HomeMy WebLinkAboutResolution 3129 Intent to annex 16.438 acres - Phillips/Reiser/Evans
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COMMISSION RESOLUTION NO. 3129
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
TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from C & H Engineering and Surveying, Inc., representing William A.
Phillips, G. K. Reiser and McRay Evans, owners of the tracts 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, certain contiguous tracts
of land located between South Rouse Avenue and South Church Avenue, at Mason Street,
Accola Avenue and Hoffman Drive extended; and
WHEREAS, the legal descriptions of three contiguous tracts, in the County of
Gallatin, State of Montana, are as follows:
I: A tract of land located in the southeast one-quarter (SE %) of Section 18,
Township 2 South, Range 6 East, Montana Principal Meridian, more
particularly described as follows:
Parcels A and B, Certificate of Survey No. 1790A;
II: A tract of land located in the southeast one-quarter (SE Y4) of Section
18, Township 2 South, Range 6 East, Montana Principal Meridian, more
particularly described as follows:
Commencing at a point 47 rods 2 feet and 10 inches north of the
southwest corner of the northwest quarter of the southeast quarter of
Section 18, in Township 2 South, Range 6 East, Montana Principal
Meridian, running thence East about 40 rods, to the west line of the county
road, thence North 15 rods, thence West about 40 rods, to the west line
of said quarter of quarter section, thence South 15 rods to the place of
beginning; and recorded as the second parcel in Book of Deeds 118, Page
237, deed records of Gallatin County, Montana, and also as the parcel in
Book of Deeds 124, Page 40, deed records of Gallatin County, Montana.
III: A tract of land located in the southeast one-quarter (SE %) of Section
18, Township 2 South, Range 6 East, Montana Principal Meridian, more
particularly described as follows:
Tract 1, Certificate of Survey No. 688.
WHEREAS, these tracts contain a total of 16.438 acres of land; and
WHEREAS, the above.described tracts are 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
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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 tracts 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 SIOs, and water and sewer hookup fees, to said
contiguous tracts 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 tracts hereinbefore described to extend the
boundaries of the City of Bozeman so as to include said contiguous tracts of land
hereinbefore described within the corporate limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED 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 tracts hereinbefore described will be the subject of a mutual agreement
between the City of Bozeman and the real property owners of the tracts, that it is in the best
interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said
contiguous tracts that the boundaries of said City of Bozeman be extended so as to include
the contiguous tracts 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 19th day of
August 1996, at 7:00 p.m., 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:
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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 tracts to be annexed; and
b. Cause a notice to be pUblished
in the Bozeman Daily Chronicle,
the newspaper nearest the parcels
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 comments of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from real property owners of the area
proposed to be annexed, and that the written comments, if any, must be filed with the Clerk
of Commission not later than 5:00 p.m. on Thursday, August 8, 1996.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 15th day of July 1996.
{[JIM L.~~-,~
DON E. STUECK, Mayor
ATTEST:
(2~J ~~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE
NOTICE IS HEREBY GIVEN that at
a regular session of the Commission of the City of
Bozeman held on the 15th day of July 1996, Commission Resolution No. 3129 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 TRACTS OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN,
AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES
OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE SAID CONTIGUOUS TRACTS
WITHIN THE CORPORATE LIMITS
THEREOF.
The 16.438 acres of real property
proposed for annexation by C & H Engineering and
Surveying, Inc., representing William A. Phillips, G. K. Reiser and McRay Evans, located between
South Rouse Avenue and South Church Avenue at Mason Street, Accola Drive and Hoffman Drive
extended, in the County of Gallatin, State of Montana, is described as follows:
I:
A tract of land located in the southeast one-quarter (SE Y4) of Section 18,
Township 2 South, Range 6 East,
Montana Principal Meridian, more particularly
described as follows:
Parcels A and B, Certificate
of Survey No. 1790A;
II:
A tract of land located in the southeast one-quarter (SE y..) of Section 18,
Township 2 South, Range 6 East,
Montana Principal Meridian, more particularly
described as follows:
Commencing at a point 47 rods
2 feet and 10 inches north of the southwest
corner of the northwest quarter
of the southeast quarter of Section 18, in
Township 2 South, Range 6 East,
Montana Principal Meridian, running thence East
about 40 rods, to the west line
of the county road, thence North 15 rods, thence
West about 40 rods, to the west
line of said quarter of quarter section, thence
South 15 rods to the place of
beginning; and recorded as the second parcel in
Book of Deeds 118, Page 237,
deed records of Gallatin County, Montana, and
also as the parcel in Book of
Deeds 124, Page 40, deed records of Gallatin
County, Montana.
III :
A tract of land located in the southeast one-quarter (SE y..) of Section 18,
Township 2 South, Range 6 East,
Montana Principal Meridian, more particularly
described as follows:
Tract 1, Certificate of Survey
No. 688.
For a period of twenty (20) days
following the first publication of this Notice, the Clerk of
Commission will receive comments, in writing, of approval or disapproval of the proposed extension
of the boundaries of the City of Bozeman from the real property owner of the area proposed to be
annexed. The deadline for this
written comment is 5:00 p.m. on Thursday, August 8, 1996. In
addition, a public hearing shall be held on Monday, August 19, 1996, 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 16th day of July 1996.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish:
Friday, July 19, 1996
Friday, July 26, 1996
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3129
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 16.438 ACRES GENERALLY LOCATED
BETWEEN SOUTH ROUSE AVENUE AND
SOUTH CHURCH AVENUE,
AT MASON STREET, ACCOLA DRIVE
AND HOFFMAN DRIVE EXTENDED
IN THE COUNTY OF GALLATIN,
STATE
OF MONTANA
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William A. Phillips does hereby
acknowledge that on the day of July, 1996
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 5h.
Avqv5r
day 0~...J.I.HV, 1996.
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NOTARY PUBLIC
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STATE OF MONTANA )
COUNTY OF GALLATIN)
On the
Sf?,
day of 4v5i-Js-f 1996, before me, a Notary Public for the
State of Montana, personally appeared William A. Phillips, 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.
'7A~~
Notary Public for the Sta e of Montana
Residing at Bozeman, Montana
My commission expires: 01-1/-11
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3129
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 16.438 ACRES GENERALLY LOCATED
BETWEEN SOUTH ROUSE AVENUE AND SOUTH CHURCH AVENUE,
AT MASON STREET, ACCOLA DRIVE AND HOFFMAN DRIVE EXTENDED
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
McRay Evans does hereby aCknowledge that on the
;lb day of July, 1996 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 .2Jj
day of July, 1996.
C}?/eJf~~
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NOT ARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLA TIN )
On the ~ fJ; -JjJ day of
1996, before me, a Notary Public for the
State of Montana, personally appeared
ay Evans, 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.
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3129
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 16.438 ACRES GENERALLY LOCATED
BETWEEN SOUTH ROUSE A VENUE AND SOUTH CHURCH A VENUE,
AT MASON STREET, ACCOLA DRIVE AND HOFFMAN DRIVE EXTENDED
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
G. K. Reiser does hereby acknowledge that on the
day of July, 1996 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.
r
DATED this
day of July / 1996.
NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
On the
day of 1996, before me, a Notary Public for the
State of Montana, personally appeared G. K. Reiser, 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.
Notary Public for the State of Montana
Residing at Bozeman, Montana
My commission expires: