HomeMy WebLinkAboutResolution 3150 Annexing 1.0 acre - 1233 Story Mill Road - Pope
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COMMISSION RESOLUTION
NO. 3150 flt~ 178?ACE4178
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA. 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 (FORMERL V REFERRED TO AS
THE POPE ANNEXATION REQUEST)
AND HEREIN MORE PARTICULARLY
DESCRIBED.
WHEREAS, the City of
Bozeman received a request for annexation from N.R. Rick Pope,
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 west side of Story
Mill Road, between Bridger
Drive and Mcllhattan Road, 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 January
17, 1995; and
WHEREAS, Commission Resolution
No. 3040 was adopted by the City Commission on
January 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 tract within the corporate limits of the City; and
WHEREAS, a public hearing
on Commission Resolution No. 3040 was duly noticed and
held on February 21,
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 February
21, 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. 3040; 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 N.R. Rick Pope, 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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(I ., 178 ~AC[ 4179
. IL, . 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 1.0 acre of land, to wit:
A tract of land located in the NE Y4 , SE Y4, Section 31, Township 1 South, Range
6 East, Montana Principal Meridian, Gallatin County, Montana, described as
follows on 86 Fm 1 950:
Tract of land in the northeast corner of the North one-half of the Southeast one-
quarter (North one-quarter of the Southeast one-quarter) of Section 31, T1 S,
R6E, MPM, more particularly described as follows, to wit:
Beginning at the northeast corner of said North one-half, Southeast one-quarter,
thence running west along said quarter section line 285 feet; thence southerly
153 feet; thence east parallel with the north quarter section line 285 feet, more
or less, to the east line of said North one-half, South one-quarter, thence north
along the east line of said North one-half, Southeast one-quarter 153 feet, more
or less, to the point of beginning.
Section 2
The effective date of this annexation is November 1, 1996.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated October 7, 1996, by and between the City of Bozeman and N.R. Rick Pope.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 7th day of October 1996.
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DON E. STUECK, Mayor
" APPROVED AS TO FORM:
"7
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f'AUL J. Lt1WE
City Attorney
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f" W 78 :A CI 4180
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STATE OF MONTANA,
} SS.
County of Gallatin,
Vivie Portnell
, be: ng duly sworn, deposes
and says: That ~ he is
Principal Clerk
,fthe Bozeman Daily t,a-"--t:fIlON RdOW11ON
Chronicle, a newspaper of general circulation,
printed and published in Bozeman, NO. 1110
A .....Iutlonot
th. City
Comml..lon
ot the City of
Gallatin
County, Montana; and
that the notice hereunto
annexed Bozeman, Montsna, .xts'!d-
ltIiE:o~.a~
( Commission Resolution No.
3150
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II.... .. .-. ctty,
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)has been ....._.,..~
......c.,.u"
correctly published in the regular
and entire issue of every number of said paper for ..... Ie . .. " ".....
anon Requ..t)
a' ,,*"In
more particularly
described.
I
C~eetlhVe insertion , the first
City of BOleman
Stale of Montana
the
11th day of
County of Gallatin
I, Robin L. Sullivan,
Clerk of
Ihe City Commission of the
the
11 th day of
City of Bo:ceman, Montana. do
hereby certify that
the forego-
Ing \$ the true and correcl title
and number of Commission
Resolullon No. 3150, passed
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Subscribed and sworn to before me this and adopted at a regular ses-
sion thereof held on
the 7th
\ \,':.\'i.,t{.;/,' '"I.(~' (-
day of October 1996.
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l~ day of_October 19~
" "or R ' ",;.
Dated this 8th day of October
"'',,~'HI4, ",
1996.
.~"S,E~iL ':
ROBIN L. SUlliVAN
G~~'
Clerk of the Commission
Notary Public for the State of Montana,
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residing at Bozeman, Montana
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NOTARY PUBLIC for the Stale ofMonblna
'.
Residin~ at 13uzenmn. Montana
My ('o!Mnisslt)11 expires July 6. 2000.
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~~~: ~-- 354292 TIllS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
TIlE 14 DAY OF NOVEMBER A.D. 19 97
OFFICE Of C UNTY RECORDER) , ,
COUNTY OF GALLATIN ) AT 4:49 PM., AND WAS DULY RECORDED IN nOOK 178
STATE OF MONTANA ) Of MISCELLANEOUS RECOHDS, PAGE 4178
Fee $ 24.00 $K.l1nj <'VI_ RECORDER. BY 1f.IJrJJ~ &nFJ!..J..1.L, r DEPUTY
RT: CITY OF BOZEMAN ATTN: ROBIN
INS1'ROMERr Oft POOl
PHOTOGRAPHIC QUALITY