HomeMy WebLinkAboutOrdinance 79- 1018, Extends tract of land
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ORDINANCE NO. 1018
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TO
INCLUDE A TRACT OF LAND LYING IN THE SE~ OF SECTION 8, THE SW~ AND SE~
OF SECTION 9, AND THE NW~ AND THE NE~ OF SECTION 16, TOWNSHIP 2, SOUTH,
RANGE 6 EAST, M.P.M.,GALLATIN COUNTY, MONTANA, WHICH IS CONTIGUOUS TO
THE CITY OF BOZEMAN, WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN. I
WHEREAS, on the 6th day of November, 1978, at a public hearing held in the Commission
Chambers in the City Hall Building in the City of Bozeman, a representative of the munic-
ipality designated by the governing body made an explanation of a planned service report
as required by Section 11518, R.C.M. 1947, act of which residents of the territory des-
cribed in the notice of public hearing and all residents of the municipality were given an
opportunity to be heard, and
WHEREAS, more than seven (7) days and less than sixty (60) days have elapsed following
such public hearing, and
WHEREAS, for a period of twenty (20) days after the public hearing no expressions of
disapproval in writing from resident freeholders of the territory proposed to be annexed were
received by the City Clerk of the City Commission, or at all, and
WHEREAS, the external boundaries of the area to be annexed are described below:
A tract of land lying in the SE~ of Section 8, the SW~ and SE~ of Section
9, and the NW~ and NE~ of Section 16, Township 2 South, Range 6 East, M.P.M.,
Gallatin County, Montana, and described as follows:
Beginning at a point where the Northerly right-of
way line of 1-90 Median Centerline intersects the East line of the SW~ SE~ of the
said Section 8, which point bears South 890 54' 41" West a distance of 1325.42
0
feet and North 0 00' 40" West, a distance of 714.43 feet, more or less,from
the Southeast corner of said Section 8; thence along a spiral curve to the
right, having deflection of 00 22' 34", a distance of 38.26 feet, to a point
130 feet Northeasterly when measured radially from the Median Centerline curve
to spiral Station 190+12.4, thence Northwesterly along a curve to the right I
of 2162 feet radius, 130 feet Northeasterly on and parallel to said Median
Centerline a distance of 370.14 feet to a point 130 feet Northeasterly when
measured radially from said Median Centerline Station 186+20; thence North
410 12' 43" West, a distance of 116.3 feet to a point 160 feet, Northeasterly
when measured radially from said Median Centerline Station 185+00, thence 160
feet distant Northeasterly and parallel to said Median Centerline curve to
the right radius 2132 feet, a distance of 599.6 feet to a point of intersection
with a line which is parallel to and 120 feet distance southerly of the center-
line of "E" line Station 44+40.2, thence North 870 53' 30" East, parallel to
said "E" line, a distance of 167.6 feet; thence Easterly along a curve to the
right of 1026.0 feet radius, parallel to said "E" line, a distance of 432.87
feet; thence South 670 56' East, parallel to said "E" line a distance of 304.0
feet to the East line of the SW~ SE~ of said Section 8; thence North 00 12'
East along the West line of the Certificate of Survey recorded on Film 7, Page
1072, of the Clerk and Recorders Office, Gallatin County, a distance of 49.34
feet to a point on the Southwesterly right of way of U.S. Highway No. 10,
which point is 80.0 feet right when measured at right angles to highway center-
line station 51+58.0; thence along said right of way in an arc to the left of
radius 8595.0 feet a distance of 846.70 feet, whose chord bears South 700 26'
23" East a distance of 846.32 feet; thence the North line of Certificate of
Survey No. 475 along a 8595.0 foot radius curve to the left, whose tangent
bearing at the P.C. is South 740 58' 16" East, through a deflection of 000
51' 16" left a distance of 128.17 feet; thence South 740 07' East a distance
of 1018.50 feet to the Northeast corner of Certificate of Survey No. 475;
thence continuing along said U.S. 10 right-of-way South 740 07' East a distance
of 764 feet to the Northeast corner of Certificate of Survey No. 558; thence
South 730 55' 49" East, along said right of way, a distance of 2281.45 feet;
thence South 000 04' 25" West a distance of 668.51 feet6 thence North 730
49' 07" West a distance of 940.73 feet; thence South 00 16' 17" East, a dis-
tance of 88.86 feet to the Northerly right of way of 1-90; thence along said
right of way through the followng courses: North 700 44' 18" West, a distance
of 160.31 feet, North 560 15' 34" West, a distance of 160.31 feet, North 560 I
15' 34" West, a distance of 160.31 feet, North 560 15' 34" West, a distance of
0
41.31 feet, North 70 40' 39" West a distance of 152.29 feet, to the Southwest
0
corner of Tract C, Certificate of survey No. 558; thence North 70 32' 45" West
using 1-90 datum a distance of 465.00 feet; thence North 840 34' 55" West a
distance of 82.46 feet; thence North 700 32' 45" West a distance of 1245.00
feet to the Southeast corner of Certificate of survey No. 475; thence North
700 34' West a distance 1165.53 feet to the Southern corner common to Certif-
icate of Survey No. 475 and No. 246; thence North 700 34' West a distance of
631.90 feet; thence on and along a spiral curve to the right, 130.00 feet
Northeasterly of the centerline spiral, having a deflection of 10 12' 45" per
100 feet, a distance of 214.86 feet to the point of beginning, and containing
78.3 acres more or less.
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WHEREAS, the City Commission does specifically find as follows:
(a) The territory to be annexed is contiguous to the municipality at the time the
annexation proceedings commenced;
(b) No part of the area to be annexed is included within the boundary of another
incorporated municipality;
I (c) That the territory proposed to be annexed is included within and conforms to a
comprehensive plan as prescribed in Title 11, Chapter 38, R.C.M. 1947;
(d) That no part of the area to be annexed is included within the boundary of any
fire district organized under the provisions of Title 11, Chapter 20, R.C.M. 1947, which
was organized at least ten (10) years prior to the inception of such attempted annexation;
(e) That in fixing the new municipal boundaries the use of natural topographic features
has been employed wherever practical; and
WHEREAS, it is the intent of the City of Bozeman to provide the services to the area
being annexed as set forth in the planned services report as required by Section 11-518,
R.C.M. 1947.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN AS FOLLOWS:
That all of the above described land is hereby annexed to and included within the cor-
porate limits of the City of Bozeman, Montana to wit:
That from and after the 10th day of February, 1979, this ordinance and the annexation
of said lands shall become effective, and the territory described above and its citizens
and properties shall be subject to all debts, laws, ordinances and regulations in force in
the City of Bozeman, Montana, and shall be entitled to the same privileges and benefits as
other parts of said municipality.
The aforesaid annexed territory shall be subject to municipal taxes levied for the
fiscal year following the effective date of annexation.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at regular
I session held on the 10th day of January, 1979.
MAYOR
ATTEST:
Clerk of the City Commission
State of Montana )
County of Gallatin)
City of Bozeman )
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman,
do hereby certify that the foregoing Ordinance No. 1018 was published
by title and number in the Bozeman Daily Chronicle, a newspaper of gen-
eral circulation printed and published in said Bozeman in the issue of
the1J~ day of January, 1979, and due proof of such publication is on
I file in my office.
IN WITHNESS WHEREOF I hereunto set my hand and affix the corporate
seal of my office this 22nd day of January, 1979.
Clerk of the City Commission
ORDINANCE NO. 1018