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HomeMy WebLinkAboutResolution 5404 West University Properties Annexation AgreementVersion April 2020 Page 1 of 3 RESOLUTION 5404 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS 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 TRACTS, KNOWN AS THE WEST UNIVERSITY PROPERTIES ANNEXATION, APPLICATION 21409. WHEREAS, the City of Bozeman received a petition for annexation West University, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 95.65 acres, described herein; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on April 2, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on April 2, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on November 15, 2022, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Version April 2020 Page 2 of 3 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 tracts as described is the subject of a written agreement between the City and the Landowner; 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, to wit: 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 approximately 95.65 acres, to wit: Legal Description WEST UNIVERSITY PROPERTIES ANNEXATION MAP PROPERTY DESCRIPTION: A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 1 91B, excepting out Lot 1A of Minor Subdivision 503 A, located within the South East One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.0.B), which is the One Quarter Corner common to Section s 14 and 23 and upon the centerline of West Stucky Road; thence, Leaving said centerline, N 01” 12’ 35" E, a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence, along said Easement Line, S 88" 13’ 47" E, a distance of 146.63 feet to a point; thence, Leaving said Easement Line, N 01” 12’ 35" E, a distance of 2298.03 feet to a point; thence, S 88” 55’ 43" E, a distance of 1323. 98 feet to a point; thence, S 09” 43’ 14" W, a distance of 1032.74 feet to a point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88’ 33’ 49" E, a distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07“19’ 59" W, a Distance of 222.12 feet to a point; thence, S 28” 55’ 08" W, a distance of 77.03 feet to a point; DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Version April 2020 Page 3 of 3 thence, S 46” 16' 01" W, a distance of 79.96 feet to a point; thence, S 00” 37’ 20" W, a distance of 89. 39 feet to a point; thence, S 88” 37’ 39" E, a distance of 566.00 feet to a pint on the West ROW of South 19th avenue; thence, along said West ROW, S 01’ 3S’ 23" W, a distance of 893. 4S feet to a point on said ROW, the intersection of the centerline of said West Stucky road and the line comm on to said sections 14 and 23; thence, leaving said ROW and continuing along said section line and the centerline of said West Stucky road, N 88” 13’ 47" W, a distance of 2496.12 feet to the P.O.B. Said area being 4,166, 466 square feet or 95.65 acres more or less, along with and subject to all easements of record. Section 2 The effective date of this annexation is November 15, 2022. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of November, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66