HomeMy WebLinkAboutResolution 3042 Annexing Babcock Meadows (formerly Barfknecht)
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COMMISSION RESOLUTION NO. 3042
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 CORPORA TE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED
TO AS THE BABCOCK MEADOWS ANNEXATION (FORMERLY REFERRED TO
AS THE BARFKNECHT ANNEXATION REQUEST) AND HEREIN MORE
PARTICULARL Y DESCRIBED.
WHEREAS. the City of Bozeman received a request for annexation from Virginia L.
Barfknecht. 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 the Main Mall Annexation on the
south and West Babcock Street on the north, 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 18, 1993; and
WHEREAS. Commission Resolution No. 2956 was adopted by the City Commission on
February 22, 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. 2956 was duly noticed and
held on March 21, 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 March 21, 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. 2956; and
WHEREAS. subsequently. the subject tract has been transferred and is now in the
ownership of Babcock Place Limited Partners; 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 Mr. Anson H. Crutcher, on behalf of Babcock Place Limited Partners, record owner
of the tract; and
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filM 152 PACf2J20
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 property, to wit:
The East one-half of the West one-half of the Northeast one-quarter of the
Southwest one-quarter 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 December 12, 1994, by and between the City of Bozeman and Babcock Place limited
Partners.
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.
c!J~ ;: A~
DON E. STUECK, Mayor Pro Tempore
APPROVED AS TO FORM:
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fiLM 152 PACf2J21
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!\ffiaa&it of ~uhlitatiott
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Bozemall, Montane. extend,
:Ing the bounderlel ofI8'.d
. City of Bozemln 10 as to .In-
STATE OF MONT ANA, } SS.
clude within the corporlte
IImltl of the City of Bozeman
County of Gallatin,
a trlct of land contiguous to
laid City end referred to as
the Babcock "'eadowl An-
Vivie Portnell , being duly sworn, deposes
nexation . (fOrmerly referred
to .' the
Barfknecht Annexa-
and says: That ~ he is Principal Clerk of the Bozeman Daily
tlon Requeat) end, herein
more partlculerfy d6cri1led.
Chronicle, a newspaper of general circu~ation, printed and published in Bozeman, City of Bozeman
.,t:::.UeAIaM '-';;:}I'-,-
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Gallatin County, Montana; and that the
notice hereunto annexed >,,~',",' {) \~-"-
.,
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( Commission Resolution No. 3042
)has been r
rnllllliot'l Aesolution No. 3042
correctly published in the regular and entire issue of every number of said paper for passed and adopted
at a reg-
ularsess10n thereof held on
the 6th day of February, 1995.
1 conset.,'.trtive--- insert ion, the first of w ation was made on
Dated this 8th day of Febru-
ary,1995.
~ ,.~ I ~~:. J ,
ROBIN L. SULLIVAN
'h'.{l,l,' day of
, and the last on Clel1<. of\he.~tyqornl!'i~..
t.' .
day of
Subscribed and sworn to before
me this ~~~
19 ~
Ql/.~"
Notary
ublic for the State of Montana, ~~
residing
at Bozeman, Montana
NOTARY PUBLIC forth. SlaI&afbana
Re5iding at Bozeman, Montana
f..~',' '>~'~:'~ion expires JulyS, 1996
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FILM 152 PACE2322
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EXISTING CITY LIMITS I
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ES~R
ROTeR
CHRISTINA H. FURTAK
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ANNEXA TION
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'/4, SEC. 11 EXISTING CllY LIMITS
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UA/N .\oMLL ANNEXATION
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ANNEXATION MAP
0 200 400 FEET
j BABCOCK UE:AOOWS ANNEXATION
, ,
RESOLUTION NO. .1042
APPROX. SCALE: 1" = 200'
EFFECTIVE: OATE: MARCH I, 1995
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TBIS INSTRUMENT W AS FILED FOR RECORD IN TIns OFFICE ON
303488 THE
5TH DA Y OF APRIL , A.D., J9 95
OFFICE OF COUNTY RECORDER)
COUNTY OF GALLA TIN ) AT 2: 36
pM., AND WAS DULY RECORDED IN BOOK 152
STATE OF MONTANA ) OF MISCELL
ANEOUS RECORDS, PAGE 2~1c)
Fee $ 24.00 SuRe, M. ClIne,
RECORDER. BY bdCl/('.(I 9-4..d~ DEPUTY
RT: CITY OF BOZEMAN
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