HomeMy WebLinkAboutResolution 3060 Annexing Brookside (formerly Marks)
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COMMISSION RESOLUTION NO. 3060
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 BROOKSIDE ANNEXATION (FORMERLY REFERRED TO AS THE
MARKS ANNEXA TION REQUEST) AND HEREIN MORE PARTICULARL Y
DESCRIBED.
WHEREAS. the City of Bozeman received a request for annexation from John D. Marks.
President of Scenic Developers. Inc.. and Karen Neibauer. requesting the City Commission to
extend the boundaries of the City of Bozeman so as to include a certain contiguous tracts of land
located along the north side of West Babcock Street. east of North 25th Avenue extended, 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
October 31. 1994; and
WHEREAS. Commission Resolution No. 3023 was adopted by the City Commission on
October 31. 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. 3023 was duly noticed and
held on December 5, 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 5, 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. 3023; 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 John Marks, President of Scenic Developers, Inc.. and Karen Neibauer, 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
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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 5.47 acres of land, to wit:
Lot 1, Egbert Subdivision; and Lot 1, Certificate of Survey No. 1840, located
in the S ~, E ~, W %, SW %, NE % of Section 11, Township 2 South, Range 5
East, Montana Principal Meridian, 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 April 3, 1995, by and between the City of Bozeman and John Marks, President of Scenic
Developers, Inc., and Karen Neibauer.
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.
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J VINCENT, ayor "
ATTEST: !
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Clerk~rth~ Commission
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APPROVED AS TO FORM:
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t RESOLUTION NO. 3060
N ANNEXATION MAP
~ BROOKSIDE ANNEXA TION
N.E. 1/4 SEC. 11, T25, R5E
o 200 400 nET
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CITY OF BOZEMAN
SCALE: ,. ... 200' ENGINEERING DEPARTMENT 6/1/95
30938 B ~~~:D THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
TilE 2ND DA Y OF AUGUST A.D. 19 Q5
)FFICE OF COUNTY RECORDER) , , -
:::OUNTY OF GALLATIN ) AT 11: 46 A 1'1., AND WAS DULY RECORDED IN BOOK 155
STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 1751
,'ec $ 24.00 D..., .. CblllllY RECORDER. BY SJ)1ao(/2{n/TI~ DEPUTY
RT: CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771
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