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HomeMy WebLinkAboutResolution 4428 Cresent Cross Annexation 2437686 PaSe: 1 of 4 f71l1412Q13 04.23 34 PM Fee l���Pf Fmi11I11111hiI�N 11111��t�fr111111111111111111 1111111111 $�®.So 11 MISC call, 0 r ' r COMMISSION RESOLUTION NO. 4428 A RESOLUTION OF THE CITY COMMISSION OF THE CI'T'Y 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 Cresent Cross limited partnership requesting the City Commission to extend the boundaries of the City of Bozeman so as to include all area of land containing 11.87 acres lying southeast of the intersection of 1-luffine Lane and Cottonwood Road; and WHEREAS, Cresent Cross is the current landowner of record of property described as a portion of Lot 1 of Minor Subdivision 454 located in the W /2 of Section 15, T2S, R5E, I .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 October 1,2012; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on October 1, 2012; and WHEREAS, no members of the public spoke in opposition 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. October 1, 2012, the Commission preliminarily approved the annexation and authorized City 'Staff and the Cresent Cross limited partnership to negotiate the final annexation agreement to be presented for consideration at a future City Commission meeting; and 1 WHEREAS, on December 28, 2012, the Commission reviewed and approved the final annexation agreement and authorized City Staff and the Landowner to 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 agreenient between the City and the Landowner; and WHEREAS, said contiguous tract is a portion of Lot I of Minor Subdivision 454 located in the W 1/2 of Section 15, T25, R5 E, P.M.M. Gallatin County, Montana; and WHEREAS,the Bozeman City Conirnission hereby finds that the annexation of this contiguous tract is in the best interests of the City of l3ozenian and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section I '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 11.87 acres of land,to wit, Legal Description, A tract of land being Road Lot 1 and a portion of Lot I of Minor Subdivision No. 454 on record with the Gallatin County Clerk and Recorder, located in the West One-Half of Section 15,Township 2 South,Range 5 East,Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows: Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from which the west one-quarter corner of said Section 15 bears South 11145' 12" West a distance of 2672.56 feet; thence South 00104' 49" East a distance of 891.70 feet to a calculated position; thence South 891541 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 891 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 001 05' 02" East a distance of 464.33 feet to an Alpine aluminum cap; thence North 891511 07" West a distance of 60.00 feet to a calculated position; thence North 00105" 02" West a distance of 1358.01 feet to a calculated position; thence South 89151' 07" East a distance of 60.00 feet to an Alpine aluminum cap; 2 thence South 89151' 07" East a distance of 488.23 feet to the Point of Beginning containing 11.87 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. The described parcel has an area of 11.87 acres, iriore or less and is along with acrd subject to any existing easements acrd includes adjacent road right-of-way for Cottonwood Road as described oil the Creserit Cross Annexation Map, Section 2 The effective date of this annexation is December 28, 2012. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated Decetiiber 7, 2012, by and between the City ofBozeinaii and Creseilt Cross limited partnership owners of said tract of]arid. PASSED AND APPROVED by the City Commission of tile City of Bozelliall, Montana, at a regular session thereof held on the 28th day of December, 2012. A N A A. R "'S-�IEAN BEC-'KER Mayor 0� ATTEST: CM(3 S A . : CoCl -k C el APPROVED AS TO FORM: GR SULLIVAN City Attorney 3 EXHIBITA KOUNTZ ANNEXATION cry BOZI=?:l1A , IAr ONTAN All-NOR (,-')T1BDlVSIO-N' 454 LOCATED IN TFIE WEST 112 OT' SECTION 15 11;x, R ST, P,M.\,L GAL,L;1T IN COUNTY', MT BLOCK. 1, 101 1 f �T 5A B _._ .,........ ._ ..... .... ..� _ A1119O. SOF3 34OA WHOR SUB 2nA BLOCK Y, LOT 4 CALCLJLATE'D IIl'I E:\,I:l.;l�,V. SECTION CORNB.ER O,AJ'°2•' E RIGHT OF 43.10' WAY — I 60`RIGHT 488.23' J 73F WAY I ,N 'x'9'54'58" E I 6O• RpAOWAY TRACT II ( II / L 4,.01 2 CAR(] 1 1 I 1.475'A. E'IJ6 _ I° r� IJI I L01L r....— — .., ..... ld1NOR SUE 313 I OA17ll.CrI➢ 133 C7 eD C5 L tR['71 A 1'CF+.(O,11i G] tiles vl"'- MIwa YR tiI 411fp BLOCK. ;. LCT 3 ( I COS �229 L[wA3.caRt�lFm15 f^ M _ w L I BLOCK 2 N B9"51'13" "M 4 88.17" so.ao'— PJBLIC PARK. LO 6 1 CRLSENT CI ROE SiOPI V I ()LN;'I°! 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