HomeMy WebLinkAboutResolution 3847, Annex Smith tract
','~
0
, .
....
p:
COMMISSION RESOLUTION NO. 3847
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 Douglas L. Smith,
owner of the tract, requesting the City Commission to extend the boundaries of the City of Bozeman so
as to include a certain contiguous tract of land lying east of Flanders Mill Road and south of future Oak
Street extended 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 June 14, 2004; and
WHEREAS, Commission Resolution No. 3692 was adopted by the City Commission on June
14, 2004, 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. 3692 was duly noticed and held
on July 12, 2004; and
WHEREAS, on July 12, 2004, 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. 3692; 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 SID's and water and sewer
hookup fees, to said contiguous tract is the subject of a written agreement between the City and Douglas
L. Smith, record owner of the tract; and
WHEREAS, said contiguous tract is the subject of a plat or Certificate of Survey, filed in the
office of the Gallatin County Clerk and Recorder's Office; 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 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
[!\.ATlIOtK\ V. 1IIIIIUllmlllllll ~~.~~9~:
Sl'Iell.y \lanoe-Gallatin Co JIlT MISC 31.11
'~ .-. ~_._"~, '~
, ) .
..
#
to the City of Bozeman and that the boundaries of said City shat.1 be extended so as to embrace and
include such - 88 acres of land, to wit:
A tract of land being portions of the EY:rSW% and the WY:rWY:rSE% Section 3, T2S,
R5E, P.M.M., Gallatin County, Montana, and being further described as follows:
A portion of the EY:r of the SW% and the WY:r of the WY:r of theSE% of Section 3, T2S,
R5E, Gallatin County, Montana, consisting of :t:88.35 acres, and the adjacent public
rights-of-way of Flanders Mill Road and future Oak Street extended.
Section 2
The effective date of this annexation is October 1, 2005.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
September 19, 2005 by and between the City of Bozeman and Douglas L. Smith.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 19th day of Septem 05.
.. .
L. CETRARO, Mayor
IIIIIIII~III ~~9~~
',- Shell.y lJano.-Gallatin Co (liT I'IISC 33.10
.__._-._---_.~_/
-2-
_....,_._--_.,..,--'-~ _ ....___n. _.,,______ __. ......----,- ___ ~ -
-I..~ ~ 1111..mlll.III.II~1 ~.~~9~~
SMelley Yanot-oallatl" Co JIlT JIIISC 33.111
...-
..~."~ ---~-~,---~_._., ._~_.,-_..' .'._.... .,.-
SMITH #3 ANNEXATION MAP
A TRACT OF LAND BEING PORTIONS OF THE SlY1/4, NW1/4,
AND THE lY1/2lY1/2SE1/4 SECTION 3, T2S, R5E, P .M.M.,
GAlLATIN COUNTY, MONTANA
Point of 34
Beginning t<!>4
3 IMCT .M
GOs. .... !UOVI
4~3 1 "8S'
---
I
I
~ I ~
I N
I ......
m
I -
~
I
I i~1
I
I !::
, .
I fii
18
~
'OTl LOT'
_SIA!I.~ BLOCK ,
_ ESTAIlS .... 2
-,
~I ,
I I I
DESCRlPTlCXII 10
A tract of land being portions of the SW1/4" NW1/4, and the W1/2W1/2SE1/4 Section 3" T2S, RSE,
P.M.M., Gallatin County, Montana" and being further described as follows:
Beginning at 0 point which bears N86"SS'43"E a distance of 1294.S8 feet from the W1/4 corner of
said Section 3; thence N89.48'24"E a distance of 630"02 feet; thence SOO.S1'01"W a distance of
6S.01 feet to the E-W mid-section line of said Section 3; thence along the E-W mid-section line
N89"48'24'"E a distance of 1380.89 feet to the C-W-E1/64 comer; thence along the W-E1/64 line
SOO"S8'S7"W a distance of 1972.98 feet to the northeast comer of Diamond Estates Subdivision No.
2 Phose I; thence along the north line of sold Phase I and the north line of Lot 1 of Minor
Subdivision No. 2S3 N89"S9'30'"W a distance of 1604.37 feet to the southeast corner of Tract 1 of
Certificate of Survey No. 2360; thence along the east line of sold Tract 1 NOO"SO"29"E 0 distance
of 127.60 feet to the northeast corner of said Tract 1; thence along the north line of sold Tract 1
N89"S9'30"W a distance of 401.S4 feet; thence NOO.SO'28"E a distance of 1903.23 feet to the Point
of Beginning. Said tract being 90.552 acres along with and subject to any existing easements.
UlIIIIIY IW' .
........-
f..w~ T -
I
.-..-'"
LEGEND
- - - - - BOZEMAN CITY LIMITS
PROPOSED ANNEXATION
BOUNDARY