HomeMy WebLinkAboutResolution 3236 Intent to annex 13.096 acres-Deaconess
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COMMISSION RESOLUTION NO. 3236
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from Allied Engineering Services, Inc., on behalf of Bozeman Deaconess
Health Services, owner of the tract sought to be annexed herein, requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include within the
boundaries of the City of Bozeman, Montana, certain contiguous tract of land lying west of
Highland Boulevard and south of Hillcrest Retirement Center; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
That tract of land located in the Southeast One-Quarter of the Northeast
One-Quarter and the Northeast One-Quarter of the Southeast One Quarter
of Section 18, Township 2 South, Range 6 East, Principal Meridian
Montana, Gallatin County, Montana, and being more particularly described
as follows:
Considering the line from the Center-East One-Sixteenth Corner of Said
Section 18 to the Northeast One-Sixteenth Corner of Said Section 18 to
bear North 000038'47" West, with all bearings contained herein relative
thereto:
Commencing at the Center-East One-Sixteenth Corner of Said Section 18;
Thence along the south line of the West One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section, South 890026'51" East, 42.26 feet to the Point of Beginning:
Thence continuing along said line, South 890026'51" East, 288.84 feet to
the Southwest Corner of the East One-Half of the Southwest One-Quarter
of the Southeast One-Quarter of the Northeast One-Quarter of said Section
18;
Thence along the west line of said East One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18, North 000026'48" West, 668.47 feet to the Northwest
Corner of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One.Quarter of said Section 18;
Thence along the north line of said East One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18, South 890012'48" East, 333.47 feet to the Northeast
Corner of said East One-Half of the Southwest One.Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18;
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Thence along the east line of said East One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18, South 000014'42" East, 667.07 feet to the Southeast
Corner of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18;
Thence along the south line of said East One-Half of the Southeast
One-Quarter of the Northeast One-Quarter of said Section 18, South
890026'51" East, 594.27 feet to a point on the west line of the Highland
Boulevard Right Of Way;
Thence along the west line of said Highland Boulevard Right Of Way, South
000007'28" West, 289.80 feet to the point of intersection of said Highland
Boulevard Right Of Way with the north line of Block 3A as shown on the
Plat of LeClairs Rearrangement of Blocks 2, 3, 4, and 5, Graf's First
Subdivision, Second Filing, as recorded at the office of the Gallatin County
Clerk and Recorder;
Thence along said north line of Block 3A as shown on said Plat of LeClairs
Rearrangement of Blocks 2, 3, 4, and 5, Graf's First Subdivision, Second
Filing, South 890042'28" West, 618.83 feet to the southeast corner of
Tract 2 as shown on Minor Subdivision No. 68 as recorded at the office of
the Gallatin County Clerk and Recorder;
Thence along said Tract 2 as shown on Minor Subdivision No. 68, the
following five (5) courses:
North 000000'28" East, 21.11 feet;
South 890042'28" West, 450.45 feet;
North 090057'23" East, 8.95 feet;
South 890042'28" West, 144.50 feet;
North 000016' 18" West, 277.78 feet to the Point of Beginning;
and
WHEREAS, this tract contains 13.096 acres of land, more or less, along with and
subject to all existing easements of record or of fact; and
WHEREAS, the above-described tract is the subject of plats or Certificates of
Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared and submitted to the
Commission; and
WHEREAS, the Commission has duly reviewed and considered said written
annexation staff report; and
WHEREAS, prior to annexation, an agreement between the City and the owner of
said tract addressing issues that are in the best interests of the City of Bozeman, such as,
but not limited to, rights of way, easements, traffic signals, water rights or cash-in-lieu,
waivers of right to protest creation of SIDs, and water and sewer hookup fees, to said
contiguous tract and other parcels directly affected or impacted by this annexation, shall be
fully executed; and
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WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants
thereof and of the inhabitants of the contiguous tract hereinbefore described to extend the
boundaries of the City of Bozeman so as to include said contiguous tract of land hereinbefore
described within the corporate limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services
to the contiguous tract hereinbefore described will be the subject of a mutual agreement
between the City of Bozeman and the real property owners of the tract, that it is in the best
interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said
contiguous tract that the boundaries of said City of Bozeman be extended so as to include
the contiguous tract hereinbefore described within the boundaries and corporate limits of the
City of Bozeman, Montana.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be
held in the Commission Room in the Municipal Building of said City on the 15th day of June
1998, at 7:00 p.m., is hereby designated as the time and place at which comments in favor
of or opposed to the annexation of the property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4312, M.C.A., the Clerk of the City Commission shall:
a. Immediately notify in writing, addressed to the address to which
tax notices are sent, all owners and purchasers under contract for
deed of the property in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle,
the newspaper nearest the parcel of land to be embraced within
the corporate limits and boundaries of the City of Bozeman, at
least once a week for two successive weeks.
Section 4
The notice to be given by the Clerk of the City Commission shall be to the effect
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that such resolution has been duly and legally passed, and that the Clerk of the City
Commission will receive written comments of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from real property owner of the area
proposed to be annexed, and that the written comments, if any, must be filed with the Clerk
of Commission not later than 5:00 p.m. on Wednesday, June 10, 1998.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 18th day of May 1998.
4~~~
ALF M. STIFF, May;r
ATTEST:
~ ;I~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of Bozeman held on the 18th day of May 1998, Commission Resolution No. 3236 was duly
and regularly passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
The 13.096 acres of real property proposed for annexation by Allied Engineering
Services, Inc., on behalf of Bozeman Deaconess Health Services, lying west of Highland
Boulevard and south of Hillcrest Retirement Center, in the County of Gallatin, State of
Montana, is described as follows:
That tract of land located in the Southeast One-Quarter of the Northeast
One-Quarter and the Northeast One-Quarter of the Southeast One Quarter
of Section 18, Township 2 South, Range 6 East, Principal Meridian
Montana, Gallatin County, Montana, and being more particularly described
as follows:
Considering the line from the Center-East One-Sixteenth Corner of Said
Section 18 to the Northeast One-Sixteenth Corner of Said Section 18 to
bear North 000038'47" West, with all bearings contained herein relative
thereto:
Commencing at the Center-East One-Sixteenth Corner of Said Section 18;
Thence along the south line of the West One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section, South 890026'51" East, 42.26 feet to the Point of Beginning:
Thence continuing along said line, South 890026'51" East, 288.84 feet to
the Southwest Corner of the East One-Half of the Southwest One-Quarter
of the Southeast One-Quarter of the Northeast One-Quarter of said Section
18;
Thence along the west line of said East One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18, North 000026'48" West, 668.47 feet to the Northwest
Corner of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18;
Thence along the north line of said East One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18, South 890012'48" East, 333.47 feet to the Northeast
Corner of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18;
Thence along the east line of said East One-Half of the Southwest
One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of
said Section 18, South 000014'42" East, 667.07 feet to the Southeast
Corner of said East One-Half of the Southwest One-Quarter of the
Southeast One-Quarter of the Northeast One-Quarter of said Section 18;
Thence along the south line of said East One-Half of the Southeast
One-Quarter of the Northeast One-Quarter of said Section 18, South
890026'51" East, 594.27 feet to a point on the west line of the Highland
Boulevard Right Of Way;
Thence along the west line of said Highland Boulevard Right Of Way, South
000007'28" West, 289.80 feet to the point of intersection of said Highland
Boulevard Right Of Way with the north line of Block 3A as shown on the
Plat of LeClairs Rearrangement of Blocks 2, 3, 4, and 5, Graf's First
Subdivision, Second Filing, as recorded at the office of the Gallatin County
Clerk and Recorder;
Thence along said north line of Block 3A as shown on said Plat of LeClairs
Rearrangement of Blocks 2, 3, 4, and 5, Graf's First Subdivision, Second
Filing, South 890042'28" West, 618.83 feet to the southeast corner of
Tract 2 as shown on Minor Subdivision No. 68 as recorded at the office of
the Gallatin County Clerk and Recorder;
Thence along said Tract 2 as shown on Minor Subdivision No. 68, the
following five (5) courses:
North 000000' 28" East, 21. 11 feet;
South 890042'28" West, 450.45 feet;
North 090057'23" East, 8.95 feet;
South 890042'28" West, 144.50 feet;
North 000016'18" West, 277.78 feet to the Point of Beginning.
For a period of twenty (20) days following the first publication of this Notice, the
Clerk of Commission will receive comments, in writing, of approval or disapproval of the
proposed extension of the boundaries of the City of Bozeman from the real property owner
of the area proposed to be annexed. The deadline for this written comment is 5:00 p.m. on
Wednesday, June 10, 1998. In addition, a public hearing shall be held on Monday, June 15,
1998, at 7:00 p.m. in the Commission Room of City Hall, at 411 East Main Street,
Bozeman, Montana, for the purpose of hearing testimony in support of or in opposition to
the annexation of the above-described real property.
DATED this 19th day of May 1998.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, May 21, 1998
Thursday, May 28, 1998
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ACKNOWLEDGE
RECEIPT OF NOTICE
COMMISSION
RESOLUTION NO. 3236
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 13.096 ACRES LYING WEST OF HIGHLAND BOULEVARD
AND SOUTH OF HILLCREST RETIREMENT CENTER
IN THE
COUNTY OF GALLATIN,
STATE
OF MONTANA
\::JtO~h.Ao~rcl(#/~k ' ,P'r~J/.-Lrlllc:.r:cJ for Bozeman
Deaconess
:l J. 11 A.. /7J^] ,1998
Health Services, does hereby acknowledge that on the, Clay of (s)he received a copy of said Notice and hereby waives any requirement
for personal service
of said Notice. And, further, that (s)he presently resides in Gallatin County, State of
Montana.
DATED this ~~fl 7?1A Y
, 1998.
' day of
/
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NOT
ARY PUBLIC
ST A TE OF MONT ANA )
COUNTY OF GALLA TIN )
On the ;;2'). "J day of :ll;b.;; 1998, before me, a Notary Public for the
State of Montana, personally appeared ~;I,.. My) W;f} , known to
me to be the ~tJl;)..q t / C, ~1J of Bozeman Deaconess Health Services, is
/
subscribed to the within instrument and aCknowledged to me that (s)he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first written above.
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