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Home My WebLink AboutResolution 3191 Annexing 19.957 acres, Doug Smith ...-- .-.-.. .. .-----.--------.--. .--...------ ___.._.___.u_..__ ~ -~ .~ . f Ii 14 178 ?f\ct3:J93 'IL. . COMMISSION RESOLUTION NO. 3191 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 A TRACT OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS THE SMITH'S SECOND ANNEXATION (AND FORMERLY REFERRED TO AS THE SMITH ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from Gaston Engineering and Surveying for Douglas L. Smith, 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 along the north side of Durston Road at Meagher Avenue extended 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 March 18, 1996; and WHEREAS, Commission Resolution No. 3108 was adopted by the City Commission on March 18, 1996, 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. 3108 was duly noticed and held on April 15, 1996; and WHEREAS, one objection to said annexation was 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 April 15, 1996, 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. 3108; 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 Douglas L. Smith, record owner of the tract; and "- -. - ...--.. -. -...--..-....--.---..- - ." ': ,. filM 178 PACfJ394 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 19.957 acres of land, to wit: The East one-half of the West one-half of the East one-half of the Southeast one-Quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana. Section 2 The effective date of this annexation is immediate. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated July 21, 1997, by and between the City of Bozeman and Douglas L. Smith. 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. ( Q /,~~b-'/ DON E. STUECK, Mayor APPROVED AS TO FORM: - 2 - . fIlM 178 PACf3J95 J\ffiba&it of JIuhlicatiou COMUl!II_ RIeOLUTION STATE OF MONTANA, } SS. NO. 3191 A Resolution of the City County of Gallatin, Commleslon of the City of Bozeman, Montana, e.tend- J\-e CA 4-fL i Y ( eV\f\ty , being duly sworn, deposes Ing the boundarlel of laid City of Bozeman 10 al to In- C L-Er bofthe Bozeman Daily clude within the corporate and says: That S he is ?~ \ Y\ C \ ()~ limite of the City of Bozeman a tract of land contlguoul to Chronicle, a newspaper of general circulation, printed and published in Bozeman, aald city, to be known al the Smlth'a lecond anne.atlon Gallatin County, Montana; and that the notice hereunto annexed (and formerly referred to ala the Smith Annexation Re- Co vYl VYL ( ,.;,; 1l1l/) r<:- t,!;D I LLj) '- Ov, No-3/cz/ :~~ ancI....,~'~' ( ......... ....dill.i' .,' QIJY.of Bozeman) )has been Stete of Montana) County of Gallatin) I. Robin L. Sullivan, Clerk of correctly published in the regular and entire issue of every number of said paper for the City Commission of the City of Bozeman. Montana, do cTYl0 CUH~I::Cuti :C " n~rftc!v-;-the first of which publication was made on hereby certify that the forego- ing is the true and correct title the "L- c:;-.+f-- qu1J 19~,andthelaston and number of Commission )~ day of Resolution No. 3191, passed and adopted at a regular ses- the day of ~ 19 . siOn thereof held on the 21St day of July 1997. <:::L J2{)5. .~ ~ D.te(l this 22nd day of July ::,.~",(\;..,,:,~,_.4;"'i' 0,',1. , ~""~'''' .'" ,W.,,", ," 1ItoIIIn L Sullivan S~bscribed and sworn to before me is CIetK of the COmmission b t ,.~,,,,.;,u, (~Ofb- 19!0- . . ,I..y~':. . -" .------'-- ',-- '." ~.)\. ,\ (i 14 C" " '. >1 '::.;i..' <'\ . /.(.:,Jyv",~' ".T, ' '\','''' ',', f \,:I~~'\" :y.j,;,S F. i'~ r' .......;' " X': ' Notary Public for the State of Montana, \; ""~,,,,j '~i.,.Ai/",;; , # . ." residing at Bozeman, Montana I."" . . t. \,11, 1,'\ .:,~ n', " .,. ~ . ~J." ~ ~ ' " NOTARY roQUe for the Stale ofMonIIIDI Resicfing 11& Boteman. Montana My Commission elpUu July 6. 2000. MTRUMENT Of POO~ PHOTOGMPHIC QUAUn '-' ." .... , fiLM 178 PAGfJJ96 ANNEXATION MAP A TRACT OF LAND BEING THE E1/2 W1/2 E1/2 SE1 /4 OF SECTION 3 T.25., R.5E., P.M.M., GALLATIN COUNTY, MONTANA FOR: DOUG SMllH APRIL 1997 BY: GASTON ENGINEERING AND SURVEYING BOZEMAN. MONTANA DESCRIPTION A Tract of land being the E1/2 W1/2 E1/2 SE1/4 of Section 3, T.2S., R.5E., P.M.M., Gallatin County, Montana, and further described os follows: NOlES - Beginning at 0 point which bears S 89'59'47" W 0 distance of 654.96 feet from BASIS OF BEARING the Southeast corner of said Section 3, said paint being an the south line of said ~~~ N~N~3~ s~C:~'~GA~ ~~;!;99:7" w Section 3; Thence from said True Point of Beginning along said line S 89"59'47" W a distance of 327-48 feet to 0 point being the southeast corner of 0 Tract of land AREA recorded in Film 132, Page 4365 of Gallatin County records; Thence along the east GROSS AREA, 19,957 ACRES line of sold Tract N 01'06'58" E 0 distance of 2646.33 feet ta a point on the south ~~~I~~~~ A~~~~J7~';~~~CRES line of a Tract of land recorded in Film 114, Page 2215 of Gallatin County Records; Thence along said line N 89'48'24" E a distance af 329.45 feet; Thence S 01'09'38" W a distance of 2647.46 feet to the True Point of Beginning. Said ~ Tract being 19.957 acres along with and subject to any existing easements. ,..s'L~ -,- ~ -..- .JOIt4JAM!$"'~ JOtIIt:.IIQ(",$-~ AUEN BRAHOOH 1iH1E. 21:20 LWflWL UHC IRACY It IERBlRr IlIUJII(jlj, liT :JBrC12 "4F.2.2HI "' ~ EASI 1/+ COR SEe J FNO 1'" '-P. __ S~~~ -~Sec.2 ~'VIJ.l.. '>J~~.-':.;: IJoI"O ~ 'LIP" RallRT.L ~ JNIlr ill .9If1<<W ~~n)lWlItkD B02&WI. IIr 51>11; L :;;! ~ II: i ~ ~ Q ~ ~'VIJ.l.. ~ ~tI~~~ ~~ ~NlY !.MIlD PAA7HIR$HtP !1:!mt L IIDfGU 1RtJS1EI: ~~ ~,~,~ IOltMNI, liT "1" :~" NOT TO SCALE DlM'ER. ,00 d0112 ..".,..-."-.....--------. ~'VIJ.l.. \'.~J.l.. ~ IJoI"O ~ 1.~ ~.. ... ... _ A/tIIEXfD PRaPERTY .EHl lit_ HaiU. HAH5tJN .ff.IfDc.-s7t)!lll~ - M' "",,, _ _ _ _ DGS1IMG an' BOIJNDARY 353963 State of Montana )SS County of Gallatin P.o.a. Filed _ NOVEMBER 10 ,19 97 at 11: 44 A M,. and alY """""ARy , "",,'.,' . A'" "'._ Soc. J ~ Soc. 2 R d d' b!- 17 8 . - - - - - r- - - ---,-. ecor e JD CO" of Road~, '-' COlI SEe J ,,;- --.. -.. "H""-.'''''' .. "'" -- CAP MISCELLANEOUS Page~ ~ a,J~. ~ - ~ .ql Coun~~" lor 1 t: l1li( e [0) HI ~:: I LOY 45 By~. \ _ ______ PUB Lie 0 L 0 C K III B L 0 C K \ epu, ~ ARK )2 R i ,1 "l ~'^"''^o, ',"""'~'''N 'H";' , .""'. ..,lIN Fee $ 24.00 CRG 11p,:ID0t~f-'i^K":.i::;UF.lDIVI:>IONPII^Sl1 ~W.CA11IN RT: CITY OF BOZEMAN AfARWI' H. a.w. tJMII( ~ atRJI$lWA" ....., ~y D. CA~ ~~>E ':!:::J::.:.W ~:.~. =':.CAc'ff,.;,~ ATTN: ROBIN SULLIVAN BOl,aWJ. liT !Il71~ 8I12EIlAN. Jl1 !l97J!J ~~T :J811!J R-2 ZONE LAND USE UR9AN RESIDENl1AL INFlLL -----