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HomeMy WebLinkAboutResolution 3061 Annexing Sourdough Road (formerly Merrill) ~ -- --'-- ~ . -. oj COMMISSION RESOLUTION NO. 3061 filM 156 PACE 4867 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 SOURDOUGH ROAD (FORMERLY REFERRED TO AS THE MERRILL ANNEXA TION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from M.G. Merrill, S.M. Barnard, and W.W. and C.W. Locke, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land located northwest of the intersection of Kagy Boulevard and Sourdough Road, along the west side of Sourdough Road, 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 November 21, 1994; and WHEREAS. Commission Resolution No. 3032 was adopted by the City Commission on November 21, 1994, 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. 3032 was duly noticed and held on December 19, 1994; 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 resident freeholders of the territory to be annexed; and WHEREAS. on December 19, 1994, 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. 3032; 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 Matthew G. Merrill, Sarah Merrill Barnard, William W. Locke and Charlene W. Locke, record owners of the tract; and "'- . '" . '''- filM 156 PACE 4868 WHEREAS, said contiguous tract is the subject of a plat or Certific'ate 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 1.8 acres of land, to wit: Lots 4, 5, 6, 7 and 8, Lewis Subdivision, located in the southeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, which is on file and of record in the Office of the Clerk and Recorder, Gallatin County, Montana. Section 2 The effective date of this annexation is June 1, 1995. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated March 14, 1995, by and between the City of Bozeman and Matthew G. Merrill, Sarah Merrill Barnard, William W. Locke and Charlene W. Locke. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of May 1995. APPROVED AS TO FORM: - 2 - filM 156PACf4S69 3 ~ ~ 0'1 I..f\ ~ 0 ~ ~ ~ ""2:.. \b. ~ EXISTING CITY LIMITS \ - \ - - KAGY BL VD. \ - \ \\ 1 RESOLUTION NO. 3061 N ANNEXATION MAP ~ SOURDOUGH ROAD ANNEXAT/( S.E. 1/4 SEC. 18. T2S, R6E 0 100 200 FeET I . I CITY OF BOZEMAN SCALE: r "" 100' ENGINEERING DEPARTMENT 6/ ..--..-.--..- " -----..- . " - -~ fiLM 156 PACf48?O J\ffiaa&it of JIuhliratiott ,.. . ~.,.)., ....' .~~_: '~omml..lon of tlie City of Boz.man,Montana, .xt.nd- Ing th. boundarl.. of .ald STATE OF MONTANA, } SS. City of IIozemIn eo u to In- clud. within the corporat. limite of tile CIty of 80BmIn County of Gallatin, a tnct 01 ............. to ..Id CIty and refwred to a. Vivie Portnell , being duly sworn, deposes tile Sourdough Roed (f0rmer- ly r."rNd to a. th. Merrill Principal Clerk Ann.xetlon .......) .hd and says: That ~ he is of the Bozeman Daily herein Il1O" ,.rtlculerty de- ecrlbed, Chronicle, a newspaper of general circulation, printed and published in Bozeman, CIIy of Bozemen . State of MontanI annexed COunty~-, Gallatin County, Montana; and that the notice hereunto 1,1't\)bIft .L.~"",~rk of th. CltYC.",,,,f.~~~ti I'" ( Commission Resolution No. 306] Clly o.t!'~i '. _.,JIa. ..::rn'Qft1If.yttilll the )has been . ~II a the true and cor- *111111 and'number of Com- mlsslQn Resolution No. 3061 correctly published in the regular and entire issue of every number of said paper for paBBed and adopted at a special session thereof held on the 15th day of May, 1995. I C~6H~~@ in~prtion , the firs ublication was made on Dated thl. 16th day of May. 1995; the 18th day of ROBIN L. SULLIVAN Clerk dIM CiW,CornmIIIIOn the 18th day of ~ ,~.. -"" ~ . ~ ~ ." : <. Subscribed and sworn to before me this ,.,' " .,.' -"""i I' . f: . .~~"".-.,~,., I- i "" ,"", \., ' ]8t~~~ .iI'~ 1t -':;')"1 ft.; " 1 "" ' , . . '~v.. ,.< .t - . 'f; " I \tr~,}SP; X1 ' ,\ !l't~' Notary Public for the State of Montana, \\~~~" \ ." residing at Bozeman, Montana - , '~. , i~~O~.~. ~ NOTARY puBLIC lor the Stale of Montan. 0_, \,00.. " ~..J .;t. Residing It SOZlIrn::;n, Mbntlinll My G(\~:m!u:on eXpirA~ JulY A, 111" ......-.-. .- -..... .-.. -_..._--_._~ \NDEXW 312735 .\,ATTEO State of Mont., County of GallaUo. 5S Fiiad for record OCTOBER 3 . 19 95 II 4: 24 PM., and recnrd'ed In Book J2L of MISCELLANEOUS page 4867 Dill", I. ehll" Reoorder. IV rn f\^ i 0 811 a rW-t1 ~ BepuJy FEE: $24.00 RT: CITY OF BOZEMAN