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HomeMy WebLinkAboutResolution 4486 Annexation of Flanders Mill LLC City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 so RESOLUTION NO. 4486 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 Flanders Mill LLC. requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 81.0203 acres lying east of Flanders Mill Road and south of Baxter Lane; and WHEREAS, Flanders Mill LLC is the current landowner of record of property described Certificate of Survey 2834, located in the W V2 of Section 3, Township 2 South Range 5 East,, 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 Commission's goals and policies for annexation and was presented to the Commission on November 4, 2013; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 4, 2013; 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,an annexation agreement had been prepared and executed by the applicant; and 2467913 Page: I of 4 11112/2013 04 58:09 PM Fee: $28.00 Charlotte, Mills - Gallatin County, MT misc 111111111111111111111111111111111111111111111111111111111111111111111011�1111 1111 IN WHEREAS, on November 4, 2013, the Commission reviewed and approved the final annexation agreement and authorized City Staff 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 Certificate of Survey 2,834 located in the NW 1/4 of Section 3, Township 2 South Range 5 East, PMM, 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.CA,, 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 in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey No. 2834, and the adjacent County Road Right of Way for Flanders Mill Road, all described as follows: Beginning at the North Quarter Comer of said Section 3; thence southerly 180'58'23", assumed azimuth from north., 2,641.51 feet along the east line of the Northwest Quarter of said Section 3 to the Center Quarter Comer of said Section 3; thence westerly 269'53'09" azimuth 722,46 feet along the cast-west quarter section line of said Section 3; thence northerly 000'55'49" azimuth 65.01 feet; thence westerly 269'53'09" azimuth 630.00 feet along the north public street easement line for Oak Street and its westerly extension; thence northerly 000°55'49" azimuth 2,570.08 feet along the west right of way line of Flanders Mill Road and its northerly extension; thence easterly 089'36'58" azimuth 1,354.57 feet along the north line of the Northwest Quarter of said Section 3 to the point of beginning, Area= 3,529,242 square feet, 81.0203 acres or 327,877.3 square meters. 2 The described parcel has an area of 81.0203 acres, more or less and is along with and subject to any existing casements and includes adjacent road right-of-way for Flanders Mill Road as described on the Flanders Mill Annexation Map. Section 2 The effective date of this annexation is November 5, 2013. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated November 5, 2013, by and between the City of Bozeman and Flanders Mill LLC owners of said tract of land. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of November,2013. SEAN A. BECKER Mayor ' ATTEST a " IT, Y City�,Z APPROVED AS TO FORM: / S ULLIVAN Z I IL City Attorney 3 , FLANDERS MILL ANNEXATION MAP OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PHASE 3A PHASE I EXISTING ZONING R-1 21 Nxter Lane 4 &5D,5' NORTHERLY N.LINE OF NW SEE CCR Fix.31 DOC NO. 400611 on PROPOSED R­3 ZONING PART OF PROPLRTY IN TRACT 1, CCS 2834 3,452,137 SQ FT EASTING ZOIMG: A--,,S +311 792502 ACRES (COUNTY) WIDE ELECTRIC POWER LINE 30' WIDE FLANCERS MILL CASEMENI PER DOC. NO 2051456 ROAD RIGHT OF WAY 77,105 SO FT 1,7701 ACRFS PORTION OF TRACT 1. fOFAL ANNEXATICN AREA �,529,242 SO FT 81,0203 ACRES COS 2834 TO BE ANNEXED 3,452,137 SO FT PU 30' FLANDERS MILL ROAD RIGHT OF WAY ANNEXATION (Cil Y) 77,105 SO FT dql I , 1�1 1 1.7701 ACRES" '4 ZONING CL UNNAMED BAxrER CREEK TRIBUIARY 729.66 08T53TV Utz' EASEMENT PER OOC NO. 2051454 FND SANITARY SE%ER MANHOLE AT c W X.COR. SEC. 3 �J� PERPETUAL SUPSTATION 1 1 SET PREVMUS MONUMENT LOCATION. FIN D RECAP )N/ EASEMENT Lp DOC No. 65 55,01 CDMPUTEI)POSITION, SEE CCR EIK� 2. P 16M 63040 26 SET PUBLIC STREET PER \PHASE 11 N. LEGEND A Traci of Land in the WeM Hall of Section 3, Township 2 South, Range 5 Cask of P M.M., G.I`dJ7 Eanty—,"4­.ntar�h,­®rd beirg NEW ZONINC BOUNDARY thcl part of True[ 1: Certlicote of 5­oy No, 2834, and the adjacent County Road FPIgFrt of Way for Flandom Mill Read, oil EXISTING WETLANDS Beginring at the Nowth Duorter Corner OF Seetiori 3� Force �ttuthcrly 18058'2S', .—i—d —muth f— north, '13"',' "a, `Uo" the east line 0 f the Norlithwoot Quarter of sold Section 3 to the Center Quarter Corner of sold Seek on, 3 'a we'llefy 269'5,3'09" azirr.ih 72246 feet �Wnq the 9-ror I..ti.n line of—ld Section 3i there. northerly 00955'49"' ,1'wth 6501 f.M� I w­t.rly 269'53'09' WI—th 630.00 feet along the north peble street em nnervt 1,me Far On, Street and Its westerly e4ension: thende rortherI� 00755'49' azimuth 2,1!570.108,feet oIong the w a t right of way line of Flanders Mit Read and its —therl, the-s eaatorl� 089'36'58' zirnath 1 354 57 feet oc,g the north line of the Northwest Quarter of soma Section 3 to the point OF beginning. 2111 0 Soak In Mai-