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HomeMy WebLinkAboutResolution 3051 Intent to annex Balian - 6.15 acres --..-.-.--..-.--- ---- ----- -- --------- COMMISSION RESOLUTION NO. 3051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 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 Dennis Balian on behalf of himself and his wife, owners 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, a certain contiguous tracts of land located along the north side of West Babcock Street, west of Western Drive; and WHEREAS, the legal description of these contiguous tracts, in the County of Gallatin, State of Montana, is as follows: Main Parcel: Tracts 2 and 3 of Fowler Subdivision, a subdivision of part of the SE~, NWY4 of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Tract 4 of Fowler Subdivision, a subdivision of part of the SEY4, NWY4 of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Auxiliary Parcel: A tract of land lying in Tract 1 of the Fowler Subdivision, a subdivision of part of the SEY4, NWY4 of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southwest corner of said Tract 1; thence northerly along the West line of said Tract 1 a distance of 213 feet; thence easterly parallel to the South line of said Tract 1 a distance of 21 feet; thence southerly parallel to the West line of said Tract 1 a distance of 213 feet, more or less, to a point on the South line of said Tract 1; thence westerly along said South line a distance of 21 feet, more or less, to the point of beginning. As previously described in Warranty Deed recorded in Book 138 of Deeds, Page 601; and WHEREAS, these tracts contain a total of 6.15 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 owners 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 SID's, 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 freeholders 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 15th day of May 1995, at 7:00 p.m., be and the same, 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: a. Immediately notify in writing, addressed to the address to which - 2 - .._..___________.. __._ _u u_ n ...._ .___.. __."'._.._....____.".__._......_..._._ __._._n...__ 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 expressions of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from freeholders of the territory proposed to be embraced therein, and that the written expressions, if any, must be filed with the Clerk of Commission not later than 5:00 p.m. on Thursday, May 11, 1995. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of April 1995. U~fA~ DON E. STUECK Mayor Pro Tempore ATTEST: ~JJ~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 3 - NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 17th day of April 1995, Commission Resolution No. 3051 was duly and regularly passed and adopted. Said Resolution is entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 6.1 5 acres of real property proposed for annexation by Dennis Balian on behalf of himself and his wife, located along the north side of West Babcock Street, west of Western Drive, in the County of Gallatin, State of Montana, is described as follows: Main Parcel: Tracts 2 and 3 of Fowler Subdivision, a subdivision of part of the SE%, NW% of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Tract 4 of Fowler Subdivision, a subdivision of part of the SE %, NW% of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Auxiliary Parcel: A tract of land lying in Tract 1 of the Fowler Subdivision, a subdivision of part of the SE%, NW% of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southwest corner of said Tract 1; thence northerly along the West line of said Tract 1 a distance of 213 feet; thence easterly parallel to the South line of said Tract 1 a distance of 21 feet; thence southerly parallel to the West line of said Tract 1 a distance of 213 feet, more or less, to a point on the South line of said Tract 1; thence westerly along said South line a distance of 21 feet, more or less, to the point of beginning. As previously described in Warranty Deed recorded in Book 138 of Deeds, Page 601. For a period of twenty (20) days following the first publication of this Notice, the Clerk of Commission will receive expressions, in writing, of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from the freeholders of the tracts proposed to be annexed. The deadline for this written comment is 5:00 p.m. on Thursday, May 11, 1995. In addition, a public hearing shall be held on Monday, May 15, 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 17th day of May 1995. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, April 21, 1995 Friday, April 28, 1995 -.-- - ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3051 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 6.15 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF WEST BABCOCK STREET, JUST WEST OF WESTERN DRIVE IN THE COUNTY OF GALLATIN, STATE OF MONTANA Dennis Balian does hereby acknowledge that on the 2. Y fA\ day of April 1995, he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that he presently resides in Gallatin County, State of Montana. DATED this ,)..1./ f~ day of April 1995. ~~ NOT ARY PUBLIC 8T A TE OF MONT ANA ) COUNTY OF GALLA TIN ) On the (7?Lj~day of April 1995, before me, a Notary Public for the State of Montana, personally appeared Dennis Balian, and 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. ,. ... Notary Publi f r the State of Montana Residing at Bozeman, Montaz) My commission expires: Z; if' ---..-----