HomeMy WebLinkAboutResolution 4525 Annexation for American Simmental Association Ci.c`y of Bozeman-city Clerk 2484594
P.O. Box 1230 Page: 1 of 5 06/27/2014 02 33:37 PM Fee $35 00
Charlotte Mills - Gallatin County, MT MISC
Bozeman, MT 59771-1230 illlllllllllllllllllllllllll11111I lllll11111EIIIIIIIIllllllllllll1111111111Ill
COMMISSION RESOLUTION NO. 4525
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 First Montana
Bank requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include an area of land containing 4.718 acres, lying southeast of the intersection of Campbell
Road and Springhill Road; and
WHEREAS, American Simmental Association, is the current landowner of record of
property described as Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development,
situated in the SETA of Section 26, T1 S, 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 January
13, 2014; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
January 13, 2014; and
WHEREAS, no members of the public spoke in opposition to said annexation at the
public meeting; and
Page 1 of 4
Resolution 4525, Simmental Annexation
WHEREAS, the City did not receive any written protest from the real property owners
of the area to be annexed; and
WHEREAS, on January 13, 2014, the Commission preliminarily approved the
annexation and authorized City Staff and Vision Development to prepare and execute the final
annexation agreement to be presented for consideration at a future City Commission meeting; and
WHEREAS, on April 21, 2014, the Commission reviewed and approved the final
annexation agreement and authorized City Staff and the Landowner 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,
reimbursement of the Bozeman Solvent Site Payback District, 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 Lot 1, Block 2, Walker Property
Subdivision, a Planned Unit Development, situated in the SETA of Section 26, T1 S, RSE, 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,that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann.,
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 4.718 acres, to wit:
Page 2 of 4
Resolution 4525, Simmental Annexation
Legal Description
An area of land comprised of two tracts described as follows:
Campbell Road Right-of-Way
A tract of land being a portion of the Campbell Road Right-of-Way adjacent to the northern
boundary of Lot 1, Block 2 of the Amended Plat of Walker property Subdivision, located in
Southeast One-Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin
County, Montana,more particularly described as follows:
BEGINNING at a Gaston yellow plastic cap at the northwest corner of said Lot 1, from which a
Gaston yellow plastic cap bears North 89' 59' 52" West a distance of 3.60 feet;
thence North 01° 39' 19" West a distance of 60.03 feet to a calculated position;
thence South 89° 59' 52" East a distance of 73.08 feet to a calculated position;
thence east a distance of 226.56 feet along a tangential curve concave south having
a radius of 767.73 feet, a central angle of 16' 54' 30", a chord bearing of South 81° 32' 3 8" East
and a chord length of 225.74 feet to a calculated position to a calculated position;
thence South 16' 54' 37" West a distance of 60.00 feet to a Gaston yellow plastic cap;
thence west a distance of 208.86 feet along a non-tangential curve concave south
having a radius of 707.77 feet, a central angle of 16' 54' 27", a chord bearing
of North 81° 32' 39" West and a chord length of 208.10 feet to a calculated position;
thence North 89' 59' 52" West a distance of 71.34 feet to the Point of Beginning containing acres
0.4000 acres more or less.
A tract of land being Lot 1, Block 2, Walker Property Subdivision, a Planned Unit Development,
situated in the SE1/4 of Section 26, T1S, RSE,PMM, Gallatin County, Montana and being
further described as follows:
Beginning at a point which is the NW corner of said Lot 1, said point also being at the SE corner
of the intersection of Springhill Road and Campbell Road; thence from said point of beginning
along the southerly right-of-way of Campbell Road the following two courses, (1) S89°59'52"E
74.94 feet and (2) along a curve to the right with a radius of 707.77 feet 208.86 feet to a point on
the westerly line of the Common Open Space Tract in said Block 2;thence along said line the
following two courses, (1) S41°15'21"E 598.12 feet, and (2) S39°54'20"W 121.62 feet to a point
on the northerly right-of-way line of North 19th Avenue; thence along said line the following
three courses, (1) along a non-tangent curve to the left having a radial bearing ofN37°25'00"E, a
radius of 1094.93 feet 251.71 feet, (2) along a spiral curve to the left having a chord bearing and
distance of N70°25'33W 268.10 feet, and (3)N73°01'05"W 112.20 feet to a point on the
easterly right-of-way line of Springhill Road; thence along said line the following three courses,
(1) along a non-tangent curve to the right having a radial bearing of S87°21'38"W, a radius of
7579.40 feet 177.41 feet, (2)N44°26'32"W 27.69 feet, (3)NO1°46'48"E 125.23 feet to the point
of beginning. Said Tract being 4.318 acres.
Page 3 of 4
Resolution 4525, Simmental Annexation
The described parcel has an area, including adjacent road right-of-ways, of 4.718 acres,
more or less and is along with and subject to any existing easements as described on the
Simmental Annexation Map.
Section 2
The effective date of this annexation is April 21, 2014.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated April 21, 2014, by and between the City of Bozeman and American Simmental Association
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 21 st day of April, 2014.
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APPROVED AS TO FORM:
GRE ULLIVAN
City Attorney
Page 4 of 4
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