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HomeMy WebLinkAboutResolution 2961 Intent to annex 0.48 acres - Smiley/Wentzel: COMMISSION RESOLUTION NO. 2961 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. WHEREAS, there has been presented to the City Commission of the City of Bozeman a written application from Susan J. Smiley and Steven Wenzel, 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 Babcock 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 Babcock Street north and the Volz/Wallin Annexation on the south, in the County of Gallatin, State of Montana, is as follows: Two tracts of land situated in the Southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and more particularly described as follows: Parcel 1 A tract of land in the Southeast Quarter (SE %) of Section Eleven (11), Township Two (2) South, Range Five (5) East, M.P.M. in Gallatin County, Montana as recorded on page 538 of Volume 144 of the Deed Records in the records of the County Clerk and Recorder, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the North line of the said Southeast Quarter of Section Eleven (11), said point being North 89015' East a distance of 410.4 feet along said North line from the interior quarter corner of said Section, and South 89015' West a distance of 2230.0 feet along said north line from the East Quarter corner of said section; thence from said point of beginning North 89015' East along said North line a distance of 85.0 feet to a point on the West line of the E% E% W% NW% SE~ of said section; thence South 0008' West along said West line a distance of 217.0 feet; thence South 89015' West a distance of 85.6 feet; thence North 0017' East a distance of 217.0 feet to the point of beginning. Said tract containing 0.425 acre. Parcel 2: A parcel of land containing 0.061 acre located in the Southeast One-quarter (SE%) of Section Eleven (11), Township Two (2) South, Range Five (5) East, Principal Meridian of Montana, in Gallatin County, Montana,and filed as Certificate of Survey No. 63 in the records of the County Clerk and Recorder, Gallatin County, Montana, and being more particularly described as follows: Beginning at the Southwest corner of that 0.425 acre tract shown on that plat dated 4 December 1963, and recorded on Page 538 of Volume 144 of the Deed Records of said County. This corner, which is identical with Corner No. 1 of the parcel described herein, is described on the plat of said 0.425 acre tract as bearing South 89015' East, 410.4 feet, and thence South 00017' West, 217.0 feet, from the interior quarter corner of said Section 11; thence, ...- from Corner No.1, which is marked with a steel stake, North 89015'00" East along the South line of that said 0.425 acre tract a distance of 85.60 feet to Corner No.2, which is identical with the southeast corner of said 0.425 acre tract, and is marked with a steel stake; thence, from Corner No.2, South 00008'00" West along the West line of that tract shown on that plat recorded on Page 209 of Volume 144 of the Deed Records of said County a distance of 31.00 feet to Corner No.3, which is marked with a red cedar fence post, and from which a steel stake witness corner bears South 89015'00" West a distance of 0.45 feet; thence, from Corner No.3, South 89015'00" West, a distance of 85.68 feet to Corner No.4, which is marked with a steel stake; thence, from Corner No.4, North 00017'00" East a distance of 31.00 feet to the point of beginning; and WHEREAS, this tract contains 0.48 acres 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 November 8, 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 1 994, at ~ 2 - -- ".- u__ ._.__._._ ..... 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. 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. ~~ - ~ J VINCENT, Mayor " ATTEST: r2t:J~ ROBIN L. SULLIVAN Clerk of the Commission - 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. 2961 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 INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The 0.48 acres of real property proposed for annexation by Susan J. Smiley and Steven Wenzel, is bounded by West Babcock Street on the north and the Volz/Wallin Annexation on the south, in the County of Gallatin, State of Montana, is as follows: Two tracts of land situated in the Southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and more particularly described as follows: Parcel 1 A tract of land in the Southeast Quarter (SE 14) of Section Eleven (11), Township Two (2) South, Range Five (5) East, M.P.M. in Gallatin County, Montana as recorded on page 538 of Volume 144 of the Deed Records in the records of the County Clerk and Recorder, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the North line of the said Southeast Quarter of Section Eleven (11), said point being North 89015' East a distance of 410.4 feet along said North line from the interior quarter corner of said Section, and South 89015' West a distance of 2230.0 feet along said north line from the East Quarter corner of said section; thence from said point of beginning North 89015' East along said North line a distance of 85.0 feet to a point on the West line of the E% E% W% NW14 SE% of said section; thence South 0008' West along said West line a distance of 217.0 feet; thence South 89015' West a distance of 85.6 feet; thence North 0017' East a distance of 217.0 feet to the point of beginning. Said tract containing 0.425 acre. Parcel 2: A parcel of land containing 0.061 acre located in the Southeast One-quarter (SE14) of Section Eleven (11), Township Two (2) South, Range Five (5) East, Principal Meridian of Montana, in Gallatin County, Montana,and filed as Certificate of Survey No. 63 in the records of the County Clerk and Recorder, Gallatin County, Montana, and being more particularly described as follows: Beginning at the Southwest corner of that 0.425 acre tract shown on that plat dated 4 December 1963, and recorded on Page 538 of Volume 144 of the Deed Records of said County. This corner, which is identical with Corner No. 1 of the parcel described herein, is described on the plat of said 0.425 acre tract as bearing South 89015' East, 410.4 feet, and thence South 00017' West, 217.0 feet, from the interior quarter corner of said Section 11; thence, from Corner No.1, which is marked with a steel stake, North 89015'00" East along the South line of that said 0.425 acre tract a distance of 85.60 feet to Corner No.2, which is identical with the southeast corner of said 0.425 acre tract, and is marked with a steel stake; thence, from Corner No.2, South 00008'00" West along the West line of that tract shown on that plat recorded on Page 209 of Volume 144 of the Deed Records of said County a distance of 31.00 feet to Corner No.3, which is marked with a red cedar fence post, - -...-.- -..-.., .--..-. and from which a steel stake witness corner bears South 89015'00" West a distance of 0.45 feet; thence, from Corner No.3, South 89015'00" West, a distance of 85.68 feet to Corner No.4, which is marked with a steel stake; thence, from Corner No.4, North 00017'00" East a distance of 31.00 feet 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. 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, 1 994 Friday, March 18, 1994 .---- ~:;; .. -.. "- . ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2961 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 0.48 ACRES GENERALLY LOCATED ALONG THE SOUTH SIDE OF WEST BABCOCK STREET AND ALONG THE NORTH SIDE OF THE VOLZIWALLlN ANNEXATION IN THE COUNTY OF GALLATIN, STATE OF MONTANA ~ W.v IJS(? / ~. =x::t n ,5711, I~'-I do .... ~Uen and hereby I acknowledge that on the 2- 2- 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 in Gallatin County, State of Montana. DATED this 2-'-/ day of March 1 994. :5~~ (L- .. . ._..l / ~i'/ J-- NOTARY PUBLlC. STATE OF MONTANA ) COUNTY OF GALLA TIN ) On the .:< c.j day of March, 1994, before me, a Notary Public for the State of C' wev13-e I Montana, personally appeared ~el.;en and 5t-!.~ ." 5r-n ; Ie ~J , 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. ~/~, . . ~.'~:- Notary Public for the State of Montana. ., - Residing at Bozeman, Montana .- .... My commission expires: j-/d"-7'6 -.____ ',. ---..