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HomeMy WebLinkAboutResolution 4508 Hanson AnnexationC=ity of Bozeman-City Clerk P.O. Box 1230 v N Bozeman, NIT 59771-1230 m 3 rn n- COMMISSION RESOLUTION NO. 4508 gin 3 T A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS N 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 Hanson Irrevocable Trust and Vision Development, Inc., Dennis Balian, requesting the City Commission Q to extend the boundaries of the City of Bozeman so as to include an area of land containing 6.2076 acres, lying northeast of the intersection of Durston Road and Hanson Street; and WHEREAS, Vision Development, Inc., is the current landowner of record of property described as Tract 2A, COS 501 located in the Southeast One-Quarter (SE '/a) of Section 3, Township Two South (T02S), Range Five East (R5E), PMM, Gallatin County, Montana, requesting the City Commission to extend the boundaries of the City ofBozeman; 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 27,2014; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on January 27,2014; 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 January 27, 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 1 of 3 Resolution 4508, Hanson Annexation WHEREAS, on February 24, 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 Durston Road 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 Tract 2A, COS 501 located in the Southeast One-Quarter (SE '/) of Section 3, Township Two South (T02S), Range Five East R5E), PMM, Gallatin County, Montana; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests ofthe 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 6.2076 acres,to wit: Legal Description An area of land being Tract 2A of Certificate of Survey No. 501, together with the strip of land described in Document No. 2268861, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located the Southeast Quarter of Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and further described as follows: Commencing at the Southeast corner of Section 3, Township 2 South, Range 5 East; thence westerly 269°59'52" azimuth from north, 262.06 feet along the South line of said Section 3, to the Southeast corner of Tract 2A of Certificate of Survey No. 501 and the Point of Beginning of the Parcel herein described; thence continue westerly 269°59'52" azimuth, 392.83 feet along the South line of said Section 3 thence northerly 001°09'56" azimuth, 690.18 feet; thence easterly 090014141" azimuth, 364.86 feet; thence southerly 178°12'14" azimuth, 93.53 feet; thence easterly 089°59'52" azimuth, 30.00 feet; thence southerly 181°4943" azimuth, 595.29 feet to the point of beginning. Page 2 of 3 Resolution 4508, Hanson Annexation The described parcel has an area, including adjacent road right-of-ways, of 270,403 square feet or 6.2076 acres, more or less and is along with and subject to any existing easements as described on the Hanson Annexation Map. Section 2 The effective date ofthis annexation is February 24,2014. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated February 24, 2014, by and between the City of Bozeman and Vision Development, Inc., 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 24`1'day of February, 2014. JEF Z USS r 'C e•' . M ATTEST: J11 LD7EN%"• i a V CU ' APPROVED AS TO FORM: GRIW SULLIVAN City Attorney Page 3 of 3 119