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HomeMy WebLinkAboutResolution 2962 Intent to annex 1 acre, between West Lincoln and Willow Way - McKenzie ~"~..'1": COMMISSION RESOLUTION NO. 2962 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 William David and Elizabeth Y. McKenzie, owners of the entire tract sought to be annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land lying along the south side of West Lincoln Street, within the boundaries of the City of Bozeman, Montana; and WHEREAS, the legal description of this contiguous tract, which is generally bounded by West Lincoln Street on the north side and Willow Way on the east, in the County of Gallatin, State of Montana, is as follows: A tract of land situated in the Southwest one-quarter of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and more particularly described as follows: Beginning at the North 1/16 corner of the SE ~ of Section 13, thence South 0033' West on and along the center line of Willow Way, a distance of 227.14 feet to a spike nail found in place; thence North 89055'16" West a distance of 169.00 feet; thence North 0033' East a distance of 169.00 feet to the point of beginning, according to survey recorded in Film 16, Page 1282, records of Gallatin County, Montana; and WHEREAS, this tract contains 1.0 acre of land; 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 December 6, 1993; 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 tracts 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 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 the 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 4th day of April 1994, 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 parcels of land to be embraced within the corporate limits and boundaries of the City of Bozeman, at least once a week for two successive weeks. - 2 - 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, that comments will be received at the time and place designated in Section 2 above, and that for a period of twenty days after the first publication of such notice, the Clerk of the City Commission will receive expressions, in writing, 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. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of March 1994. ATTEST: r2tc4J ~ 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 7th day of March 1994, Commission Resolution No. 2962 was duly and regularly passed and adopted. Said Resolution is entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 William David and Elizabeth Y. McKenzie, bounded by West Lincoln Street on the north and Willow Way on the east, in the County of Gallatin, State of Montana, is as follows: A tract of land situated in the Southwest one-quarter of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and more particularly described as follows: Beginning at the North 1/16 corner of the SE % of Section 13, thence South 0033' West on and along the center line of Willow Way, a distance of 227.14 feet to a spike nail found in place; thence North 89055'16" West a distance of 169.00 feet; thence North 0033' East a distance of 169.00 feet to the point of beginning, according to survey recorded in Film 16, Page 1282, records of Gallatin County, Montana. 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. In addition, a public hearing shall be held on Monday, April 4, 1994, 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 8th day of March 1994. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, March 11, 1994 Friday, March 18, 1994 ._...~ .---- - -'. - - , ~ .. - ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2962 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 1.0 ACRE GENERALLY LOCATED ALONG THE SOUTH SIDE OF WEST LINCOLN STREET AND ALONG THE WEST SIDE OF WILLOW WAY IN THE COUNTY OF GALLATIN, STATE OF MONTANA !4Jn, 2rwc: ~Z/~d #/Z/1&:-7/1lllrj;JV& hereby acknowledge that on the ,;(sl1t.. day of March, 1994, they received a copy of said Notice and hereby waive any requirement for personal service of said Notice. And, further, that they presently reside in3-/1'7l:" 5t.l/C72 6vJcounty, State of Montana. DATED this ~ay of March 1994. uJjL~, ~~'AQ-t-. ~ ~~/K7~/fj m~ NOTARY PUBLIC STATE OF MONT ANA ) ~lttj : COUNTY OF '~i5(rtv--" ) On the --",30 day of March, 1994, before me, a Notary Public for the State of Montana. personally appeared '--;f.(:;/t.A~./ j) yJJs-ly<7~~ and !j L~l'tlL 4 '/!l~i5( 41'Y;' / . and known to me to be the persons whose names I (} ( are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. %:;c". Not~. Public fOJ1he State ot Montana Residing at Uo l2aJt?-<t,--I:utt, Montana My commission expi~es: q);6/tlt) . - ._.n._._____