HomeMy WebLinkAboutResolution 4417 Clara O. Ditton Annexation 2440462
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COMMISSION 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 froill the Clara 0. Ditton
[-,ivitig Trust requesting the City Coluniissim to extend the boundaries of the City of Bozeinaii so as to
include a certain C011tigUOUS tract of land containing 20.00 acres I y irig generally on the south side of
Highway 86/13ridger Drive approximately one mile east of the intersection with Story Mill Road
in the County of Gallatin, State of Moutaria, and
WHEREAS, Clara 0. Ditton Living Trust is the current laiidowtier of record of property
described as Tract B-lA 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 13ozeniail;and
WHEREAS,aii annexation staff report has been prepared iii accordance with the Coininissioil's
goals and policies.for annexation and was presented to the Conijuission on,tune 11.2012,and
WHEREAS,a public ilicetiiig oil said annexation petition was duly noticed alid held oil Julie 11,
2012;and
WHEREAS,no nieriibers of the public spoke in regards to said annexation at the public iiieetirig-1
and
WHEREAS, the City d'ad not receive any written protest front the real property owners of the
area to be annexed;and
/
WHEREAS, on June l\ 2012, the Commission preliminarily approved the annexation and
authorized City Staff and the Clara O. Ditton Living Trust to negotiate the filial annexation agreement to be
presented for consideration u&o future City Commission meeting:and
WHEREAS, on December 18` 2012, the Commission reviewed and approved the filial
annexation ugrcmco\ and authorized City Stuff and the Landowner to prepare the fioul annexation
documents and execute the documents;and
WHEREAS,the provision of available services, imulud|ng,bu< uq{ limited to, aireexy. rights-of-
way, cxw:mem1u, water rights or cash in lieu, waivers of protest against creation of SO]'a and water and
.
mrv/rr hookup fees, to said cuut' ouotmot as described is the sub)utofuwritten agreement between the
City and the Landowner,and
WHEREAS, said contiguous tract is described as Tract B-|/\ of Certificate of Survey 74o.
2392B as modified by the right-of-way highway acquisition located in the SE 114 of Section 32, T IS,R6l,
P.M.M. Gallatin County, Montana-.and
WHEREAS,the Bozeman City Commission hereby finds that the annexation of1bi000mbguoum
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 Bozenian,
Mmuuuu:
Section 1
That it is hereby declared that, pursuant 10 Title 7, Chapter 2, Part 46, K1.C.4., the following-
described property which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to
the City nfBozeman and that the boundaries of said City obali be extended so as to embrace and include
suclI20.00 acres o[land,rowit.
Lc�4al Description(Tract B-.I,,A)
A tract of land in the south east quarter of Section 32,Township I South, Range 6 East,
Principal Meridian, (]aOutiu Cuunty, Montana, being Tract B'IA.ofCcrCiDcw4cofSurvey
2392B as modified by right-of-way highway-acquisition and being more particularly described
usfollows: '
Beginning mt the south east corner of said Tract R-l/\from which the southeast corner n[said
Section 32 bears SRVu25'4o" E37\.03 ft.:thence lN80o25'4&'' VV581.40ft. along tile aooth
line of said Section 32;thence Y42oi4'30''B4716S ft;thence S8gu33'56°VV22]]5
ft,:dje,oeS *go05' l8, VV |V0.50fL� thence N lu05'C8" YV45|.35ft. to point oil the
nnuuhcJy Right uf Way o[Secondary Hig|nvay29l thence, along said Right ofWay,eomer}
]3.88 ft. a|m/g, uuon-taoueot curve to the left with u radius ofl|q6M)ft, u central an-le of|o
V0'38°and o chord that bears M82u42']4" E23.888.-,thence S70m |9'40" E6024ft.,
dhmnoe easterly |6034 ft. along u non-tangent curve to the left with arudiuoof1225.0UO_ o
central angle of7o29'58''and u chord that bears N 75n54' |7'' El6O.23ft.:thence N65n33'
D|'' E 53'S7k-thence easterly 3l4.37 ft. along u non-tangent curve tn the left with u radius of
MOM ft-u central angle ofl4o5A' 56°and *chord that bears N62o09'21° E1l8.468.,
thence Y438o35'33" E54.74ft.;thence northeasterly 4226tt along u non-tangent curve tothe
left with u radius o[ \2O6.O0d,o central an-le o[2o00'28" and u chord that bears NJ\oOg'
09" E4226U.; thence N 50m08'55" E lDg.84ft.;thence N75o47' Z]'' Z5S.46ft.;thence
50u00'5S'' E2\2.82ft.,thence, leaving said Right ofVVay^ Slol9'28° E |407.18dtothe
point of��nnio�,, containing 19.42 acres.
Legal Description (Highway 86/Bridger_Drive RM
/\ tract vf land io (lie south east quarter of8ec1i"o32, Township | 8wudi, Range hEast,
Principal Meridian,Gallatin County.Montana, being part ufTract B'l/\ of Certificate of
8urvuy2392B and being more particularly described usfollows:
Beginning uzo point oil the highway right of way from which Tile north west corner ofsaid
Tract B-l/\ bears S82o42'34''lV2].8X11-1 thence & 7Ou 10'40"E60.24ft.,thence easterly
l60.]4 ft. o]nuoanon-tao(yemt Curve/u the left with o radius ofl22j.00ft, u central an-le of7m
29'58"and n Chord that bears N75o54' |7''E l6023U.� thence N65o33'&l" B53.57A.;
thence easterly 3|V.37 ft. along a non-tangent curve to the]ell vvhhu radius Of MOM D`u
central mno|e . 14o5g' 56°and a chord(bu1 bears N62mO9'2|'' E3l8.46ft.,thence N ]8o3j'
33° E 54.74 ft,;thence northeasterly 42,26 ft alolig Et 11011-tallgellt Curve to the left with a radius
ofl2U6.0Oft_ u central angle of2o00'28'' and x chord that bears N5)o0V'09~ E4226f�,
theme N50o08'55'' E )V9.X4FL�thence N75o47'23''Bj5.46U.:thence N50oO8'55" E
2l2.82ft.-, thence,ru lo ]O~28"Yy43.46 ft.thence S50o0X' 55"vV39P.73ft.thence
son\|rm/e�ed�G6X.06d. onaourve1mLkcri�b�vvi�hooad�momfl �9600_ m�docurdodxn�ion[
3Zo0O'28"to the point of beginning
containing O.58acres,
The described parcel has mn area(if 2O.0O acres, more oo less and is along with and subject io
any existing easements and includes aqjaeeiit Lul-annexed road right-of-way for Highway 86/Bridger
Drive as described oil the Dittou Annexation Mop.
Section 2
The eftectivc date nf this annexation is January 28,20l3.
Section 3
lhc uuur\alimn of the above-described tract is subject to the terms of the Agreement dated
Sepien6erlO. 20l2. hyuudbchveunUheCh»of8uzem*uundC|uruO. I]ittooLivin&Tnxstmvncrsofouid
tract of land.
PASSEL? AND APPROVED by the City Commission of the City of Bozeman. Montana, at a
regular session thereof hell on the 28th day of January,2013,
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AP13ROVED AS TO FORM:
E SULaLIVAN
City Attorney
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