HomeMy WebLinkAboutResolution 4501 Annexation of Lorie L. Hovanec Durston Roan and Valley Drive City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, NIT 59771-1230
co........
COMMISSION RESOLUTION NO, 4501
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 Loric L. Hovanec
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area
of land containing 4.02 acres, and adjacent road right-of-ways, for a total of 6.14 acres, lying southeast of
the intersection of Durston Road and Valley Drive; and
WHEREAS, Lorie L. Hovanec is the current landowner of record of property described as
Tract 7, Smith Subdivision located in the NW IIA of Section 11, T2S, R5E, 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 February 4,
201.3; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
February 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, on February 4, 2013, the Commission preliminarily approved the annexation
and authorized City Staff and Lorie L. 11ovanee to negotiate the final annexation agreement to be
presented for consideration at a future City Commission meeting; and
WHEREAS, on January 27, 2014, the Commission reviewed and approved the final
annexation agreement and authorized City Staff and the Landowner to execute the documents; and
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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 known as Tract 7 of the Smith Subdivision, with an
address of 31.0 Valley Drive, located in the NW 1/4 of Section 11, T2S, R5E, 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 4.02 acres, and adjacent road right-of-ways, to wit:
Legal Description
An area of land being Tract 7 of the Smith Subdivision on record with the Gallatin County Clerk and
Recorder and a portion of the Durston Road &Valley Drive Rights-of-Way, all located in the
Northwest One-Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian Montana
(P.M.M), Gallatin County, Montana being more particularly described as follows:
Beginning at a point on the section line between Sections 2 & 11 Township 2 South, Range 5 East,
Principal Meridian Montana(P.M.M);
thence North 89' 46' 00" East a distance of 317.08 feet;
thence South 00' 44' 00" West a distance of 164.00 feet;
thence North 89' 46' 00" East a distance of 10.00 feet;
thence South 00' 44' 00" West a distance of 1170.18 feet;
thence South 89' 27' 40" West a distance of 225.28 feet;
thence North 00' 46' 00" East a distance of 1.90 feet;
thence North 151.95 feet along a non-tangential curve concave to the cast having a radius of 794.00
feet and a central angle of 10' 57' 54"; a chord bearing of North 06' 14' 57"East and a chord length of
151.72 feet;
thence North I 1 0 44' 00" East a distance of 21.06 feet;
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thence north 140.92 feet along a non-tangential curve concave to the west having a radius of 734.00
feet and a central angle of 11°0 1'0 I"; a chord bearing of North 06' 14' 00" East and a chord length of
140.70 feet;
thence North 00' 43' 59" East a distance of 977.28 feet;
thence South 89' 46' 00" West a distance of 133.15 feet;
thence North 00' 14' 50" West a distance of 45.00 feet to the Point of Beginning
containing 6.135 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, including adjacent road right-of-ways, of 6.135 acres, more
or less and is along with and subject to any existing easements as described on the Pine Meadows
Annexation Map.
Section 2
The effective date of this annexation is January 27, 2014.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
January 27,2014, by and between the City of Bozeman and Lorie L. Hovanec,owner of said tract of land.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 27th day of January, 2014.
JLFFE S
May r
ATTE
MEN CMG
Sr ler
C
APPROVED AS TO FORM.
6R SULLIVAN
City Attorney
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