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Home My WebLink AboutResolution 3366 Intent to annex Bon Ton/Allison tract, 1.37 acres --...---... ~ .~--_.... - COMMISSION RESOLUTION NO. 3366 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. WHEREAS, there has been presented to the City Commission of the City of Bozeman a written application from David C. Jarrett, BonTon of Billings, Inc., owner of the tract sought to be annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include within the boundaries ot the City of Bozeman, Montana, a certain contiguous tract of land lying immediately west ot Figgins Addition, along the east boundary of the Allison Annexation; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: Two parcels of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right-ot-way located in the Northeast Quarter and Southeast Quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, said parcels being more particularly described as follows: Parcel A: Commencing at the southeast corner ot Minor Subdivision No. 84, as recorded in the Gallatin County Clerk and Recorder's Office, a point on the centerline of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right-of-way, being also the true point of beginning of Parcel A; thence South 00007'34" West, along said centerline, to the extended north line of Lot 1, Block 7, ot a Subdivision Plat of Figgins Addition (4th Phase), in the Gallatin County Records, a distance 255.85 feet; thence North 89018'53" East, along said extended north line to east side of said right-of-way, a distance of 50.01 feet; thence South 00007'34" West, along the east side ot said right-of-way to the south line of the Southeast Quarter of the Northeast Quarter ot said Section 24, a distance of 120.70 teet; thence South 89018'01" West, along the said south line to the southwest corner of the Southeast Quarter of the Northeast Quarter of said Section 24, a distance of 9.00 feet; thence South 89048'25" West, along the south line of the Southwest Quarter ot the Northeast Quarter of Section 24, to the east line of said right-ot-way a distance of 16.00 feet; thence South 00007'34" West, along the east side of said right-of-way to the extended south line of Certificate of Survey No. 793, in the Gallatin County Records, a distance of 247.53 feet; thence South 89048'25" West, along the extended south line of the said Certificate of Survey No. 793, to the west side of said right-ot-way, a distance of 50.00 feet; thence North 00007'34" East, along the west side of said right-of-way to the south line of Minor Subdivision No. 84, a distance of 623.50 feet; thence North 89017'05" East, along the south line of Minor Subdivision No. 84, a distance ot 25.00 teet to the point of beginning of Parcel A. . ...._.n .__ .--- ----- Parcel B: Commencing at the southeast corner of Minor Subdivision No. 84, as recorded in the Gallatin County Clerk and Recorder's Office; thence North 00007'34" East, along the centerline of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right-of-way, to the northeast corner of Allison Minor Subdivision, Phase I, in the Gallatin County Records, a distance of 960.10 feet, said corner being the true point of beginning of Parcel B; thence South 89026'58" West, along the north line of said Allison Minor Subdivision to the west side of said right-of-way, a distance of 25.00 feet; thence along the west side of said right-of-way the following four courses: North 00007'34" East, a distance of 105.31 feet to the beginning of a non-tangent curve to the right having a chord bearing of North 09026'05" East, a chord distance of 470.1 0 feet, a radius of 1457.50 feet and a central angle of 18033'40", thence along said curve an arc distance of 472.16 feet to the end of said curve; thence North 00025'41" East, a distance of 74.32 feet to the beginning of a non- tangent curve to the right having a chord bearing of North 25055'46" East, a chord distance of 231.90 feet, a radius of 1482.50 feet and a central angle of 08058' 19", thence along said curve an arc distance of 232.14 feet to the end of said curve; thence North 30030'59" East, to a point on the south line of the Summit Engineering Tracts as described by deed and shown on a survey, both being recorded in Book 155, Pages 491 through 493 in the Gallatin County Records, said line also being the south line of Certificate or Survey No. 1393A, a distance of 54.92 feet; thence North 89004'34" East, along said line to the centerline of said right-of-way, a distance of 58.60 feet; thence along the centerline of said right-of-way the following three courses: South 30030'59" West, a distance of 85.40 feet to the beginning of a non-tangent curve to the left having a chord bearing of South 15017'05" West, a chord distance of 747.82 feet, a radius of 1432.50 feet and a central angle of 30015'40", thence along said curve an arc distance of 756.58 feet to the end of said curve; thence South 00007'34" West a distance of 105.00 feet to the point of beginning. WHEREAS, this tract contains 1.37 acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tract is the subject of plats or Certificates of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, an annexation staff report has been prepared and submitted to the Commission; and WHEREAS, the Commission has duly reviewed and considered said written annexation staff report; and WHEREAS, prior to annexation, an agreement between the City and the owners of said tract addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of way, easements, traffic signals, water rights or cash-in-lieu, waivers of right to protest creation of SIDs, impact fees and water and sewer hookup fees, to said contiguous tract and other parcels directly affected or impacted by this annexation, shall be fully executed; and - 2 - ------ WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract hereinbefore described to extend the boundaries of the City of Bozeman so as to include said contiguous tract of land hereinbefore described within the corporate limits of said City of Bozeman, Montana. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared, subject to the condition that the provision of services to the contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City of Bozeman be extended so as to include the contiguous tract hereinbefore described within the boundaries and corporate limits of the City of Bozeman, Montana. Section 2 That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room in the Municipal Building of said City on the 17th day of July 2000, at 7:00 p.m., is hereby designated as the time and place at which comments in favor of or opposed to the annexation of the property will be heard by the Commission. Section 3 Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall: a. Immediately notify in writing, addressed to the address to which tax notices are sent, all owners and purchasers under contract for deed of the property in said contiguous tract to be annexed; and b. Cause a notice to be published in the Bozeman Daily Chronicle, the newspaper nearest the parcel of land to be embraced within the corporate limits and boundaries of the City of Bozeman, at least once a week for two successive weeks. Section 4 The notice to be given by the Clerk of the City Commission shall be to the effect - 3 - that such resolution has been duly and legally passed, and that the Clerk of the City Commission will receive written comments of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from real property owners of the area proposed to be annexed, and that the written comments, if any, must be filed with the Clerk of Commission not later than 5:00 p.m. on Thursday, July 13, 2000. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of June 2000. MARcl~uk:MaYOr ATTEST: ($_/ ~ ROBIN l. SULLIVAN Clerk of the Commission - 4 - ---.-.---."..---... -. ....--..., ------