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HomeMy WebLinkAboutResolution 3040 Intent to annex 1.0 acre (Pope - 1233 Story Mill Road) . ...........1: :,,\(~~-'~~"'" - ~ \/ . _.~ COMMISSION RESOLUTION NO. 3040 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 TRACT 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 TRACT WITHIN THE CORPORATE LIMITS THEREOF. WHEREAS, there has been presented to the City Commission of the City of Bozeman a written application from N.R. Rick Pope, owner of the tract 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 tract of land located along the west side of Story Mill Road, between Bridger Drive and Mcl/hattan Road; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: A tract of land located in the NE%, SE%, Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, Gallatin County, Montana, described as follows on 86 Fm 1950: . Tract of land in the northeast corner of the North one-half of the Southeast one-quarter (North one-quarter of the Southeast one-quarter) of Section 31, T1 S, R6E, MPM, more particularly described as follows, to wit: Beginning at the northeast corner of said North one-half, Southeast one- quarter, thence running west along said quarter section line 285 feet; thence southerly 153 feet; thence east parallel with the north quarter section line 285 feet, more or less, to the east line of said North one-half, South one~quarter, thence north along the east line of said North one-half, Southeast one-quarter 153 feet, more or less, to the point of beginning; and WHEREAS, this tract contains a total of 1.0 acre of land; and WHEREAS, the above-described tract is 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 tract 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 tract 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 tract hereinbefore described to extend the boundaries of the City of Bozeman so as to include said contiguous tract 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 tract hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the freeholders of the tract, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City of Bozeman be extended so as to include the contiguous tract 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 21st day of February 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 tax notices are sent, all owners and purchasers under contract for deed of the property in said contiguous tract to be annexed; and b. Cause a notice to be published in the Bozeman Daily Chronicle, the newspaper nearest the parcel of land to be embraced within - 2 - 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, February 9, 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 January 1995. ATTEST: ~J~ 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 January 1995, Commission Resolution No. 3040 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 TRACT 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 TRACT WITHIN THE CORPORATE LIMITS THEREOF. The 1.0 acre of real property proposed for annexation by N.R. Rick Pope, located along the west side of Story Mill Road, between Bridger Drive and Mcllhattan Road, in the County of Gallatin, State of Montana, is described as follows: A tract of land located in the NE Y<t., SE Y<t., Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, Gallatin County, Montana, described as follows on 86 Fm 1950, which is on file and of record in the Office of the Clerk and Recorder, Gallatin County, Montana: Tract of land in the northeast corner of the North one-half of the Southeast one-quarter (North one-quarter of the Southeast one-quarter) of Section 31, T1 S, R6E, MPM, more particularly described as follows, to wit: Beginning at the northeast corner of said North one-half, Southeast one- quarter, thence running west along said quarter section line 285 feet; thence southerly 153 feet; thence east parallel with the north quarter section line 285 feet, more or less, to the east line of said North one-half, South one-quarter, thence north along the east line of said North one-half, Southeast one-quarter 153 feet, more or less, to the point of beginning. 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 tract proposed to be annexed. The deadline for this written comment is 5:00 p.m. on Thursday, February 9,1995. In addition, a public hearing shall be held on Tuesday, February 21, 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 18th day of January 1995. ROBIN l. SULLIVAN Clerk of the Commission Publish: Friday, January 20, 1995 Friday, January 27, 1995 ---..-.-- "" -- ...,...,."......-... -.. . ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3040 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 1.0 ACRE GENERALLY LOCATED ALONG THE WEST SIDE OF STORY MILL ROAD, BETWEEN BRIDGER DRIVE AND MclLHATTAN ROAD IN THE COUNTY OF GALLATIN, STATE OF MONTANA N.R. Rick Pope does hereby acknowledge that on the 2LVtr\i'ay of January 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. /" DA TED this 24 ~ 1\ day of January 1995. "-. /--'----~ NOT ARY PUBLIC STATE OF MONTANA ) COUNTY OF GALLA TIN) On the (l-z.-+/q.(' day of January 1995, before me, a Notary Public for the State of Montana, personally appeared N.R. Rick Pope, 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. "" ~ ta e of Montana - Residing at Bozeman, ontana My commission expires: l - I \ -q ~ - u__._.___