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HomeMy WebLinkAboutResolution 3101 Annexing Pioneer Ready Mix (now Big R) ~-~ :-.~~.,_____ ....,.JriiFr -- COMMISSION RESOLUTION NO. 3101 fiLM 178 PACE 4165 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 AND REFERRED TO AS THE NORTH 7TH A VENUE/FLORA LANE ANNEXATION (FORMERL Y REFERRED TO AS THE MURDOCH ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from John W. Murdoch, an 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 North 7th Avenue, just north of the former KBMN radio station site, 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. 3039 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. 3039 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 to prepare the necessary documents to proceed with the annexation of this tract in accordance with Commission Resolution No. 3039; 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 W. and Norma D. Murdoch, record owners 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 -.. - - ...- ..- - --...-- "V"~ --,~-- "'';-' -- ~ f;L~ 178 fACf4166 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. 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 2.526 acres of land, to wit: A contiguous tract of land located in Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, described as Lot 2 and Lot 13, Gordon Mandeville State School Section Subdivision Section 2 The effective date of this annexation is February 1, 1996. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated January 22, 1996, by and between the City of Bozeman and John W. and Norma D. Murdoch. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of January 1996. (!7orr ?/f~ DON E. STUECK, Mayor APPROVED AS TO FORM: ,."" _ ~;>/ //7 ~.-7 _-, PA&/}/ ~~~\-J:{'Cl ,,-{/ City Attor'ney - 2 - - -- ---,- --.- -- -- ,- -- - ... - - -- "' j\ffiaa&it nf lFIuhliratinn fll~ 78 PACE 4167 STA TE OF MONT ANA, } SS. County of Gallatin, Vivie Portnell , being duly sworn, deposes and says: That ~ he is Princioal Clerk _ of the Bozeman Daily Chronicle, a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed ( Commission Resolution No. 3]0] COMMISSION fIIE8OLUTION NO. 3101 )has been, A "...Iutlon of th. City Comml..!on of the City of Bozeman, Montana. extend- correctly published in the regular and entire issue of every number of said paper for Ing the boundaries of said City of Bozeman eo .. to In- I ~ivt: insert ion lication was made on elude within the corporete limite of the City of Bozeman a tract of land .~u. to the 25th day of. laid Chy and rottr"w e. the North 7th AvenueJFJora the 25th day of Lane Annexation (fornierly referred to as the Murdoch Annexation Requ8Bt) and (~ herein more particularly de. ..,;...'''''''~~'h!Lto-.... scribed. " 8 E ...~~ " Subscribed and sworn to before me this City of Bozeman , ' ,~\-. . -,,!'fly~' , State of Montana J" ._,>:,_"')-~\ ~ dayof January 19~ County of ~tin " ~~'~;RM~~'~;:; .~. I, RotJin . Sullivan, Clerk of Ihe Clty-- - -million of the .1 ' : ',,,: ,,'I "f'~""'i,'~'" ~. ~i':k:,: ! ~'M"zoman, Montana, - SE~'" ( ~-~ ;,0 "".v certify ItW Ih. <,,:.i;,~"f/_;", 1 ~ -- foreto'nI"!tIt t....-:cor- Notary Public for the State of Montana, ,,'j"Jt\:'I~".'L" "'i.., c. ....,', .. '"' '," ~ '~ ,. '.'\,:"00;';''' ..- '-f:..""/ r~siding at Bozeman, Montana -, . .,: ' ./'...:! ,., "" . "::-:,-.. "j~ ' '. .' '. ""." 1-1.. _"',. "h...I, '\ ..- f or .~(J" ...." . ",.. ,". a regular session thereof .,' . '''~'':$.,. held on the 22nd day of , .. ',' ~' '.' 1iICIf_.ueuc tDf.....otMonlana January 1996_ Dated this 23rd day of Janu- _n. _n_. ---,,---- .. fILM 17SrACf4168 .. ".;' ." .I. .' " NZr . ," . ... ,-.. no ".' ,.. .'. .' . ", , " '; , .,,'. . ' , ' ' . ., - - . . " , . , .. ,_.. . .. . . , .,. , .' ,.,.. .'. . ,," - -'''' . . . . .. ' - } ...~ ..< ~~~~:iiy~. ..'," -."- . .7'" _ --.'.' :'.... INDEXED ( ._,.. 354289 P\Anm State of Moot.. County of Gaflatin. ss Elled for J&cord .19-2l- at 4 : 46 pM., and recorded in Book 178 at age 4165 dlu.!.Lt'J Qlanl!'1l Recorder. If Deputy FEE: $24.00 RT: CITY OF BOZEMAN ......UMENr 011 POOR PHOTOGRAPHIC QUALITY ....-..,-- .. ._,_ n__. - --.--