HomeMy WebLinkAboutResolution 3068 Annexing Sacajawea Middle School (formerly School District)
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COMMISSION RESOLUTION NO. 3068
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 SACAJAWEA MIDDLE SCHOOL ANNEXATION (FORMERLY
REFERRED TO AS THE SCHOOL DISTRICT ANNEXATION REQUEST) AND
HEREIN MORE PARTICULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Bozeman
School District No.7, owner of the entire 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 South Third Avenue and south of the existing city limits, 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
February 22, 1994; and
WHEREAS, on February 22, 1994, the City Commission, pursuant to the annexation
procedures of Title 7, Chaper 2, Part 43 of the Montana Code Annotated, adopted Commission
Resolution No. 2955, declaring its intention to annex said contiguous tract within the corporate
limits of the City; and
WHEREAS, on May 10, 1994, School District No. 7 submitted an annexation
application, requesting annexation under Title 7, Chapter 2, Part 44 of the Montana Code
Annotated; and
WHEREAS. on July 25, 1994, the City Commission adopted Commission Resolution No.
2991, declaring the annexation procedure of Title 7, Chapter 2, Part 43 of the Montana Code
Annotated as the appropriate procedure, selecting the Part 43 annexation procedure to annex
said contiguous land and set the public hearing for August 15, 1994; and
WHEREAS, the public hearing on Commission Resolution No. 2955, as set by
Commission Resolution No. 2991, was duly noticed and held on the 15th day of August 1994;
and
WHEREAS, the City did not receive any written protest from the resident freeholders
of the territory to be annexed; and
WHEREAS, on August 29, 1994, the Commission authorized and directed staff to
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prepare the necessary documents to proceed with the annexation of this tract in accordance
with Commission Resolution No. 2955; and
WHEREAS, the provision for 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 School District No.7, 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.
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 28.759 acres of land, to wit:
A tract of land located in the southwest one-quarter of the southeast one-
quarter of Section 24, Township 2 South, Range 5 East, Montana Principal
Meridian, which is on file and of record in the Office of the Clerk and Recorder,
Gallatin County, Montana. Said tract is more particularly described as follows:
Beginning at Corner No. 1 of said parcel, which is identical with the south
quarter corner of Section 24, and is marked with a marked sandstone post;
thence, from Corner 1, North 00013'30" East along the west line of the
southeast quarter of Section 24 a distance of 990.06 feet to Corner No.2,
which is marked with a brass capped iron monument; thence, from Corner No.
2, North 89037'13" East a distance of 1264.61 feet to Corner No.3, which
is marked with a brass capped iron monument on the west right-of-way line
of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence from Corner
No.3, South 00008'05" West along the said west right-of-way line a distance
of 990.04 feet to Corner No.4, which is marked with a brass capped iron
monument on the south line of the southeast quarter of Section 24; from
Corner No.4 the southeast corner of the southwest quarter of the southeast
quarter of Section 24 which is marked with a county cast iron monument,
bears North 89037' 13" East a distance of 63.33 feet; thence from Corner No.
4, South 89037' 13" West along the south line of the southeast quarter of
Section 24 a distance of 1266.17 feet to Corner No.1.
Section 2
The effective date of this annexation is July 15, 1995.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
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j\ffiha&it af JIuhl itatian
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A .-....... .fthe
City
CaMfIII..lon" of the City of
BO<i:eman, Montana, extend-
Ing the boundarlel of said
STATE OF MONTANA, } SS.
City of BO<i:eman 10 aa to In-
clude within tha corporate
limits of the City of Bweman
County of Gallatin,
a tract of land contlguoul to
laid City and referred to al
Vivie Portnell
, being duly sworn, deposes the Sacajawea Middle
School Annexation (formerly
referred to al the School
and says: That ~ he is Principal Clerk of the Bozeman
Daily Dlatrlct Annexation Requeet)
and herein more partleulerly
Chronicle, a newspaper of general circulation, printed and published in Bozeman, delerlbed.
City of Bozeman
State of Montana
Gallatin County, Montana; and that the notice hereunt
o annexed County of Gallatin
I, Robin L. Sullivan, Clerk of
(Commisssion Resolution No. 3068
the City Commission of the
City of Bozeman, Montana,
do hereby certify that the
)has been foregoing is the true and cor-
rect title and number of com.
correctly published in the regular and entire issue of every number of said paper for mission Resolution No. 3068
passed and adopted at a
special sasslon thereof held
] -cutT5ccntivc insertion , the first of w publication was made on
on the 3rd day of July, 1995.
Dated this 5th day of July,
the 9th day of July
9 _, and the last on 1995.
ROBIN L. SULLIVAN
Cieri< of the City Commission
the 9th day of
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Subscribed and sworn to before me this
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C 7J; "AsI--
Notary Public for the State of Montana,
residing at Bozeman, Montana
NOTARY PUBLIC lor the State of Montana
Residing al Bozeman, Montana
My COr0m:ssi,,~ ~xp:r\)s July 6,1996
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dated March 21, 1995, by and between the City of Bozeman and School District No.7.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 3rd day of July 1995.
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APPROVED AS TO FORM:
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AlLISON ANNEXA TION :
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I EXISTING CITY LIMITS ,
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S89'J7'IJ"W 1266.17' Corn~r 4
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S. 1/4 COR. SEC. 24
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f SACAJA WEA MIDDLE SCHOOL
o 400 800 FEET S.W.1/4.S.E.1/4. SEC. 24, T2S. R5E
I ' I RESOLUTION NO. 3068
CITY OF BOZEMAN SCALE: I" = 400' EFFECTIVE DATE: 7/15/95
ENGINEERING DEPARTMENT
1 71 r.: 4 THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
3 d TIlE 29TH DAY OF DECEMBER , A.D" 1995
OFFICE OF COUNTY RECORDER)
COUNTY OF GALLATIN ) AT 4:01 PM., AND WAS DULY RECORDED IN BOOK 159
STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 1712
Fee $ 10.00 .119 II. ChIer RECORDER. BY ~.~~ DEPUTY
RT: CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771