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Home My WebLink AboutResolution 4417 Annexation for Ditton V 9� RESOLUTION NO.4417 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 Clara O. Ditton Living Trust requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land containing 20.00 acres lying generally on the south side of Highway 86/Bridger Drive approximately one mile east of the intersection with Story Mill Road in the County of Gallatin, State of Montana; and WHEREAS, Clara O. Ditton Living Trust is the current landowner of record of property described as Tract B-IA of Certificate of Survey No. 2392B as modified by the right-of-way highway acquisition located in the SE '/4 of Section 32, T IS, R6E, 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 11, 2012; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 11,2012; 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 1 WHEREAS, on June 11 2012, the Commission preliminarily approved the annexation and authorized City Staff and the Clara O. Ditton Living Trust to negotiate the final annexation agreement to be presented for consideration at a future City Commission meeting; and WHEREAS, on December 10, 2012, the Commission reviewed and approved the final annexation agreement and authorized City Staff and the Landowner 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 the Landowner; and WHEREAS, said contiguous tract is described as Tract B-IA of Certificate of Survey No. 2392B as modified by the right-of-way highway acquisition located in the SE `14 of Section 32, T1 S, R6E, 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 20.00 acres of land, to wit: Legal Description (Tract B-IA) A tract of land in the south east quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian, Gallatin County, Montana, being Tract B-IA of Certificate of Survey 2392B as modified by right-of-way highway acquisition and being more particularly described as follows: Beginning at the south east corner of said Tract B-lA from which the southeast corner of said Section 32 bears S 890 25'40" E 371.03 ft.; thence N 890 25'40" W 581.40 ft. along the south line of said Section 32; thence N 20 14' 30" E 472.65 ft;thence S 890 33' 56" W 223.35 ft.;thence S 890 05' 10" W 190.50 ft.; thence N to 05' 03" W 451.35 ft. to a point on the 2 southerly Right of Way of Secondary Highway 293; thence, along said Right of Way, easterly 23.88 ft. along a non-tangent curve to the left with a radius of 1196.00 ft. a central angle of to 08'38" and a chord that bears N 82o 42' 34"E 23.88 ft.; thence S 70o 19'40" E 60.24 ft.; thence easterly 160.34 ft. along a non-tangent curve to the left with a radius of 1225.00 ft., a central angle of 7o 29' 58" and a chord that bears N 75o 54' 17" E 160.23 ft.; thence N 65o 33' 01" E 53.57 ft.; thence easterly 319.37 ft. along a non-tangent curve to the left with a radius of 1220.00 ft., a central angle of 14o 59' 56" and a chord that bears N 62o 09'21" E 318.46 ft.; thence N 38o 35' 33" E 54.74 ft.; thence northeasterly 42.26 ft along a non-tangent curve to the left with a radius of 1206.00 ft., a central angle of 20 00'28" and a chord that bears N 5lo 09'09" E 42.26 ft.;thence N 50o 08'55" E 109.84 ft.; thence N 75o 47'23"E 55.46 ft.;thence N 50o 08' 55"E 212.82 ft.;thence, leaving said Right of Way, S to 19'28" E 1407.18 ft to the point of beginning containing 19.42 acres. Legal Description(Highway 86/Bridger Drive R/W) A tract of land in the south east quarter of Section 32, Township 1 South,Range 6 East, Principal Meridian, Gallatin County, Montana,being part of Tract B-IA of Certificate of Survey 2392B and being more particularly described as follows. Beginning at a point on the highway right of way from which the north west corner of said Tract B-lA bears S82o 42' 34"W 23.88 ft.; thence S 70o 19'40" E 60.24 ft.;thence easterly 160.34 ft. along a non-tangent curve to the left with a radius of 1225.00 ft., a central angle of 7o 29' 58" and a chord that bears N 75o 54' 17"E 160.23 ft.;thence N 65o 33'01"E 53.57 ft.;thence easterly 319.37 ft. along a non-tangent curve to the left with a radius of 1220.00 ft., a central angle of 14o 59'S6" and a chord that bears N 62o 09'21"E 318.46 ft.; thence N 38o 35'33" E 54.74 ft.;thence northeasterly 42.26 ft along a non-tangent curve to the left with a radius of 1206.00 ft., a central angle of 20 00'28" and a chord that bears N 51 o 09'09" E 42.26 ft.;thence N 50o 08'55" E 109.84 ft.; thence N 75o 47'23" E 55.46 ft.;thence N 50o 08' 55"E 212.82 ft.; thence,N l o 19'28" W 43.46 ft. thence S 50o 08' 55" W 399.73 ft. thence southwesterly 668.06 ft. on a curve to the right with a radius of 1196.00, and a central angle of 32o 00' 20"to the point of beginning containing 0.58 acres. The described parcel has an area of 20.00 acres,more or less and is along with and subject to any existing easements and includes adjacent un-annexed road right-of-way for Highway 86/Bridger Drive as described on the Ditton Annexation Map. Section 2 The effective date of this annexation is December 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 Clara O. Ditton Living Trust owners of said tract of land. 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10'b day of December,2012. n Fae�l— /SEAN A.BECKER Mayor ATTEV:$O Z . .._4 U-V 7 D .� - . `✓cue q�l Cv . APPROVED AS TO FORM: 6r Z' 76��' LLIVAN City Attorney 4 zt vLi z � 46..� _ y wo N 6N n W m c j Z (n m2 y y pp m Z'R3 22P"a Nm o N - - O 3 0 aIC n s 151, Ok CD 0 4'J'J•r ' ° i5 Z� U 4 � m ' �F A N CTL ¢-N� I 291"v Nco °W NIN SIN `°�;a '♦i o ri -n i - y °N�g9V»a Q°N vo� O�-N.-�OZF N?N^N•-o 4-'y NmD OW�N� _8�^ J n m a y o�0., O Nm Orc eO.00�C W O i� A� . ^ hl O Z °?OO,_n� ?DO'O� [A .. N.:O •7\'2O�N7'.-SNiDN 3O 1) ^ » m'4 ? 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