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HomeMy WebLinkAboutResolution 3315 Annex Sukut tract ---.- ._~---- ~_. --- ----- - .-.--- --.-. ~ fll W 2()1;.r~ 13....(J I I ~ . I"... . (, COMMISSION RESOLUTION NO. 3315 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 Ervin and Agnes V. Sukut, owners 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 along the north side of Baxter Lane and the west side of Thomas Lane 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 April 5, 1999; and WHEREAS, Commission Resolution No. 3282 was adopted by the City Commission on April 5, 1999, 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. 3282 was duly noticed and held on May 3, 1999; and WHEREAS, no objections to said annexation were raised at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on May 3, 1999, 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. 3282; and WHEREAS, the original application and subsequent documentation, including the resolution of intent to annex, described the acreage of the tract as "2.3639 acres of land, more or less", which requires amendment to read "2.574 acres"; and said amendment will not constitute a substantive change to the City's duly noticed proposal to extend the boundaries of said city to include the contiguous tract within the corporate limits of the city; and - _.- __'.'_00- .. ... . m~ 2,04 PMF1380 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 Ervin and Agnes Sukut, record owners 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 to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 2.574 acres of land, to wit: The Remainder of Baxter Lane Subdivision No.1, in the East one-half of the East one-half of the Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and more particularly described as follows: Commencing at the S ~ corner of said Section 35, thence N45 0 24' 16"W a distance of 42.18 feet to the intersection of the west right-of-way line of Thomas Lane with the north right-of-way line of Baxter Lane, the true point of beginning. Thence on said right-of-way line of Baxter Lane, S890 16'00"W a distance of 300.51 feet. Thence, leaving said north right- of-way line, NOoo05'30"W a distance of 373.05 feet to the southwest corner of Lot 7, Baxter Lane Subdivision No.1. Thence N890 16'32"E a distance of 300.63 feet to the southeast corner of said Lot 7, being a point on the west right-of-way line of Thomas Lane. Thence on said west right- of-way line, SOoo04'31"E a distance of 373.00 feet to the point of beginning. Said tract contains 2.574 acres along with and subject to all existing easements of record or of fact. Section 2 The effective date of this annexation is October 1, 1999. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated September 7, 1999, by and between the City of Bozeman and Ervin and Agnes Sukut. - 2 - ---.-.-. ..- .--..-.--.---.- -- .--.--. ----- _._n...____ ------ -- .. . fiLM 204 PArf 1381 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of September 1999. MA~U0Gt;&:; APPROVED AS TO FORM: - 3 - - __.._u_._____.,.. .__ . ~ I I ... - ~I rrl~ 2 Pi Cf 1382 ;C!ii 1;1 I - i =1 ~ ~ i~ ~ I ~~ e,~ d!!+ I ~ & ~ )j ~~ i~~!be!il ~ ~ ::) b! b i ~~~ t.1h~I12llil!s e E ~ ! ~ ~;i~~m~~~~ ~ ~ I ~~I~ :If~I!s.~~~9!2 . ! :If ~1!s~~~~~~t.1~ I I ~I Mad~1!s41!s\!!e ~ . ~~I !~i~alli~1 I. ~~I i~S~I!s~~sll!s B~ I~~ ~;~II~~~;I ~= o! ~!jj; ~~i ""~ -12'"" d 11':' ~ I I!s;~ ~1!s~l!sj~~m+i ~: =~S!! ~ ;~i~~ ~~~ IlliR~;~ia j~ n !~~ I n~~~1 ~h tl!s~~!I!hii~ ~~ ;: ~ t!sl I i~ 1 I\.~ C- .... ~ I \ Ii j : I ! ~ ",I ~ I Ii! I~ ~ . 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I I I I I ';1 . ! ! 2!iifi : : nli!- I I I I I I I I I I I I I I /402 r-: CJ TlIIS INSTR UMEN'I' WAS FILED FOR RECORD IN TIllS OFFICE ON ,) 1 0 THE 22ND DAY OF OCTOBER , A.D., 1999 OFFICE 0 < RECORDER) COUNTY OF GALLATIN ) AT 1: 05 PM., AND WAS DULY RECORDED IN BOOK 204 STATE OF I\10NTANA ) OF MISCELLANEOUS RECORDS, PAGE 1379 Fee $ 24.00 (CHG) S~.l/,,~ <11...... RECORDER. BY lffPu.-dL C , ~U) DEPUTY RT: CITY OF BOZEMAN .