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HomeMy WebLinkAboutResolution 3158 Intent to annex Marks/Aaker/Payne -.--.....--...---. COMMISSION RESOLUTION NO. 3158 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 A 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 John D. Marks, President of Scenic Developers, and Gene Payne, for the Payne Family Trust, owners 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, a certain contiguous tract of land located at the northwest corner of the intersection of South 19th Avenue and Kagy Boulevard extended; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: A tract of land located in the SE ~, Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, described as follows: Commencing at the southeast corner of Section 14; thence westerly 270041'17" assumed azimuth from the north, 69.20 feet along the south line of the southeast quarter of solid Section 14; thence northerly 000031 '23" azimuth 1001.82 feet along the westerly right of way line of South 19th Avenue; thence northerly 000030'13" azimuth 281.37 feet to the point of beginning of the property to be described; thence westerly 270020'34" azimuth 170.18 feet; thence northerly 000019'25" azimuth 45.00 feet; thence westerly 270020'34" azimuth 1 016.36 feet; thence northerly 008038' 16 azimuth 1032.74 feet; thence easterly 089059"48" azimuth 418.24 feet; thence southerly 180008'24" azimuth 306.79 feet along the west line of parcel A, Certificate of Survey 1328A, according to the recorded plat thereof; thence easterly 090000'00" azimuth 99.96 feet along the south line of said parcel A; thence southerly 180004'03" azimuth 29.94 feet along said south line; thence easterly 090000'00" azimuth 520.56 feet along said south line; thence southerly 180033'57" azimuth 317.83 feet along the west Right of Way line of South 19th Avenue; thence southerly 180030' 13" azimuth 418.63 feet; to the point of beginning, and commonly known as lying northwest of the intersection of S. 19th Avenue and Kagy Boulevard. WHEREAS, this tract contains a total of 21.644 acres of land; and WHEREAS, the above-described tract is the subject of a plat(s) or Certificate(s) 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 owners 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 SID's, 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 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 RESOL VEO 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 freeholders 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 18th day of February 1997, at 7:00 p.m., be and the same, 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: - 2 - - .--.-----.---. 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 that such resolution has been duly and legally passed, and that the Clerk of the City Commission will receive written expressions of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from freeholders of the territory proposed to be embraced therein, and that the written expressions, if any, must be filed with the Clerk of Commission not later than 5:00 p.m. on Wednesday, February 12, 1997. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of January 1997. (O~ t! ~ DON E. STUECK, Mayor ATTEST: ~f~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 3 - --.-.- . .. ~,.,- NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 6th day of January 1997, Commission Resolution No. 3158 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 A 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 21.644 acres of real property proposed for annexation by John D. Marks, President of Scenic Developers, and Gene Payne, for the Payne Family Trust, located along the northwest corner of the intersection of South 19th Avenue and Kagy Boulevard extended, is described as follows: A tract of land located in the SE~, Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, described as follows: Commencing at the southeast corner of Section 14; thence westerly 270041 '17" assumed azimuth from the north, 69.20 feet along the south line of the southeast quarter of solid Section 14; thence northerly 000031 '23" azimuth 1001.82 feet along the westerly right of way line of South 19th Avenue; thence northerly 000030'13" azimuth 281.37 feet to the point of beginning of the property to be described; thence westerly 270020'34" azimuth 170.18 feet; thence northerly 000019'25" azimuth 45.00 feet; thence westerly 270020'34" azimuth 1 016.36 feet; thence northerly 008038' 16 azimuth 1032.74 feet; thence easterly 089059"48" azimuth 418.24 feet; thence southerly 180008'24" azimuth 306.79 feet along the west line of parcel A, Certificate of Survey 1328A, according to the recorded plat thereof; thence easterly 090000'00" azimuth 99.96 feet along the south line of said parcel A; thence southerly 180004'03" azimuth 29.94 feet along said south line; thence easterly 090000'00" azimuth 520.56 feet along said south line; thence southerly 180033'57" azimuth 317.83 feet along the west Right of Way line of South 19th Avenue; thence southerly 180030' 13" azimuth 418.63 feet; to the point of beginning, and commonly known as lying northwest of the intersection of S. 19th Avenue and Kagy Boulevard. For a period of twenty (20) days following the first publication of this Notice, the Clerk of Commission will receive expressions, in writing, of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from the freeholders of the tract proposed to be annexed. The deadline for this written comment is 5:00 p.m. on Wednesday, February 12, 1997. In addition, a public hearing shall be held on Tuesday, February 18, 1997, 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 7th day of January 1997. ROBIN L. SULLIVAN Clerk of the Commission Publish: Thursday, January 23, 1997 Friday, January 31, 1997 .----- (J~ <, . . /, 4.uj;,---, r-J~ tZ, ~ 4..~, "2$ ~/~/ ACKNOWLEDGE RECEIPT OF NOTICE ~ COMMISSION RESOLUTION NO. 3158 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 21.644 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SOUTH 19TH A VENUE AND KAGY BOULEVARD EXTENDED IN THE COUNTY OF GALLATIN, STATE OF MONTANA John D. Marks, President of Scenic Developers, does hereby acknowledge that on the L ~ ~L.. day of :f" ~ 1997, he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that he presently resides in (; .0. '-l ....A-r ,..,...) County, State of NtQ ~~.J";P-. DATED this Zat~ day of ~ 1997. 1u1wt ]::I. rY/~ (1'(1/75 ') 15G~""i'P~LJ~~<A"?> ) -:I:I,,--c- r' NOTARY PUBLIC STATE OF Mo~ ) COUNTY OF G.a1~ ) On the 2~+-t-..day OfSCLv\UJl.f\.j. 1997, before me, a Notary Public for the State of HOt +n...-n.o- , personally appeared John D. Marks, and known to me to be the person whose name is subscribed to the within instrument and aCknowledged to me that 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. -- ~ ~ ' /411J?1 ~ - No ry Public for the State of - ~ Residing at &z~4fi, WJtn1-~ My commission expires: ~7/01 /Z~ , I -.....---.--- -..--------..----- ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3158 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 21.644 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SOUTH 19TH AVENUE AND KAGY BOULEVARD EXTENDED IN THE COUNTY OF GALLATIN, STATE OF MONTANA Gene Payne, for the Payne Family Trust,does hereby acknowledge that on the 23rd day of January 1997, he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that he presently resides in Gallatin County, State of Montana DATED this 24th day of January 1997. /'~ . . . _ . .~ ----""'" Z- - NOTARY PUBLIC STATE OF -f'n~ COUNTY OF ~ ) On the ~ day of ~1997, before me, a Notary Public for the State of ~~ personally appeared Gene Payne, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. .r :!: i,; ~' !.~.I::' 'I/://r", '"' 'Si _ r'Ay ';I,7I-/" ,: . .\ _ _:- .-,-; _A,r~ >~ ......)\/\1\/1- ~ .~,~:' .> ~;~:.\- ~ (-~*... ~ . "' . ~ " ~ ~,SE./;;\.L ~otiry Pu lic fo c---J ~% ..... ,.Re1ding at \'" t~/~"-"'_'" .....:\~~ commission '.;,\:1//..-" () r: M(,j'\ ~:# '({/f/iIIUIIII~,,"ll\'\\."\\~ .