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Home My WebLink AboutResolution 3192 Annexing 6.15 acres, Yellowstone Peaks - Balian - - - - .. ... I filM 178 PACE33? 4 COMMISSION RESOLUTION NO. 3192 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 TRACTS OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS THE YELLOWSTONE PEAKS ANNEXATION (AND FORMERLY REFERRED TO AS THE BALIAN ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. WHEREAS, .the City of Bozeman received a request for annexation from Dennis Balian on behalf of himself and his wife, owners of the tracts, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tracts of land located along the north side of West Babcock Street, west of Western Drive, 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 17, 1995; and WHEREAS, Commission Resolution No. 3051 was adopted by the City Commission on April 17, 1995, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as to include said contiguous tracts within the corporate limits of the City; and WHEREAS. a public hearing on Commission Resolution No. 3051 was duly noticed and held on May 1 5, 1995; 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 15, 1995, 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 these tracts in accordance with Commission Resolution No. 3051; 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 tracts is the subject of a written agreement between the City and Dennis and Joni Balian, record owners of the tracts; and --------.-... -.. . .- . ~ . . filM 1 '1'8 PACf3375 WHEREAS, said contiguous tracts are the subject(s) of a plat(s) or Certificate(s) 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 tracts is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts. 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 6.15 acres of land, to wit: Main Parcel: Tracts 2 and 3 of Fowler Subdivision, a subdivision of part of the SE'Y4, NW'Y4 of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Tract 4 of Fowler Subdivision, a subdivision of part of the SE'Y4, NW'Y4 of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Auxiliary Parcel: A tract of land lying in Tract 1 of the Fowler Subdivision, a subdivision of part of the SE'Y4, NW'Y4 of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southwest corner of said Tract 1; thence northerly along the West line of said Tract 1 a distance of 213 feet; thence easterly parallel to the South line of said Tract 1 a distance of 21 feet; thence southerly parallel to the West line of said Tract 1 a distance of 213 feet, more or less, to a point on the South line of said Tract 1; thence westerly along said South line a distance of 21 feet, more or less, to the point of beginning. As previously described in Warranty Deed recorded in Book 138 of Deeds, Page 601. Section 2 The effective date of this annexation is immediate. Section 3 The annexation of the above-described tracts is subject to the terms of the Agreement dated July 21, 1997, by and between the City of Bozeman and Dennis and Joni Balian. - 2 . . k" . FILM 178 PACE3376 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21 st day of July 1997. (On1L~~ DON E. STUECK, Mayor APPROVED AS TO FORM: .....) ;a;I~~ PAUL.,/d. LUWE . Citv<A.ttorney ~ 3 - ". .. flU~ 178 PACE3377 J\ffib-a6it af lJIuhliratian STATE OF MONTANA, } _ S S COMMISSION RESOlUTION County of GallatIn, - NO. 3192 \ '_..~ ~ _ A Resolution of the City -\- tt!.f~r-- \ -'CJV\..JV\...L..L-1 , being duly sworn, deposes Commission of the City of \ Bozemen, Montana, extend- and says' That "0 he is 'P r \ V"- q ~ \ "2__ C \--EA~ of the Bozeman Daily Ing the boundaries of said , - .. . City of Bozeman ao aa to In- clude within the corporete Chronicle, a newspaper of general circulation, printed and published in Bozeman, IImlta of the City of Bozeman trlctl of land contiguous to Gallatin County Montana' and that the notice hereunto annexed said city, to be known al the , , Yellowstone Peaka Anne.a- ( CeYV1m ~ SS\ CY\ K"€C,ulu.'-h'Cl'\- t'Ja. 3\9. '2- :~o;.(;:~~"~:'~,' A"'J". .. '..... ,),__,.In Ito,. )has been ~""'bed, . CIty-OI 8Qzernan ) correctly published in the regular and entire issue of every number of said paper for =;o'e:!, OYl~ c~~~~utivc in '3-erh' U>-}thc first of which publication was made on _.'. _ '.. ...... ..".. ,.. .' ,..... . the '2 )-~ day of 1\1 . ~ V) 19 ~, and the laston IiiIiiItj , ., '. .go- ~---"" .....the true and correct title the day of 19 and number 01 Commission 4 ~ -- Resolution No. 3192, passed , . and adopted at a regular ses- - y ..l/"\ UR/t,V\!\...L.-r- sion the real held on the 21st day 01 July 1997. Subscribed and sworn to before me this Dated this 22nd day of July $00'"" /c day.. of . "'-L. 19 -h . ..... .L.. ,~ ( , -_ N_"'~4l"lIT M . ~ ""'"C~ Notary Public for the State of Montana, residing at Bozeman, Montana NOT AR Y PUBLIC for the Sm&e of MOIdIIII Residing at Bozeman, Montana My Commission expi~ I..., 6. 2000. .. --', ~~- -~ '. -' -- - "." ~,. ...-stRUMf:N10t' POU'" rHOt()GtWHIC QUALI11 ------- ---..... .... " nlH 178 fACf3378 owft ::-s__~ AI#EXA TDI MAP FOR __ =:...--.... YBJ...OWSTOIE PEAKS MOBLE HOlE PAIl( SI..BDIVISION ,,+ tEST L.-.r: -,"'''''8 ALSO tau.ED 70 AS "BAllAN ICRIH MlEXATDl7RAGr ~ TRACTS 2, J, 4 AND A PORnON OF TRACT I, FOWLER SUBDIVISION . _"'" IIEIIOI "'""'-E LOCATED IN THE NW 1/4 OF SEcnON 11. T. 2 S., R. 5 E. OF P.M."'., ..... - - WIfM'( SIEWER lH .....-~ w.,,,,.... CITY OF BOZEMAN, GALLAnN COUNTY, MONTANA _____ WiJJUt....Y!" NfO WEm fItT ..- ~ ASSDM.,y PfQIQSED IOHIfG:: R~ "....,,.c'1IIi[..... ~ ~ I IL=J I f-----1' Din / VICINITY MAP I I U J .......- i~~ I f-~ou y z~r~ I s ~ [ !RACT 1C I I ~~~ I 1 i -...- i · r- - ! I [J I ~ ~ I I~ Ii i G :-- [J-;; I ._ ' I -+---~I- - -- --------~- ---I I JJ I L----I I IlL. I C::J I r---1 '::~':'" I n I ='~= L_U.--l I I [] I i I I o r-~il ' L_ _J I ----, I ! I I ! _::-:=-- r - cO ; I L~__J ! . 0: [1: I ro- - -1 I C=J I LEGAL DESCRIPTION N" - - _l.~ - - J i:'\"/N ~ ~2 ~i. ... ~...::' eo::'~;' ~~ hi crfIIdai plat.u..at. on "- Gi'd (fIf~'" h ~ Gf thI - - - - a.tI-:, (II"IIf ~. ~ Ca&n:r'. ~ and thc1t pgrt ill ~ 1. ... rnwtlft . -..--....---- _ 0\ .... _ __ .. .... T""" 4; ~ nut1hw1w' IJOO' JO' 31'\ ~ mhuth from n<<th. 13J3..20 ..... v'-9 h 'IIIIiIIIt. .. 01 MId TRd ~ ~ ~ OH' 13' 31. cnimuth 1rnAo fwt '*'"v thIt I'IIVth .... Df ad FOWl.lR st..I9DM$II)H. ~ U. ~comII"otMk:lTI'IIId2; ~~.7I"U'2lf'~ IIJn!: 111g.~ fMIt CJIOItg tht ... 11M aI MId Tmd. 2i ~ ~ QN" 1;' :),. ~ ~ WJtR lHS ON 1H[ PROPEJm' DESCNJED mEIH 1ft: ~ = -= r;:. ~ ~ i~~;: :: ~oo ~ -'d """"'-.............-- Ino-2S7,BU . n. 1.1481 N.:f'tttI or 24.MD.fi ~ InII&Wa. -..-- S0d4 In Tnf 100 0 100 \ - ' 30 0 30 S0d4 In .,..... ~ c:: ~_....,,:"i"~ DUlY ("JH[ E1Jk~G:t! 353959 .:: =:..:::-......... ......::: -.......... -. - ..., TIllS INSTRUMENT WAS FILED FOR HECORD IN TIllS OFFICE ON TIlE 10TH DA Y OF NOVEMBER , A.D., 19 97 OFFICE OF COUNTY RECORDER) COUNTY OF GALLATIN ) AT 11":40 A 1\1., AND WAS DULY RECORDED IN BOOK 178 STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 3374 ~~'n__ Fee $ 30.00 eRe -:t <1'1...... RECORDER. BY ~ ._;iT:? _ DEPUTY RT: CITY OF BOZEMAN . ATTN: ROBIN SULLIVAN . .....