HomeMy WebLinkAboutResolution 2730 Intent to annex MT Fish, Wildlife & Parks: 11-21-88
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COMMISSION RESOLUTION NO. 2730
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 TRACTS OF LAND CONTIGUOUS TO SAID
CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE-
SCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS
WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there have been presented to the City Commission of the City
of Bozeman a written appl ication from the State of Montana Department of Fish,
Wildlife and Parks requesting the City Commission to extend the boundaries of
the City of Bozeman so as to include certain contiguous tracts of land within
the boundaries of the City of Bozeman; and
WHEREAS, the proper legal description of the contiguous tracts, which
are bounded in part by U. S. Highway 191 on the south, Valley Unit Subdivision
on the west, the Main Mall and Montana Woolen Shop on the east, and West
Babcock Annexation on the north, in the County of Gallatin, State of Montana,
are as follows:
Two tracts of land in the south one-half, southwest one-quarter,
Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, more
particularly described as follows:
The first tract begins at a point on the south line of the said S
1/2, SW 1/4, Section 11, which said point is easterly 33.0 feet
from the southwest corner of the said Section 11; thence from the
said point of beginning northerly 1320.0 feet, more or less, along
a line parallel and 33 feet easterly when measured at right angles
from the west line of the said Section 11, to a point on the north
line of said S 1/2, SW 1/4, Section 11; thence easterly 710.0 feet
along the said north line of the S 1/2, SW 1/4, Section 11 to a
point; thence southerly 1320.0 feet, more or less, along a line
parallel to the said west line of Section 11, to a point on the said
south line of the S 1/2, SW 1/4, Section 11; thence westerly
710.0 feet along the said south line of the S 1/2, SW 1/4, Section
11 to the said point of beginning, which includes 0.49 acres,
more or less, which constitutes part of the acreage in use as a
public highway, gross acreage 21.52 acres, highway acreage 0.49
acres.
The second tract begins at the SW corner of the SW 1/4 of said
Section 11; thence running east 2 rods; thence north 160 rods;
thence west 2 rods to the NW corner of said SW 1/4 of said
Section 11; thence south along the west line of said section, a
distance of 160 rods to the place of beginning, including in all
2.0 acres.
WHEREAS, the above-described tracts are the subject of a plat(s) or Cer-
tificate(s) of Survey, filed in the office of the Gallatin County Clerk and Re-
corder's Office; and
WHEREAS, an annexation staff report has been prepared in accordance
with the Commission's goals and policies for annexation and was presented to
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the Commission on November 21, 1988; and
WHEREAS. the provision of services including, but not limited to, rights
of way. easements, water rights or cash in lieu, waivers of protest against cre-
ation of SI Dls and water and sewer hookup fees, to said contiguous tracts will
be the subject of a mutual agreement between the City and the freeholders of
the tracts; 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 tracts herein-
before described to extend the boundaries of the City of Bozeman so as to in-
clude said contiguous tracts hereinbefore 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, subject to the condition that the provision of
the services to the contiguous tracts hereinbefore described will be the subject
of a mutual agreement between the City of Bozeman and the freeholders of the
tracts. that it is in the best interests of the City of Bozeman and the inhabi-
tants thereof and of the inhabitants of said contiguous tracts that the boun-
daries of the said City of Bozeman be extended so as to include the contiguous
tracts 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. Mon-
tana, to be held in the Commission Room in the Municipal Building of said City
on the 19th day of December 1988 at 7: 00 p. m. and the same is hereby desig-
nated 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 Sections 7-2-4312 and 7-2-4405, M.C.A., the Clerk of the
City Commission shall:
a. I mmediately notify in writing. addressed to the address to which
tax notices are sent, all owners and purchasers under contracts
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for deed of the property in said contiguous tracts 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
wi II 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, such
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 Boze-
man 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 and stated session of said City Commission, held on the
21 st day of November 1988.
ATTEST:
rGc.~~
Clerk of the Commission
City Attorney
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission
of the City of Bozeman held on the 21 st day of November 1988, Commission
Resolution No. 2730 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 INHABITANTS THEREOF AND
THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID
CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE-
SCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS
WITHIN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation by the State of Montana
_. Department of Fish, Wildlife and Parks is bounded in part by U. S. Highway 191
on the south, Valley Unit Subdivision on the west, the Main Mall and Montana
Woolen Shop on the east, and West Babcock Annexation on the north, in the
County of Gallatin, State of Montana, are as follows:
Two tracts of land in the south one-half, southwest one-quarter,
Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, more
particularly described as follows:
The first tract begins at a point on the south line of the said S
1/2, SW 1/4, Section 11, which said point is easterly 33.0 feet
from the southwest corner of the said Section 11; thence from the
said point of beginning northerly 1320.0 feet, more or less, along
a line parallel and 33 feet easterly when measured at right angles
from the west line of the said Section 11, to a point on the north
I ine of said S 1/2, SW 1/4, Section 11; thence easterly 71 0.0 feet
along the said north line of the S 1/2, SW 1/4, Section 11 to a
point; thence southerly 1320.0 feet, more or less, along a line
parallel to the said west line of Section 11, to a point on the said
south line of the 5 1/2, SW 1/4, Section 11; thence westerly
710.0 feet along the said south line of the S 1/2, SW 1/4, Section
11 to the said point of beginning, which includes 0.49 acres,
more or less, which constitutes part of the acreage in use as a
publ ic highway, gross acreage 21.52 acres, highway acreage 0.49
acres.
The second tract begins at the SW corner of the SW 1/4 of said
Section 11; thence running east 2 rods; thence north 160 rods;
thence west 2 rods to the NW corner of said SW 1/4 of said
Section 11; thence south along the west line of said section, a
distance of 160 rods to the place of beginning, including in all
2.0 acres.
For a period of twenty (20) days following the first publication of this
Notice the Clerk of the Commission will receive expressions, in writing, of ap-
proval or disapproval of the proposed extension of the boundaries of the City
of Bozeman from the freeholders of the tracts proposed to be annexed.
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