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HomeMy WebLinkAboutResolution 2925 Annexing West Babcock - HRDC for Francis "' -..- - - - ------..-----. .--.,. --.--.-- ...........- . , COMMISSION RESOLUTION NO. 2925 FIlM 137 PACE3566 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 WEST BABCOCK ANNEXATION AND HEREIN MORE PARTICULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from the Human Resource Development Council on behalf of Richard and Ann Francis, owners of the entire tract, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include this contiguous tract of land within the boundaries of the City of Bozeman; 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 14, 1992; and WHEREAS, Commission Resolution No. 2900 was adopted by the City Commission on December 21, 1992, 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. 2900 was duly noticed and opened on January 19 and closed on February 1, 1993; and WHEREAS, the City did not receive any written protest from the resident "" freeholders of the territory to be annexed, nor was any objection to said annexation raised at the public hearing; and WHEREAS, on February 1, 1993, the Commission authorized and directed staff to prepare the necessary documents to annex this tract; 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 Richard and Ann Francis, record owners 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; and WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract hereinafter described to extend the -------- ~~.......' -.,..,- '-. ~ -,-- '.;:;::;. . ~ ,-- .. - - ~------=-,. -:::r>'~ ~~'.~.,,'.:""'.~ FILM 137 PACE3567 boundaries of the City of Bozeman so as to include said contiguous tract hereinafter described within the corporate limits of said City of Bozeman. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 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 located in the West half of the Northeast quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and being further described as follows: Beginning at the Southeast corner of the West half of the West half of the Northeast quarter of Section 11, Township 2 South, Range 5 East, M.P.M., thence East 20 rods; thence North 80 rods; thence West 20 rods; thence South 80 rods, to the place of beginning, containing ten (10) acres, less thirty feet off of the entire south end of said tract for highway, which is the extension of West Babcock Street, together with all water, water rights, water ditches, water privileges and all other rights appurtenant thereto, located in the County of Gallatin State of Montana. . Section 2 t The annexation of the above-described tract is subject to the terms of the Agreement dated June 8, 1993, by and between the City of Bozeman and Richard and Ann Francis. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of July, 1993, and effective the 2nd day of September 1993. APP~~D AS"TO} FORM: ~ . ~ , .~. .. .~..,<,. ~' "I I" ,.' .' ",;,...; ,t.. .(.~~~,,~,'.:', ". . ,.", ,. , Q ../ ' .~ ','~ > ,,' -1 ,I' / '" - 2 - --.-,.--..---.. -,.. ,- - ---- . ,.. '. ' ,. ._._.~, - .".',- un. ... ....,....... __ .__.._ '_..,.__~~~_'~'I ._.~,..". ,..,.. n_~_' .._ ..._..._-".~,--"... '~'."'"'-~-' ~ \ EXI-IIBIT " A" . ANNEXATION filM 137 PACE3568 WEST BABCOCK I-IOUSING PROJECT S89'16'OS"W 330.02' -"- -.~.,~---~.. --- I SCALE: I" ='00' ~ i~ "~',,'.._-- -~~,- i~ -~,- ~-~-- - - N ~ N LEGAL DESCRIPTION r-- r-- WEST BABCOCK SUBDIVISION f") -pj---.--- f") f") f") - ~ .-- .~.- -~-~ ~ A tract of land in the W 1/2 of the NE 1/4 of Section 11, MENDENHALL Township 2 South, Range 5 East, P.M.M., Gallatin County, . ---~ Montana, and more particularly described as follows: .~,'-"" --..'... &- Beginning at the sou theast corner of the W 1/2 - W 1/2 - z NE 1/4 of said Section 11; 0 Uj & Thence along the east line of the S 1/2 - E 1/2 - W 1/2 5 SW 1/4 - NE 1/4 and the east line of Egbert Subdivision, CI ~ Gallatin Coun ty, Man tano, N 0"53' 41" E, a distance of CD .~""- :::J -~~~ 1337_21 feet; ifJ Thence the south line of the W 1/2 - E 1/2 - NW 1/4 - I- ft: f-.., NE 1/4, N 89'16'05" E, 0 distance of 330,02 feet; w ---~0- Thence along the west line af the E 1/2 - E 1/2 - SW 1/4 - co C~ ~ NE 1/4, S 0'53'41" W, a distance of 1337.21 feet to the 1.1J E-W centerline of said Section 11; Thence along said E- W centerline S 89'IS'05" W, a distance - of 330.02 feet to the point of beginning; Less the south 30.00 feet; Said tract contains 9.90 acres, more or less, ond is subject to all easements of record. }1l 3: . .:;t :;;: f") h If) If) 0 0 0 0 z -~,..~-_. VJ . 275253 ...otMontana~ County of GaHatin as. flied NOVEMBER 12 , 19 93 st 3:20 PM., and Recorded In book 137 fJf MJ;SCELLANEOUS Psg" 3566 - She" II a.n County Clertc & Rwo,dt,r. By G^^l'O ~N~~ , P.O.B. -~._--".,~ ~--_. --------- CrN 1m ~..ee $- 24. 00 SECt10N " ----^'r~ <>----~ N89'16'OS"E 330.02' RT: CITY OF BOZEMAN BABCOCK IJWC:' D!':r~""\'1I"ft"I'."'WC --. -.,.-".-..- -.-