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HomeMy WebLinkAboutResolution 5440 Silo AnnexationPage 1 of 4 RESOLUTION NO. 5440 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN 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 TRACTS TOTALING 125.265 ACRES, KNOWN AS THE SILO ANNEXATION, APPLICATION 21442. WHEREAS, the City of Bozeman received a petition for annexation requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 114.69 acres, located south of E. Valley Center Road and west of Davis Lane; and WHEREAS, the petition was submitted by the landowner on November 15, 2021 requesting the City Commission to extend the boundaries of the City of Bozeman; 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 July 28, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on July 28, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Resolution 5440,Silo Annexation Page 2 of 4 WHEREAS, the provision of available services to said tracts as described is the subject of an Annexation Agreement; and WHEREAS, the City of Bozeman is required to annex adjacent public right of way such as that obtained by the Montana Department of Transportation for E. Valley Center Road; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these tracts 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, 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 125.265acres, to wit: Legal Description Parcels of land being: An area of land comprised described as follows: Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654; situated in the NE 1/4 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 1/4 of Section 27, Township 1 South, Range 5 East, thence N.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeast corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 464.88 feet along the east line of said Section27 to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said right of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence along a non-tangent curve to the left having a radius of 523.09 feet and a central angle of DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Resolution 5440,Silo Annexation Page 3 of 4 17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing of N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the left having a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curve having a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a distance of 59.79 feet; thence along a non-tangent curve to the left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet, said curve having a chord bearing of N.78°53'01"W. for 616.25 feet; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line of Section27 to the C 1/4 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27 to southwest corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of Beginning containing 114.69 acres more or less. All as depicted on Exhibit A - the SILO Annexation Map. And That public right of way for E. Valley Center as depicted on sheets 14 and 15 of the plans for Montana Department of Transportation Project Number STPS 235-1(6)5 from station 38+00 to station 4+95.56 to include the entire width of the right of way to the northern boundary line of the right of way to include that portion of the spur road shown on said plans and not including Tract 2, Certificate of Survey 1372 or the right of way for Interstate 90; and containing 10.575 acres more or less. As depicted on Exhibit B – Excerpt Sheets from STPS 235-1(6)5 Section 2 The effective date of this annexation is five business days after adoption of this Resolution: 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: DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 Resolution 5440,Silo Annexation Page 4 of 4 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 S0°36'05"W 2552.36'N89°29'32"E 2221.92' N 5 3 ° 3 2 ' 2 7 " W 1 3 5 0 . 1 1 ' 30' 30' 50' N0°36'43"E 189.74' N89°23'17"W 50.00' N33°51'43"W 120.68' 50' N82°50'39"W 59.79'N54°16'17"W 147.56' N39°33'03"W 62.05' N89°29'25"E 420.77' N0°36'43"E 464.88' N53°32'27"W 302.20' N0°36'43"E 189.78' N0°36'43"E 195.38'30'30'E27SE27SE27SE27SE27S12W12W12W12W12W12WE27S E27S E27S 16W 16W 16W 16 W 16 W 16 W 8W 8W 8W 8W R=523.09' L=160.42' Δ=17°34'16" CB=N9°16'00"W CH=159.79' R=1849.86' L=375.42' Δ=11°37'40" CB=N61°36'08"W CH=374.77' R=1834.86' L=619.18' Δ=19°20'05" CB=N78°53'01"W CH=616.25' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2022 Plotted by jon c. wilkinson on Oct/6/2022N:\6916\002 - Davis Ln ZMA and Annex\ACAD\Exhibits\6916002-Annexation Map.dwgANNEXATION MAP BOZEMAN MONTANA 6916.002 SHT. 1 JCW JCW MEE 09/2022engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 300 EAST 14 SECTION 27 60' COUNTY ROAD EASEMENT DAVIS LANE HIGHWAY RIGHT OF WAY PER I-IG-90-6(3)287 PLANS BOOK 145, PAGE 293 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 640 V A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 643 P.O.B. ALL THAT PART OF THE NE 1 4 OF SECTION 27 LYING SOUTH AND WEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED IN BARGAIN AND SALE DEEDS FILM 143, PAGE 640, FILM 143, PAGE 643, AND BOOK 145, PAGE 293, EXCEPTING THEREFROM TRACT 1 OF CERTIFICATE OF SURVEY No. 3035; SITUATED IN TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA,SECTION 26SECTION 27PARC E L 1 COS 3 0 3 5 EASEMENT AREA PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 643 EASEMENT AREA PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 640 Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654; situated in the NE 14 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 14 of Section 27, Township 1 South, Range 5 East, thence N.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeast corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 464.88 feet along the east line of said Section27 to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said right of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence along a non-tangent curve to the left having a radius of 523.09 feet and a central angle of 17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing of N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the left having a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curve having a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a distance of 59.79 feet; thence along a non-tangent curve to the left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet, said curve having a chord bearing of N.78°53'01"W. for 616.25 feet; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line of Section27 to the C 14 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27 to southwest corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of Beginning containing 114.69 acres more or less. WARRANTY DEED DOCUMENT No. 2736653 PARCEL 1 WARRANTY DEED DOCUMENT No. 2736653 PARCEL 2 WARRANTY DEED DOCUMENT No. 2736654 VALLEY CENTER SUB.LOT 1 VALLEY CENTER SUB.LOT 1 A LOT 7 LOT 7 A LOT 8 LOT 8 LOT 1 1 LOT 1 1 A LOT 1 1 B PARK MINOR SUB 426LOT 5LOT 42022 - SILO ANNEXATION MAP ANNEXATION AREA SUMMARY REMU ZONING: TOTAL ANNEXATION AREA: 114.69 acres (4,995,896.4) Sq. Ft. LEGAL DESCRIPTION 114.69 acres (4,995,896.4) Sq. Ft.BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: RESID E N TI A L MIXE D U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E S I D E N TI A L MIXED U S E ZONI N G - R - 5 IN T E R S T A T E - 9 0 - H I G HW A Y WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTBOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D TRAC T A- 1 COS 1 6 5 A PARC E L 2 COS 3 0 3 5 PRO P O S E D Z O NI N G: R E M U DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66 DocuSign Envelope ID: 9151BAB5-1DDF-41A7-A169-3959C911AF66