HomeMy WebLinkAboutResolution 3091 Intent to annex McGough - 7.967 acres
COMMISSION RESOLUTION NO. 3091
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, 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 Steve McGough, owner 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 along the north side of the 2700 block of West Babcock Street; and
WHEREAS, the legal description of these contiguous tracts, in the County of
Gallatin, State of Montana, is as follows:
All that part of the South Half of the Northwest Quarter (S Y:z NW%) of
Section Eleven (11), Township Two (2) South, Range Five (5) East, M.P.M.
included within the following metes and bounds, to-wit: Beginning at a
point on the South line of said SY:z, NW%, said point being 2184.83 feet
East of the Southwest corner of said S Y:z, NW%; thence West along the
South line thereof a distance of 130.57 feet; thence North a distance of
1334.56 feet, more or less, to a point on the North line of said S Y:z, NW%;
thence East along said North line thereof a distance of 130.57 feet to a
point located 2227.83 feet East of the Northwest corner of said S Y:z, NW%
thence South a distance of 1334.43 feet, more or less, to the point of
beginning. As recorded in Book 115 of Deeds, page 128 records of
Gallatin County, Montana.
And also that part of the S Y:z of the NW % of Section Eleven (11),
Township Two (2) South, range Five (5) East of M.P.M., included within
the following metes and bounds, to-wit: Beginning at a point on the South
line of said SY:z of NW%, said point being 2315.4 feet East of the
Southwest corner of said S Y:z of NW%; thence West along the South line
of said quarter a distance of 130.57 feet; thence North a distance of
1334.43 feet, more or less, to a point on the North line of said S Y:z, NW %;
thence East along said North line thereof a distance of 130.57 feet to a
point located 2358.4 feet East of the Northeast corner of said S Y:z of
NW%; thence South a distance of 1334.31 feet, more or less; the point of
beginning, being the East half of the Eight Acre Tract as recorded in Book
80 of Deeds, page 72, Gallatin County records. As recorded in Book 116
of Deeds, page 30, records of Gallatin County, Montana.
WHEREAS, these tracts contain a total of 7.967 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
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 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 510'5, 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 owner 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 18th day of
December 1995, 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:
- 2 -
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, December 14, 1995.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 20th day of November 1995.
ATTEST:
(f~ c/ ~
ROBIN l. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
- 3 -
-----.. -...-- -."...---
_._. ._...._u _ .-----.------. ----- ---- --------- ---
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 20th day of November 1995, Commission Resolution No. 3091 was duly and
regularly passed and adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA. 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 7.967 acres of real property proposed for annexation by Steve McGough, located along
the north side of the 2700 block of West Babcock Street, in the County of Gallatin, State of
Montana, is described as follows:
All that part of the South Half of the Northwest Quarter (S Y2 NW %) of Section
Eleven (11), Township Two (2) South, Range Five (5) East, M.P.M. included within
the following metes and bounds, to.wit: Beginning at a point on the South line of
said S Y2 NW %, said point being 2184.83 feet east of the Southwest corner of
said SYi, NW%; thence West along the South line thereof a distance of 130.57
feet; thence North a distance of 1334.56 feet, more or less, to a point on the
North line of said S Yi, NW %; thence East along said North line thereof a distance
of 130.57 feet to a point located 2227.83 feet East of the Northwest corner of
said S Yi, NW % thence South a distance of 1334.43 feet, more or less, to the
point of beginning. As recorded in Book 11 5 of Deeds. page 1 28 records of
Gallatin County, Montana.
And also that part of the S Yi of the NW % of Section Eleven (11), T ownshi p Two
(2) South, range Five (5) East, of M.P.M., included within the following metes and
bounds, to-wit: Beginning at a point on the South line of said S Yi of NW %, said
point being 231 5.4 feet East of the Southwest corner of said S Yi if NW %; thence
West along the South line of said quarter a distance of 130.57 feet; thence North
a distance of 1334.43 feet, more or less, to a point on the North line of said S % ,
NW %; thence East along said North line thereof a distance of 130.57 feet to a
point located 2358.4 feet East of the Northeast corner of said SYi of NW%;
thence South a distance of 1334.31 feet, more or less; the point of beginning,
being the East half of the Eight Acre Tract as recorded in Book 80 of Deeds. page
72, Gallatin County records. As recorded in Book 116 of Deeds. page 30, records
of Gallatin County, Montana.
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, December 14, 1995.
In addition, a public hearing shall be held on Monday, December 18, 1995, 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 20th day of November 1995.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Friday, November 24, 1995
Friday, December 1, 1995
~ .- .......:'"..-
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3091
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 7.967 ACRES GENERALLY LOCATED
ALONG THE NORTH SIDE OF WEST BABCOCK STREET,
IN THE 2700 BLOCK, IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
Steve McGough, does hereby acknowledge that on the 15th day of DECEMBER ,
1995 he received a copy of said Notice and hereby waives any requirement for personal
service 0'( said r~otice. And, further, that he presently resides in Gallatin County, State of
Montana.
DATED this 15th day of DECEMBER 1995.
/h~
NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLAT!N )
On the 15ht day of DECEMBER 1995, before me, a Notary Public for the
State of Montana, personally appeared Steve McGough, 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. -
-
-
-
'-
-
,~ ..-'
........:.
/ ~,~
Nota I Publir; for the Sta e f Mont~ma
Residing at Bozeman, Montana
My commission expires: 06-01-Q6
---.-..---