HomeMy WebLinkAboutResolution 3217 Annexation of 148.05 acres - Gateway
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COMMISSION RESOLUTION NO. 3217
MU~ 1 '{9 fACE 21D7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS
TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
TRACT OF LAND CONTIGUOUS TO SAID CITY. TO BE KNOWN AS THE WEST
OAK STREET ANNEXATION (AND FORMERLY REFERRED TO AS THE GATEWAY
LIMITED PARTNERS
ANNEXA TION REQUEST) AND HEREIN
MORE
PARTICULARLY DESCRIBED.
WHEREAS. the City of Bozeman received a request for annexation
from Joseph W. Sabol
on behalf of Gateway Limited Partners, owner 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
located between Durston Road and West Oak Street extended, immediately
west of Annie
Subdivision, 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 June 16,
1997; and
WHEREAS. Commission Resolution No. 3185 was adopted by the City
Commission on
June 16. 1997, 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. 3185
was duly noticed and
opened on July 21, 1997; and
WHEREAS, the public hearing was continued to August 11, 1997.
at which time it was
conducted; and
WHEREAS. one individual expressed concern about the annexation;
and
WHEREAS. the City did not receive any written protest from the
real property owners of
the area to be annexed; and
WHEREAS. on August 11, 1997, 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. 3185; and
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 Walter Wolf, partner in Gateway Limited Partners, record
owner 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
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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 148.05 acres of land, to wit:
Southwest one-quarter
of Section 2, Township 2 South, Range 5 East, Montana
Principal Meridian,
Gallatin County, Montana, excepting therefrom the West one-
half, West one-half,
Northwest one-quarter, Southwest one-quarter, and the
West one-half,
West one-half, West one-half, Southwest one-quarter, Southwest
one-quarter,
Southwest one-quarter.
Section 2
The effective
date of this annexation is December 31, 1997.
Section 3
The annexation
of the above-described tract is subject to the terms of the Agreement
dated December 1, 1997, by and between the City of Bozeman and
Walter Wolf, partner in
Gateway Limited Partners.
PASSED AND ADOPTED
by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 1 st day of December 1997.
(
'~n, L ./5L~i'~
DON E. STUECK,
Mayor
APPROVED AS TO
FORM:
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355380 TIllS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
THE 4 DA Y OF DECEMRER , A.D., 19 97
OFFICE OF COUNTY RECORDER)
COUNTY or GA LLATIN ) AT 2: 27 pM., AND W AS DULY RECORDED IN BOOK 179
STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 2107
Fee $ 18.00 -S1iJJ..!l ~ RECORDER. IJY ~ ~L5YlJ1d) /" r DEPUTY
RT: ROBIN SULLIVAN CITY OF BOZEMAN _
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