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HomeMy WebLinkAboutResolution 2955 Intent to annex 28.759 acres for Bozeman School District 7, west of S. 3rd ---- -- -' -.-....----..... COMMISSION RESOLUTION NO. 2955 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 Bozeman School District No.7, owner 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 west of South Third Avenue and south of the existing city limits within the boundaries of the City of Bozeman, Montana; and WHEREAS, the legal description of this contiguous tract, which is generally bounded by South Third Avenue on the east, and vacant land on the west, north and south, in the County of Gallatin, State of Montana, is as follows: A tract of land located in the southwest one-quarter of the southeast one- quarter of Section 24, 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 is more particularly described as follows: Beginning at Corner No.1 of said parcel, which is identical with the south quarter corner of Section 24, and is marked with a marked sandstone post; thence, from Corner 1, North 00013'30" East along the west line of the southeast quarter of Section 24 a distance of 990.06 feet to Corner No.2, which is marked with a brass capped iron monument; thence, from Corner No.2, North 89037'13" East a distance of 1264.61 feet to Corner No.3, which is marked with a brass capped iron monument on the west right-of- way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence from Corner No.3, South 00008'05" West along the said west right-of- way line a distance of 990.04 feet to Corner No.4, which is marked with a brass capped iron monument on the south line of the southeast quarter of Section 24; from Corner No.4 the southeast corner of the southwest quarter of the southeast quarter of Section 24 which is marked with a county cast iron monument, bears North 89037'13" East a distance of 63.33 feet; thence from Corner No.4, South 89037'13" West along the south line of the southeast quarter of Section 24 a distance of 1266.17 feet to Corner No.1; and WHEREAS, this tract contains 28.759 acres; 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, all annexation staff report has been prepared and submitted to the Commission; and --..--.--..-- -..--...-- ._.__.__.___n ..___.___...".. 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 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 21 st day of March 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 - 2 - ~ .~ --- ..--.-.----- 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 22nd day of February 1994. ~~M\~ J VINCENT \ May r ATTEST: r2k ;/~ ; ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: . t- - 3 - ----- '.'~~'-. -- -------. . -.-. ".--- -------.----... --- NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 22nd day of February 1994, Commission Resolution No. 2955 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 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 28.759 acres of real property proposed for annexation by Bozeman School District No.7 is bounded on the east by South Third Avenue and vacant undeveloped land on the west, north and south, in the County of Gallatin, State of Montana, is as follows: A tract of land located in the southwest one-quarter of the southeast one- quarter of Section 24, 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 is more particularly described as follows: Beginning af'Corner No.1 of said parcel, which is identical with the south quarter corner; of Section 24, and is marked with a marked sandstone post; thence, from Corner 1, North 00013'30" East along the west line of the southeast quarter of Section 24 a distance of 990.06 feet to Corner No.2, which is marked with a brass capped iron monument; thence, from Corner No. 2, North 89037'13" East a distance of 1264.61 feet to Corner No.3, which is marked with a brass capped iron monument on the west right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence from Corner No.3, South 00008'05" West along the said west right-of-way line a distance of 990.04 feet to Corner No.4, which is marked with a brass capped iron monument on the south line of the southeast quarter of Section 24; from Corner No.4 the southeast corner of the southwest quarter of the southeast quarter of Section 24 which is marked with a county cast iron monument, bears North 89037' 13" East a distance of 63.33 feet; thence from Corner No. 4, South 89037'13" West along the south line of the southeast quarter of Section 24 a distance of 1266.17 feet to Corner No.1. 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, March 21, 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 23rd day of February 1994. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, February 25, 1994 Friday, March 4, 1994 -. - - .."...".. ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2955 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 28.759 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF SOUTH THIRD AVENUE, SOUTH OF THE EXISTING CITY LIMITS IN THE COUNTY OF GALLATIN, STATE OF MONTANA .j. {1!A1 ~ J.1 c ~ 1 ti&2ft... , OlN~~;LS ~P(l.J'=i~A11Jf.cJr School District No.7, I Sr M~ult{~ does hereby aCknowledge that on the - day of ~ry, 94, (s)he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that (s)he presently resides in Gallatin County, State of Montana. DATED this I 'l!- day of ~~ NOTARY PUBLIC STATE OF MONTANA ) COUNTY OF GALLATIN) MARCH On the 1ST day of F~.bfuary, 1994, before me, a Notary Public for the State of Montana, personally appeared J. CRAIG MCVICKER , the OWNER IS REPRESENTATIVE for School District No.7, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that (s)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. ~ ~ ~. J~. .. otary Public for the State of Montana Residing at Bozeman, Montana My commission expires: 7/14/94 .--..--..-.-...- ,...-