HomeMy WebLinkAboutResolution 4429 Orville Christenot RLT Annexation24i40475
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COMMISSION RESOLUTION NO. 4429
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 Orville
Christenot RLT requesting the City Commission to extend the boundaries of the City of Bozeman so as
to include an area of land containing 6.66 acres lying southeast of the intersection of Durston Road and
Valley Drive; and
WHEREAS, the Orville Christenot RLT is the current landowner of record of property
described as a portion of Lot 6, Smith Subdivision located in the NW %a of Section 11, T2S, RSE, PMM
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
Commissions goals and policies for annexation and was presented to the Commission on August 29,
2011 and November 28, 2011; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
August 29, 2011 and was continued and held again on November 28, 2011; 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
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WHEREAS, on November 28, 2011, the Commission preliminarily approved the annexation
and authorized City Staff and the Orville Christenot RLT to negotiate the final annexation agreement to
be presented for consideration at a future City Commission meeting; and
WHEREAS, on January 28, 2013, 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 agreement between the
City and the Landowner; and
WHEREAS, said contiguous tract is a portion of Tract 6, Smith Subdivision located in the
NW '/. of Section 11, 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 inhabitantstowners thereof.
Montana:
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
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 6.66 acres of land, to wit:
Leval Descri tion
A portion of land being Tract 6 of the Smith Subdivision on record with the Gallatin County
Clerk and Recorder and a portion of the adjacent Durston Road Right of Way located in the
Northwest One - Quarter of Section 11 Township 2 South, Range 5 East, Principal Meridian
Montana (P.M.M), Gailatin County, Montana being more particularly described as follows:
Beginning at the northwest corner of said Tract 6; thence North 001 56138" East a distance of 45
feet to the northern boundary of said Section 11; thence South 89° 03' 22" East a distance of
187.03 feet along the northern boundary of Section 11; thence South 00° 56' 38" West It distance
of 45 feet to the Northeast corner of Tract 6; thence South 020 01' 57" West a distance of
1,289.91 feet to the Southeast corner of Tract 6; thence North 890 07' 47" West a distance of
326.49 feet to the Southwest corner of Tract 6; thence North 020 01' 57" East a distance of 331.24
feet; thence South 89° 03' 22" East a distance of 135.45 feet; thence North 020 01' 57" East a
2
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distance of 714.10 feet; thence South 89° 03'22" East a distance of 4.0 feet; thence North 02° 01'
57" East a distance of 244.99 feet to the Point of Beginning containing 6.66 acres, more or less.
Subject to 411 easements of record or apparent from a visual inspection of the property
The described parcel has an area of 6.66 acres, more or less and is along with and subject to
any existing easements and includes adjacent road right -of -way for Durston Road as described on the
Christenot Annexation Map.
Section 2
The effective date of this annexation is January 28, 2013.
Section 3
The annexation of the above - described tract is subject to the terms of the Agreement dated
November 30, 2012, by and between the City of Bozeman and the Orville Christenot RLT owners of said
tract of land.
APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session
thereof held on the 28th day of January, 2013.
ATTEST:
ST EN, CAfi
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APPROVED AS TO FORM:
G SULLIVAN
City Attorney
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