd Avenue and Good
Medicine Way as described on the Mahar Good Medicine Way Annexation Map.
Section 2
The effective date of this annexation is upon passage of this Resolution.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
October 15, 2012, by and between the City of Bozeman and Mahar Montana Homes owners 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 15th day of October, 2012.
_________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
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APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney