HomeMy WebLinkAboutResolution 4395 Annexation of 42 acreas for School District 7 City of Bozeman-City Clerk 2428564
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P.O. Box 1230 Charlotte Mills - Gallatin County MT MISC
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COMMISSION RESOLUTION NO.4395
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 Bozeman School District No.
7 requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain
contiguous tract of land containing 42.935 acres lying generally on the north side of Durston Road, between
Cottonwood Road and Flanders Mill Road in the County of Gallatin, State of Montana; and
WHEREAS, Bozeman School District No. 7 is the current landowner of record of property described
as Tract 2A of Certificate of Survey No. 2554A located in the SW 114 of Section 3, 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 June 4,2012; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 4, 2012;
and
WHEREAS,no members of the public spoke in regards to said annexation at the public meeting;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 4, 2012, the Commission preliminarily approved the annexation and authorized
City Staff and the School District to negotiate the final annexation agreement to be presented for consideration at a
future City Commission meeting; and 2430084
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Charlotte Mills - Gallatin County, MT MISC
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1 of
Resolution No. 4395, Annexing Land
WHEREAS, on July 23, 2012, the Commission reviewed and approved the final annexation
agreement and authorized City Staff and the School District to prepare the final annexation documents and execute
the documents;and
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 Bozeman
School District No. 7;and
WHEREAS, said contiguous tract is described as Tract 2A of Certificate of Survey No. 2554A
located in the SW'/of Section 3,T2S,RSE,P.M.M.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 42.935 acres of
land,to wit:
A parcel of land, said parcel being Tract 2A of Certificate of Survey No.2554A, being located in the Southwest
Quarter of Section 3,Township 2 South, Range 5 East,Principal Meridian Montana,Gallatin County Montana
and said parcel being further described as follows:
Beginning at the southeast corner of said Tract 2A;thence North 8998'26" West,on the south line of said
Section 3,a distance of 13 19.3 8 feet;thence North 01°07'40"East,on the west line of said section,a distance of
1314.04 feet;thence South 89°52'39"East,a distance of 149.35 feet;thence on a curve to the left with a radius
of 263.00 feet,a central angle of 30014'31", and an arc length of 138.82 feet;thence North 59°52'50" East,a
distance of 104.94 feet;thence on a curve to the right with a radius of 337.00 feet,a central angle of 301 14'31
and an arc length of 177.88 feet;thence South 89°52'39"East,a distance of 780.85 feet;thence South 01110'34"
West,on the east line of Tract 2A,a distance of 1454.05 feet to the Point of Beginning.
The described parcel has an area of 42.935 acres,more or less and is along with and subject to any existing
easements and includes adjacent un-annexed Road R/Ws for Flanders Mill and Durston Roads as described on
the 8'"Elementary School Annexation Map.
2 of 3
Resolution No. 4395, Annexing Land
Section 2
The effective date of this annexation is September 10,2012.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated September
10,2012,by and between the City of Bozeman and Bozeman School District No. 7 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 l Oth day of September,2012.
L / P_/___ -
SEAN61,
A.BECKER
Mayor
ATTEST:
STACY
City Clerk * ; - •
APPROVED A TO FORM:
4ttL N
City orney
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