HomeMy WebLinkAboutResolution 3059 Annexing Kagy (formerly Chang)
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COMMISSION RESOLUTION NO. 3059
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 KAGY ANNEXATION (FORMERLY REFERRED TO AS THE CHANG
ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED.
WHEREAS. the City of Bozeman received a request for annexation from Elden Chang
on behalf of Yelew Builders, requesting the City Commission to extend the boundaries of the City
of Bozeman so as to include a certain contiguous tract of land located approximately one block
east of the intersection of South 19th Avenue and Kagy Boulevard, on the north side of Kagy
Boulevard, 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 June
13, 1994; and
WHEREAS. Commission Resolution No. 2980 was adopted by the City Commission on
June 13, 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. 2980 was duly noticed and
held on July 18, 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 July 18, 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. 2980; and
WHEREAS, subsequently, the subject tract has been transferred and is now in the
ownership of Bin and Susan Chang; 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 Bin and Susan Chang, record owners of the tract; and
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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 3.557 acres of land, to wit:
A tract of land known as Tract A, Certificate of Survey No. 573, located in the
southwest one-Quarter of Section 13, 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.
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 7, 1995, by and between the City of Bozeman and Bin and Susan Chang.
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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JO VINCENT, Mayor '
APPROVED AS TO FORM:
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~ffib-a&it of JIuhlitatiou fLU 178,;tf4176
STATE OF MONT ANA, }
County of Gallatin, . SS.
Vivie Portnell ,beingdulyswom,deposes
and says' That S he is Principal Clerk of the Bozeman Daily
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Chronicle, a newspaper of general circulation, printed and published in Bozeman, A ==Or:oih~'ty
, C......,~n of the City of
Gallatin County, Montana; and that the notice hereunto annexed :09zethm.~._~!~!allll. .xtend.
· __rle, of ,.'d
C . . R 1 . City of 80zeman 10 a. to .In-
( ommlSSlon eso utlon No. 3059 clude within the corporate
lImite of the City of &ozern.n
)has been I tract of land contlguoua to
'11d City Ind ,.f.rr.d to a.
. . . . . the kagy Annaxatlon (for.
correctly publIshed in the regular and enUre Issue of every number of saId paper for merly ,.ferred to .. the
'. . . . Chang Annexation R.que.t)
I eonS-eetttt"v'e-- lnsert ion the first 0 Pu IIcatlOn was made on deand herein more partlcullrly
- , 'crlbed.
City 01 Bozeman
the 18th day of May State 01 Montana
county 01 Gallatin
the 18 t h day of I, RO~ln L. Sullivan. Clerk 01
th.e City COmmission 01 the
City 01 Bozeman. Montana,
do hereby certify that the
loregoing 18 the true a ,.
Subscribed and sworn to before me this rect title, and ' .
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18tQ.aYOf ~9-'1"L :=."'~"'.'.""...~
:.L.d ,::-' .. , ._May,
Notary Public for the State of Montana, CJ rk fFlOBlNh C' L. SUll,."..,
e 0 t e Ity Commission
residing at Bozeman, Montana
NOT ARV PUBLIC lor the State of Montana
Residing at BOleman, Montana
My Commission expires July 6. 1996
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fILM 178 PACE4177
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~ RESOLUTION NO. 3059
~ ANNEXATION MAP
KAGY ANNEXATION
o 150 JOO FEET S.W. 1/4 SEC. IJ. T2S. RSE
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. CITY OF BOZEIAAN
SCALE; 1 = 150' ENGINEERING DEPARTMENT 6/1/95
INoeXED j
t'LATTED 354291 THIS INSTRUMENT WAS FILED FOR RECOHD IN TIllS OFFICE ON
TIlE 14 DA Y OF NOVEMBER , A.D., 1997
OFFICE 0 < COUNTY RECOHDEH )
COUNTY OF GALLATIN ) AT 4:48 PM., AND WAS DULY RECORDED IN BOOK 178
STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 4174
Fee $ 24. 00 .$g~ll~f} q1~ RECORDER. BY ifJ1 ~t~jJ '1 ~ DEPUTY
RT: CITY OF BOZEMAN ATTN: ROBIN .
II"ISTRUM9ift' 0fI POOl
"""OlvvRAPHfC QUAU1?f
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