HomeMy WebLinkAboutResolution 3044 Annexing Durston Rd./N. 25th Ave
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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
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, 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:
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fiLM 156PACf3421
j\ffib-a&it of JIuhlicatiolt
, If:. tot
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!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
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fiLM 156PAGf3422
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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
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