HomeMy WebLinkAboutResolution 3031 Annexing Babcock/Fowler - PC Development, 1.51 acres
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149 PACE 2760
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, COMMISSION RESOLUTION NO. 3031
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 BABCOCK/FOWLER ANNEXATION AND
HEREIN MORE
PARTICULARL Y DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Kerin &
Associates on behalf of P.C. Development, Inc., owner of the entire tract, requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include a certain
contiguous tract of land located at the southwest corner of the future intersection of West
Babcock Street and North Fowler Avenue, 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 April
18, 1994; and
WHEREAS, Commission Resolution No. 2968 was adopted by the City Commission on
April 18, 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. 2968 W(!s duly noticed and
held on May 16, 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 May 16, 1994, the Commission authorized and directed staff to prepare
the necessary documents to annex the tract as established in Commission Resolution No. 2968;
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 P.C. Development, Inc., record owner 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.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
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~ filM 149 PACE 2761
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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:
A tract of land known as Tract A, shown as the Ferguson and Bacon Tract
on Certificate of Survey No. J-92-A, located in a portion of the Southeast
one-quarter of Section 10, Township 2 South, Range 5 East, Montana
Principal Meridian, which is on file and of record in the Office of the Clerk and
Recorder, Gallatin County, Montana. Said tract contains 1.51 acres.
Section 2
The effective date of this annexation is December 1, 1994.
Section 3
The annexation of the above-described tract is subject to the terms of the AgreeFDent
dated November 21, 1994, by and between the City of Bozeman and P.C. Development, Inc.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 21 st day of November 1994.
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fiLM 149 PACf2763
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CASCADE SUBDI SlON
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BABCOCK STREET
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SECTION 10
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y AlLEY CREEK SUBDIYlSION
297..368 0 150 300 FEET
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ANNEXATION MAP
SCALE: ,. - 150'
NOV. 1994
THIS INSTRUMENT WAS FILED FOR RECbRD IN THIS
OFFICE ON
I
THE 29TH DA Y OF
NOVEMBER I: , A.D., 19 94
OFFICE OF COUNTY RECORDER)
COUNTY OF GALLATIN ) AT 1:25
DUL Y RECORDED IN BOOK 149
I
STATE OF MONTANA ) OF
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R1ECORDS,.....PAGE 2760
Fee $ 24.00 ..., I. ChMy RECORDER. BY
DEPUTY
RT: CITY OF BOZEMAN
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rllM 149 PACf2762
J',ffiba&it vf lFluhlirativu
STATE OF MONTANA, } SSe
County of Gallatin,
Vivie Portnell
, being duly sworn, deposes . Clvfmr;:r"""'"
he is Principal Clerk
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and says: That ~ of the Bozeman Daily '. ....1_.. "'IIIY
'....liIIt...... .. ...CItY..
Chronicle, a newspaper of general circulation, printed and published in Bozeman, -...man. Montana........
1"1 the boundar lee .. ..Id
Gallatin County, Montana; and that
the notice hereunto annexed CIr .f Bozeman ao .to In-
clude within the eorporat.
IimIII of the City of IIoIemIn
( Commission Resolution No. 3031
a tract of land contlf'lOUl to
Mid City end referNd to ..
)has been ilia "beoek/Fowler AnMu-
lion and herein mo.. .,.,uc-
""dI.crlbod.
correctly published in the regular and entire issue of every number of said paper for City 01 Bozeman
.....of Monlana
, the first of wh' lication was made on CounIy of Gallatin
I -com;-eetH1",e inse rt ion , I,Robin L. SUIliVM; Gio$.-
· the City Com."" Of ..
the 25th day of
, and the last on . Clly of .10'.,....: .nttIN,
, do horeby.odyW lie ..
the 25th day of
golr!flie!le trut aftet corree!
tiMlt .. .....,......-...
liCllil . ,MIll"" ~ 3031
.-.. (, ."~"~:\~~~:, I '~'
,.ued and adopted .. a reg-
ular .assion thereof held on
t' ..... ,. , !II.' '~' ~ i\
Itt. 21st day of Nov.....r.
' "~E'N'^I/", Subscribed and
sworn to before me this 18M.
. .', 1'10, JV.:
1 ~k
Dated this 22nd "ay 01 No-
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~.;; . ..~ .l'; 'c, 28;7 day of ~
19-2L ...r.1994,
~ :,:.r'<:~\}l~RrA{" ":
ROBIN L.SULLIVAN
Clerk of the City COIMIiIIIon
~~AL-; ; ( ~A/ x:I
";',..,' ..~, "':" '\' ",c,; .!' , ,. Notary Public
for the State of Montana,
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.~..,(.~:~, "::,,:;;:,:. ",I'f.".,. It
residing at Bozeman, Montana
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~ iOT ARY PUBLIC for the Slate 01 Montana
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RIJ5idi~9 al B02ema~, Monta~a gOO
My Commi$slon expires July 6. 1