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HomeMy WebLinkAboutResolution 3044 Annexing Durston Rd./N. 25th Ave -.---- ""~::'.~. ----.--- " < . . COMMISSION RESOLUTION NO. 3044 filM 156 PAGE3419 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 DURSTON ROAD/NORTH 25TH A VENUE ANNEXATION (FORMERL Y REFERRED TO AS THE FELLOWS ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from Thomas W. Fellows and Marie G. Fellows and the Fellows Limited Partnership, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land bounded by Durston Road on the north, North 25th Avenue on the west, and West Beall Street on the south, 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. 3022 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. 3022 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, in accordance with the Commission's decision of December 5, 1994, the applicant has entered into a written Annexation Agreement and has satisfied or has agreed to satisfy the conditions of annexation; and WHEREAS, a portion of the interest in the subject tract has been transferred to now include Willow brook Condominium, Inc.; 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 Annexation Agreement between the City and Marie G. Fellows and Willow brook Condominium, Inc., 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 _n__..___ .._..._..__ _. _.. .__ -.--.....- -~~~, - .- ---. , . , filM 156 PACE3420 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 property, to wit: Tract B, Certificate of Survey No. 1817; and Tract 1, Certificate of Survey No. 1855, all located in the NW~, 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 March 1, 1995. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated February 6, 1995, by and between the City of Bozeman and Marie G. Fellows and Willow brook Condominium, Inc. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of February 1995. (~~ Z.~~ DON E. STUECK Mayor Pro Tempore APPROVED AS TO FORM: . 2 ~ . . ~ fiLM 156PACf3421 j\ffib-a&it of JIuhlicatiolt , If:. tot 1;1 ..' ,", ,'~.!'Id. !I'III'he boundaries of 'said STATE OF MONTANA, } SS. City of Bozeman .0 a. to in- clude within the corporate limits of the. City of Boaeman County of Gallatin, a' trsct of Ian. CClfttIaI,lOUS to Hid City ."~frefer'" to .. Vivie Portnell , being duly sworn, deposes the Du.-n"'~_ Avenue A"",,,,,,...(~r. and says: That ~ he is Principal Clerk of the Bozeman Daily =_i.~'::: " ,. ,iItUI.rly de- Chronicle, a newspaper of general circulation, printed and published in Bozeman, ~f;~::,:.>:",:~i":" Oll)'of'",an =...~na Gallatin County, Montana; and that the notice hereunto annexed :'oI'Oallatin '1 RoblnL, Sullivan, Clerk of ( Commission Resolution No. 3044 the City Commission of the City of Bozeman, Montana. do hereby certify that the )has been foregoing Is the true and cor, reet title and number of Com' correctly published in the regular and entire issue of every number of said paper for mission Resolution No. 3044 passed and adopted at a reg- ularsesslon thereof held on ] com;ee tI t1:Ve- blication was made on the 6th day of February, 1995. Dated this 8th day of Febru- the 10th day of , and the last on ary. 1995. ROBINL: SULl)V AN. the 10th day of :~,of""~;(;qm~_ Subscribed and sworn to before me this ]~ dayof It:::iJ~ (-~ -- Notary ublic for the State of Montana, residing at Bozeman, Montana NOTARY PUBLIC for the SIal9otMontana Aesidi!1g at Bozeman, Montana Hv C()~"';~<'"-". .~" L "II F, 1MB . .. ' . . fiLM 156PAGf3422 EXISTING 15' SANITARY I SEWER ON <t I EXISTING CITY WAITS I ;;: 60' I 0 " 0;,.. I :;; h gg m .,; ::>.-' .., ;;: "'m ~ 0 w 0; _J :;;: ~ . ..- " 0 m;;: I . ;::::: :::,.: !.-, ::>0 "'- '" t: '" "'",0 0 "'o~ b gh . . . . . . . 0 . . .. . '" . . m",'" WEST VILLARO I ~ ------si'REET ~ I I;; '" EXISmNG 1 Q" " SANITARY SEWER EXISmNG 8" WATER MAIN N Z I 0 0;- ~ ;:;; 0'" ~9 "'m w .-' ~ EXISTING 12" WATER MAIN C1/16 CORNER NE1/4.SECTlON 11 SIMKINS ..... SUBDMSION . . -'" KIRK PARK ~O> N,i WEST PARK MANOR ~~ flRST ADDITION b-:- o~ z EAST QUARTER CORNER SECTION 11 FOUND IRON ROD BABCOCK 51/16 CORNER NEI/4.SECTlON 11 ANNEXA TION MAP 0 JOO 600 FEET DURSTON ROAD/NORTH 25TH ANNEXATION I . I RESOLUTION NO. J044 APPROX. SCALE: I" = JOO' EFFECTIVE DATE: MARCH " 1995 t:~y 312179 TIllS INSTRUMENT WAS FILED FOR RECOHD IN THIS OFFICE ON THE 22 DA Y OF SF.P'T'F.MRF.R , A.D., 19 95 OFFICE OF COUNTY RECORDER) COUNTY OF GALLA TIN ) AT 2:46 DULY RECORDED IN BOOK 156 STATE OF MONTANA ) OF 3419 Fee $ 2 4.00 Shelle, M. Cbeney RECORDER. BY DEPUTY RT: CITY OF BOZEMAN ..- -- --.--. -. - ..". -.-----... -