HomeMy WebLinkAboutResolution 3157 Annexing 9.9 acres - Brunton
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fll" 170fACf2715
COMMISSION RESOLUTION NO. 3157
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
BRUNTON ANNEXATION (AND FORMERLY REFERRED TO AS THE BRUNTON
ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from John F. Brunton,
Trustee for the Laura May Brunton Living Trust, 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 south side of Oak Street extended, immediately east of the north end of the
property containing the Gallatin County Rest Home, 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 November
20, 1995; and
WHEREAS, Commission Resolution No. 3090 was adopted by the City Commission on
November 20, 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 tract within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3090 was duly noticed and
held on December 18, 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 December 18, 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 this tract in accordance with Commission Resolution No. 3090; 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 John F. Brunton, Trustee, Laura May Brunton Living Trust, 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
contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of
the inhabitants of the contiguous tract.
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filM 170 PACE 2716
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 9.9 acres of land, to wit:
A tract of land located in the
Northeast one-quarter of the Southwest one-quarter
of Section 1, Township 2 South,
Range 5 East, Montana Principal Meridian,
Gallatin County. Montana, as
shown in Book 135, Page 123, and being more
particularly described as follows:
Commencing at the Northwest
corner of the 330 feet of the 570 feet as
described in Book 135, Page
123; thence along the West line South a distance
of 20 feet to the true point
of beginning; thence continuing along the said West
line South a distance of 1300
feet, more or less; thence East a distance of 330
feet; thence North a distance
of 1300 feet, more or less; thence along the south
Oak Street right-of-way West
a distance of 330 feet, to the true point of
beginning.
Subject to all easements of
record.
Section 2
The effective date of this annexation
is January 1, 1997.
Section 3
The annexation of the above-described
tract is subject to the terms of the Agreement
dated September 6, 1996, by and between the City of Bozeman and John F. Brunton,
Trustee,
Laura May Brunton Living Trust.
PASSED AND ADOPTED by the City
Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 23rd day of December 1996.
C Qt7>t [~~
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DON E. STUECK, Mayor
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APPROVED AS TO FORM:
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filM 170PACl2717
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A Aesolutlon of the City
Comml..lon of the City of
STATE OF MONTANA Bozeman, Montans, extend-
, } ~~~~~~~
S S City of Bozeman so .. to In-
County of Gallatin, . elude within the corporate
IImlta of the City of Boze-
Vivie Portnell bi 19 duly sworn deposes man a trect of land contlgu-
, . , ous to said Clt" .10 be
. P" 1 C 1 k . known aa the Brun.... An-
and says: That ~ he IS nnnpa er ,fthe Bozeman Dally nexIIIQn..(w......,......
Md,.,.."tWi.uft\on ..An-
Chronicle, a newspaper of general circulation, printed and published in Bozeman, ne..llon Aequest) and here-
In more partlculerly deter I-
Gallatin County, Montana; and that the notice hereunto annexed ~'ofBozeman
State of Montana
( Commission Resolution No. 3156 County of GallatIn
I, AobIn L.. ~UmVa~Cferkof
)has been6~~~9~.'.'~
correctly published in the regular and entire issue of every number of said paper for.::~Yth~=C6;.';
'an4 nljmber ofComri'liulon
1 eeft~i-ve- insert ion w ich ublication was made on Aesolutlon No. 3157,paued
and adopted at a regular ses-
the 27 t h slon thereot held on the 23rd
day of December 1996.
h 2 7 h Dated this 24th day of De.
t e t cember 1996.
ROBIN L. SULLIVAN
Clerk of the Commission
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.,!.......:"........,:.~.e.7.,;;~'~~..........:..... '.'.......,.... '. Subscribed and sworn to before me this
.~...-;...'.\'.'..,... 'nfl.. W.t1Jl~.' ..Ii.~i,.,:.....,..~.. '.:/:.:...'''.:. ~ day of December 19 ~
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\'.'.~>."'.'~.'.j .E....~'f\.,,;."1i..:.;.:J.. ......:...' Notary ~~blic for'the State of Montana,
'~_..i"";: "'1'.," +"'/, resIdmg at Bozeman, Montana
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:"'~ 'C~",~~::~..~, /' NOTARY PUBLIC for the StatcofMontana
'~ ", .Ji Rcsidillg lit Boib:mnn, Montana
My Commission expira July 6. 2000.
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~- 338825 """01 MhM.. County of Gallatin. ss F.iled Jor re.,co. rd Februarv
a---r 3 . 192L-at 2: 16p [\1.. and recordQd in Hook 170 of
MI SCELLANEOUS page 1.Zl.5 , SHELLEY M CHENEY Recorder
Fee: $24.00 By
Rt: City of Bozeman