HomeMy WebLinkAboutResolution 3112 Intent to annex 2.591 acres - Horan
COMMISSION RESOLUTION NO. 3112
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 Springer Group Architects on behalf of Cecil M. Horan, owner 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 along the south side of the
2500 block of West Villard Street, including the street right-of-way; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
A tract of land known as Tract A of Certificate of Survey No. 1929, located
in the Northeast one-quarter of Section 11, Township 2 South, Range 5
East, Montana Principal Meridian, Gallatin County, Montana, and more
particularly described as follows:
Beginning at a point on the West line of said Northeast one-quarter, which
bears South 00031'46"
West a distance of 527.97 feet, from the
Northwest corner of said Northeast one-quarter (North one~quarter corner
Section 11). Thence North 89018'17"
East a distance of 173.30 feet.
Thence South 00047'46" West along the West line of said Western
Subdivision a distance of 676.72 feet.
Thence North 77046'33" East a
distance of 173.71 feet.
Thence North 00031 '46" East along the West
line of said Northeast one-quarter a distance of 637.80 feet to the point of
beginning.
WHEREAS, this tract contains 2.591 acres of land, along with and subject to any
existing easements; 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 owner of
said tract addressing issues that are in the best interests of the City of Bozeman, such as,
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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 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 tract hereinbefore described will be the subject of a mutual agreement
between the City of Bozeman and the real property owner 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 20th day of May
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:
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 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.
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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, May 16, 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 April 1996.
{ D~ L.)J~
DON E. STUECK
Mayor
ATTEST:
(Jat 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 April 1996, Commission Resolution No. 3112 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 INHABIT ANTS THEREOF AND
THE INHABIT ANTS 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 2.591 acres of real property
proposed for annexation by Springer Group Architects for
Cecil M. Horan, located along the south side of West Villard Street, in the County of Gallatin, State
of Montana, is described as follows:
A tract of land known as Tract
A of Certificate of Survey No. 1929, located in the
Northeast one-quarter of Section
11, Township 2 South, Range 5 East, Montana
Principal Meridian, Gallatin
County, Montana, and more particularly described as
follows:
Beginning at a point on the West
line of said Northeast one~quarter, which bears
South 00031 '46" West a distance
of 527.97 feet, from the Northwest corner of
said Northeast one-quarter (North
one-quarter corner Section 11). Thence North
89018' 17" East a distance of
173.30 feet. Thence South 00047' 46" West along
the West line of said Western
Subdivision a distance of 676.72 feet. Thence
North 77046'33" East a distance
of 173.71 feet. Thence North 00031 '46" East
along the West line of said Northeast
one-quarter a distance of 637.80 feet to the
point of beginning.
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, May 16, 1996. In
addition, a public hearing shall be held on Monday, May 20, 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 April
1996.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Friday, April 26, 1996
Friday, May 3, 1996
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406 582 2363 P.02
APR-03-96 WED 02:58 ~M CITY OF
BOZ. CARNEGIE
TEL I'-Ie;. 4CI6~8151: ~ ':15
ApI" 3.96 14:34 No.COl F.u~
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DtSCRfPTtON
TRACT A
A (roct of lond located in the
Northeos:t or,e-quorter of SI!CtiDf'>
I
17, rQwnShip 2 $OI.Jth, Range
5 Cost, Principol Meridion Montono,
Go/lotin C<,>vrtfy, MontQno Dnd
tieing ftlrther described os follow~:
Beginning at 0 pOint Of! the
WC3t line of iold Nortf'least one-
quarter, which bears South OD'J1'45H
W.,~t Q di~tahc. (If ~2'1.97
I
fel'Jt, from the Northwest corn~r
of said Northeast one-quarter
I
(North one-quorter corner Section
11). Thence North 8918117"
I
(O$t Q distance of 17J.JO feet.
Theno(J South 00'47'48" West
ofong the West line of sold Wesf~rn
SubcJlvlsfon Q alstance of
~
676. 72 f~~t. Thof'lc$ North
77'46'33" [O$t (7 dlttQt'lco of 17J.71
feet. Thonc~ North 00".37'46H
Eost 010"9 tht West line o( ~C1id
Northoast one-quarter 0 distance
of 837.80' feet to the point of
,
b~ginnift9.
,
Said tract of lond beJf!9 2.591
Acres olong with ana subject to
/...:0., I
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Ony existing easements.
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CfRTIFlCA 7E OF SURvrYOR
t, the undersIgned, Ronald W.
Allen, PIQf.ct:lonol Lof'lQ SIJ(yoyor.
dO hereby certify thot between________._____.
79__. ofld
---_....__'-______ 19__, / sur\'ey&d
this C~rtifi"Qt$ of Svrvtty. and
ploft.d Some (;1S $hQwn on the
Qccompor,yin9 plot al1d 0$ described
In accordonce with t/'H, prQv;~ions
Qf tho Montana Subdivision oorJ
Plotting Act, Sections 76-3-107
ihrough 76-3-614, M.C.A., and the
Gallatin County Svbdivision Regulotlotis.
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t
Ronald YI. Aflen
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MQf}tono ReglstrQtion #4955S
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CLERk AND R~CQRDfR
1
I, Snel/ey M. Cheney. ClArk Qfld
Re(;ord~,. Qf Go/foHn County,
MontClno, do hereby certify that
the for"going inttrCJm~l"If wo~
flied in my office this __ day
of ~_:-'::"___"'" AD., 1~__, ot _....._
_. ~'wt_ /"I....ri ~,..,,....,..,..-,.(A,.,,
...,.. f"'"".,.........,,.,_..
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3112
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 3.16 ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE THE 2500 BLOCK OF WEST VILLARD STREET
IN THE COUNTY OF GALLATIN, STATE OF MONTANA
Cecil M. Horan does hereby acknowledge that on the "5 day of -6-y""/~ ,
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.
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DATED this day of ...///'d' 1/ 1996.
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'(G/~I C r-/' ,/ 41 ;/c'::;;k"." (
NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
.-" (d
On the .:J: day of 111~ 1996, before me, a Notary Public for the
State of Montana, personally appeared Cecil M. Horan, 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.
I} .
'. __ Cl-;' (~. /~ /~ t.-.,
_ / ::. Notary Public for the State of MIJ~
- ::: _ Residing at i5c>2.~ frl311-' /IIf(JMtmio-
-"-' , . , My commission exPires:~ 1\ l<<lq