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HomeMy WebLinkAboutRESOLUTION NO. 3910COMMISSION RESOLUTION NO. 3910 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 Bozeman Deaconess Health Services, owner of a tract of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land lying along the west side of Highland Boulevard in the County of Gallatin, State of Montana; 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 May 18, 1998; and WHEREAS, Commission Resolution No. 3236 was adopted by the City Commission on May 18, 1998 declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as to include said contiguous tract within the corporate limits of the City; and WHEREAS, a public hearing on Commission Resolution No. 3236 was duly noticed and held on June 15, 1998; and WHEREAS, five members of the general public spoke on the matter of said annexation expressing general support of the annexation; and WHEREAS, one member of the general public questioned concern with the responsibility of installing infrastructure and streets with development of said property; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on June 15, 1998, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with Commission Resolution No. 3236; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of Special Improvement Districts and water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and Bozeman Deaconess Health Services, record owner of said tract; and WHEREAS, said contiguous tract is the subject of a plat(s) or Certificate(s) of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and - 2 - 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 thereof and of the inhabitants of the contiguous tract. 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 43, 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 13.096± acres of land, to wit: That tract of land located in the Southeast One-Quarter of the Northeast One-Quarter and the Northeast One-Quarter of the Southeast One Quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County Montana, and being more particularly described as follows: Considering the line from the Center-East One-Sixteenth Corner of Said Section 18 to the Northeast One-Sixteenth Corner of Said Section 18 to bear North 00/38'47" West, with all bearings contained herein relative thereto: Commencing at the Center-East One-Sixteenth Corner of Said Section 18; Thence along the south line of the West One-Half of the Southwest One-Quarter of the Southeast One- Quarter of the Northeast One-Quarter of said Section, South 89/26'51" East, 42.26 feet to the Point Of Beginning: Thence continuing along said line, South 89/26'51" East, 288.84 feet to the Southwest Corner of the East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the west line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, North 00/26'48" West, 668.47 feet to the Northwest Corner of said East One-Half of the Southwest One- Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the north line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 89/12'48" East, 333.47 feet to the Northeast Corner of said East One-Half of the Southwest One- Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the east line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 00/14'42" East, 667.07 feet to the Southeast Corner of said East One-Half of the Southwest One- Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; - 3 - Thence along the south line of said East One-Half of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 89/26'51" East, 594.27 feet to a point on the west line of the Highland Boulevard Right Of Way; Thence along the west line of said Highland Boulevard Right Of Way, South 00/07'28" West, 289.80' to the point of intersection of said Highland Boulevard Right Of Way with the north line of Block 3A as shown on the Plat of LeClairs Rearrangement of Blocks 2, 3, 4, and 5, Graf's First Subdivision, Second Filing, as recorded at the office of the Gallatin County Clerk and Recorder; Thence along said north line of Block 3A as shown on said Plat of LeClairs Rearrangement of Blocks 2,3,4, and 5, Graf's First Subdivision, Second Filing, South 89/42'28" West, 618.83 feet to the southeast corner of Tract 2 as shown on Minor Subdivision No. 68 as recorded at the office of the Gallatin County Clerk and Recorder; Thence along said Tract 2 as shown on Minor Subdivision No. 68, the following five (5) courses: North 00/00'28" East, 21.11 feet; South 89/42'28" West, 450.45 feet; North 09/57'23" East, 8.95 feet; South 89/42'28" West, 144.50 feet; North 00/16'18" West, 277.78 feet to the Point of Beginning. Said Tract contains 13.096 acres, more or less, and is subject to all easements of fact and record. Section 2 The effective date of this annexation is May 1, 2006. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated February 7, 2000 by and between the City of Bozeman and Bozeman Deaconess Health Services. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of April, 2006. __________________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: _____________________________________ DEVIN M. HARBOUR Acting City Clerk - 4 - APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney