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Home My WebLink AboutResolution 3183 Annexing 161.95 acres west of N.19th, Valley Center - Baxter Lane '" -- ~-----,-'" . . - . filM 1"'4 p'> [0007 I i /1:; .... COMMISSION RESOLUTION NO. 3183 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 GALLATIN CENTER ANNEXATION (AND FORMERLY REFERRED TO AS THE GRAF ANNEXATION REQUEST) AND HEREIN MORE PARTICULARL Y DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from Eugene Graf, III, on behalf of Genevieve S. Graf and the Estate of Eugene Graf, Jr., owners of the tract, 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 west side of North 19th Avenue, between the 1-90 Interchange and Baxter 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 March 3, 1997; and WHEREAS, Commission Resolution No. 3162 was adopted by the City Commission on March 3, 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. 3162 was duly noticed and held on April 7, 1997; 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 April 7, 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. 3162; and WHEREAS, subsequent to submittal of the application for annexation, ownership of the property transferred from Genevieve S. Graf and the Estate of Eugene Graf, Jr., to Gallatin Center Limited Partnership; and --.--------- .--..-- .__._____.._ .._u_..._...._.u_ -"..-. ..-- . . .' rlLM 174 PAGf2008 . '. WHEREAS, subsequent to the public hearing the Commission determined it is not in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tracts hereinbefore described to extend the boundaries of the City of Bozeman so as to include Tract C-1 B of Certificate of Survey No. 1979 within the corporate limits of said City of Bozeman, Montana; 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 SIO's and water and sewer hookup fees, to said contiguous tract is the subject of a written agreement between the City and Eugene Graf, III, and Yvonne G. Jarrett, General Partners of Gallatin Center Limited Partnership, 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 161.95:t acres of land, to wit: Tract C-1 A, Certificate of Survey No. 1979, and Tracts C-2, 0-1 and 0-2, Certificate of Survey No. 1827, located in Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, The above~described property was previously described as Tracts C-1, C~2, 0-1 and D-2, Certificate of Survey No. 1827, and that tract of land described on Film 17, Page 1115, official records of Gallatin County Clerk and Recorder's Office, all situated in Section 35, Township 1 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 - 2 - - -.--.- .--..--- -.---- .-.--- , fILM 17 4 PI~U2009 Agreement dated June 2, 1997, by and between the City of Bozeman and Eugene Graf, III, and Yvonne G. Jarrett, General Partners for Gallatin Center Limited Partnership. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of June 1997. (GOry L)J~ DON E. STUECK, Mayor APPROVED AS TO FORM: "/ ..- -.,.,..,... - 3 - - ...------.....-..-.- . . '.' FILM 174PMf2010 ANNEXATION MAP FOR THE GALLATIN CENTER A TRACT Of" LAND BEING TRACT C~l OF CERTIFICATE OF SURVEY No. 1827 AND CERTIFICATE OF SURVEY N.:> 17-1115 SITUATED IN THE SE1/4 AND NE1/4 OF SECTION 35, T1S, ,,5E., P.M.M.. GALLATIN COUNTY, MONTANA I ;;i:' Cl>> fEC J,5 rOR: G"-..;....A.TIN CENTER U~I'I'tO P..R"ThIE:RSHIP ~~.~_____~_~~_.t_~L~~:~_____________M~Y_ ey: W'~~ISON MAI(RI.!, INC. I", mAG"r [-I -~ !~ C-O,s. 1f:7 ~9 MAY 1997 I'" j, ,,,_. .00'_ . t . . J . t::J. - 0.2"55'54" " - I02<.9J' L - 52.... .__m___~.~ .~tri !~ ~ ,.O.S. ,,,. '", ~ t ,.mn..n ,:",:8,~;;'A ~ f _ ,,,, GR~PHlC S~:LE ,- f,,", ,nn_n__ ~ "I I ~?4 ~~ (INn~) ~ ~ i i I 1 m~b - 300 tt. is i< 3 (Bejar.~) z ' ~ ~I ___u____ 8 !i' "' "'I .... BASIS OF Bf ARING ~I ________r wEST SCUND,i,F!:'T UNE: OF' mACT 1;-1 Of C~RnrIC~TE !E:j ($ SURV(Y NO. 1327. 1\1 oo'3'j~. t t i ~ ARE,k ul'I.8~ ACf!lt:S --. f ~~_:.""j.II;II< ____~~~\,PIIL_..______~~~ 1..1' .. ~~~oor..C>t -1 I 0 I :JI I N BS'o7" ~- W .4"'2' I I ____~u___ lIN[ 1'ABLE hI~ 0It CA4.1; M I . I ----~---.r ~ Ii .1 -oil 100,00 I ~. ~ ~ · ",... . "".11 I I""" , ---~~~----..: --~-----T i g I f. 8, M : QI ROI.J="E ~ I..J L~ 11 ~ Iff 1:1 2~ . n__n~_._ (OOT~) I < ' ~ I ~ .... I 44 ----,----- ~ I r-.. I 10,1 ~ _ov- C.O.S. Ale. JJj I! ~ N I ' 1 I f'I 11\ I ii I 8 : _"__n..,1 u> Ii: I 1ItiK'r, I : It <.. - "" I : ~ DESCRIPTlON ________. I Q --~!-T S 89'.J7'1J" r: 941.77' !IIH;)( ~ ~ <.~ A_I ' " Troct C-1A, C.O.S. No. 1975, ond Troct. C-2, D-l ond D~2. C.O.S. No. 1827. _~______~ _ I: loc:O'ted in Section .35. T1 S, R5t. P.M.~.. Gallo(in County, Montone. I ~ 10: oj -' -----~-~~i ~I I: ~ ~ I ! _-">-__n_ _ ~ , s: - . I I is ;::: ~I ____.1____~ -t-nn g ~ .. ~ l' 8' ~ ......n~n__ I ~ : ~ _____un_ '-i---"-' ~ I I .~.oIe",. III _...x...______~ 4&0,00' ':3 ~ I ~} ::::=r";:ii';;'r' I :;;; I (II.~ . . n ._n~_____ __ A :Ie 045651 I "II: R -= '969.60" i ~~;2T~e ~ ! L - 170.10' I ~: I IE ~ \ : : t _L_ AlMORRISON .= ._ 'I --BMTrR CANf----- cIiJMAIERLE,INc.'=:: P.O.B. \\ ... .. I · ~ III' ~ Iia x .. ..... ~MA-AtN'AII;III './).5. Nil. '2~ - .-... .-..--..-----.-...- ~. -. -0:;:. --~..- ". .' "J\frb fr' t f lFI hI' fU~ 174PMi2011 . . . tat a u tta tau ~ STATE OF MONTANA, } SS. County of Gallatin, Vivie Portnell , being duly sworn, deposes and says: That ~ he is Princ.ipal Clerk of the Bozeman Daily Chronicle, a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed .' Gallatin ( Commission Resolution No. 3183 1,111_ L. Sullivan, Clerk of the "Ctty Commission of the '*" d80zeman, Montana, do )has been ~ .rtify that the forego- lit .iW'i true and correct title correctly published in the regular and entire issue of every number of said paper for aM" ~.r of Commission "".__11 No. 3183, passed ] oon-see-tt+ive--- insert ion, the first of lic,&tion was made on and -..ed ata regular ses- Iioft..,.oltlald on the 2nd I ..""e.1917: the 12th day of June / _, and the laston ~"Is 10th day ot'June 1.7. the 12th day of AoIMN L. aJl..tM.N 0eIII1f... c--..o~ Subscribed and sworn to before me this 2~Of June 19~ ( d~~ Notary Public for the State of Montana, residing at Bozeman, Montana N(YI"!o\RY PUBLIC ti;JttbeSc6.iIoI-.- ResIding iJ! B02eIJWl, ModtiDa ' :1"60.n My Commission expi~ July 6. 2000. t. "1" r:b ..-.- THIS fNSTRUMENT WAS FILED FOR RECORD IN TIIIS OFFICE ON THE 24 DA Y OF JUNE , A.D., 19 97 OFFICE OF COUNTY RECORDER) AT 12:30 COUNTY OF GALLATIN ) P. M., AND WAS DULY RECORDED IN BOOK 174 STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 2007 Fee$ 30.00 CRG Sill'" I. .. RECORDER. BY ~(' .(VfU/\/) 60 II '{_ DEPUTY RT: CITY OF BOZEMAN ATTN: ROBIN .- .. ._".