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HomeMy WebLinkAboutResolution 2693 Levying and assessing SID 652, for improvements in district: 4-25-88 -:'.~ '. . .. .. ----- COMMISSION RESOLUTION NO, 2693 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 652 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 652. WHEREAS, the City Commission of the City of Bozeman, did on the 23rd day of June 1986, duly and regularly pass Commission Resolution No. 2613 entitled: COMMISSION RESOLUTION NO. 2613 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PURPOSE OF ACCOMPLISH ING THE ENGI NEERING DESIGN, CON- STRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTI- FICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, SANITARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN GRAF'S SECOND SUBDIVISION. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 15th day of September 1986, du Iy pass Commission Resolution No. 2637 enti- tled: COMMISSION RESOLUTION NO. 2637 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PUR- POSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, SANI- TARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY AP- PURTENANCES TO SERVE PARTICULAR PROPERTIES WITH IN GRAF'S SECOND SUBDIVISION. WHEREAS, the City Commission of the City of Bozeman, did on the 8th day of June 1987, duly and regularly pass Commission Resolution No. 2657 entitled: COMMISSION RESOLUTION NO. 2657 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO RE-CREATE SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, SANITARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN GRAF'S SECOND SUBDIVISION. and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did on the 27th day of July 1987, duly pass Commission Resolution No. 2664 entitled: COMMISSION RESOLUTION NO. 2664 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RE-CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 652 FOR THE PUR- POSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, -~--,-------- , --. . - 2 - SANITARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITH IN CRAPS SECOND SUBDIVISION. which Commission Resolution Nos. 2657 and 2664, passed as aforesaid, are hereby refer- red to and made a part of this resolution for further particulars in respect to the boundaries of said district, the character of improvement to be constructed therein, the preliminary cost of said improvements, based upon the amount of the bond issue, and the method of assessing the cost against the property within said district; and WHEREAS, said improvements as contemplated in said Commission Resolution Nos. 2657 and 2664 are being constructed and completed in accordance with the terms and con- ditions of Commission Resolution Nos. 2657 and 2664 and the preliminary estimate of the costs of said improvements, based upon the amount of the bond issue, is the sum of Four Hundred Sixty-Two Thousand Dollars ($462,000.00). NOW, THEREFORE, pursuant to the provisions of Section 7-12-4201 and Section 7-12-4223, and all other applicable provisions of Title 7, Montana Code Annotated, and amendments thereto: BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA Section 1. That to defray the preliminary cost and expense of constructing and making the improvements in said Special Improvement District No. 652, there be, and there is hereby levied and assessed a tax amounting to the sum of Four Hundred Sixty- Two Thousand Dollars ($462,000.00) upon all the property in said Special Improvement District No. 652, and that a particular description of each lot and parcel of land with the name of the owner and the sum assessed against him or it for such improvements and the amount of each partial payment to be made and the day when the same shall be delinquent is set forth in detail in the assessment list hereto attached, marked Schedule IIA,II and made a part hereof; that the several sums set opposite the names of the owners and the described lots and parcels of land be, and the same are hereby respectively levied and assessed upon and against said described lots and parcels of land to defray the prelim- inary cost and expense, based upon the amount of the bond issue, of constructing and making the improvements within said District; that the several sums so assessed be col- lected from the respective owners of said lots and parcels of land described in said as- sessment list, Schedule II A, II as required by law; that the payment of said sums shall be made in semi-annual installments and the payment of said installments shall extend over a period of 19 years; that the payment of the respective semi-annual installments shall be made on or before the 31 st day of May and the 30th day of November of each year until payment of all installments, together with the interest thereon, shall be made; that said . ___... __..___.____.___.._ _.... ___ .__.n___.._.__ .~_.._-,-,--_..,- .. -. .-.---..- - - . " - 3 - sums shall be paid and the collection thereof shall be made in the manner and in accor- dance with the law governing the collection of special improvement taxes; that fai lure to pay such assessments when the same become due and payable shall make such persons and said lots and parcels of land liable to the penalties provided by law relative to de- I inquent taxes. Section 2. That the regular session of the Commission of the City of Bozeman to be held in the Commission Room in the City Hall of said City on the 25th day of April 1988, at 7: 00 o'clock p. m., be, and the same is hereby designated as the time and place at which objections to the final adoption of this Resolution will be heard by said Commis~ sion. Section 3. That the Clerk of the Commission of the City of Bozeman be, and she is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily news- paper printed and published in the said City of Bozeman, a notice signed by the Clerk of the Commission and stating that a Resolution levying and assessing a special assessment of taxes to defray the preliminary cost and expense, based upon the amount of the bond issue, of constructing and making the improvements in the said Special Improvement Dis- trict No. 652 is on file in the office of the Clerk of the Commission subject to inspection for a period of ten (10) days; that said Notice shall state the time and place at which ob- jections will be heard by the Commission for the final adoption of this Resolution; that said notice shall be published at least ten (10) days before the day set by the Commission for the hearing of objections and the final adoption of this Resolution; and that said notice shall also be mailed to the address determined from the last completed assessment roll for state, county and school district taxes of each owner of each lot, tract or parcel of land to be assessed and to such other persons known to the Clerk to have an ownership interest in the property. Provisionally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 11 th day of April 1988. ATTEST: ~.~~ Clerk of the City Commission - ., ... - 4 - Finally passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 25th day of April 1988. ATTEST: ~~~ R~. ci~ Clerk of the City Commission APPROVED AS TO FORM: ~ ;,) ~/ '- ", ,/ - ,~ ___~_n-l/ ,,/ -(~-- . , City Attorney r \ . ... . - ---.....-..---..-- --- __ .___.___." _____.u___ . . *'. . ~ NOTICE HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2693, LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 652, CITY OF BOZEMAN FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERI NG DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAINAGE, SANITARY SEWER MAINS, WATER MAINS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PAR- TICULAR PROPERTIES WITHIN GRAF'S SECOND SUBDIVISION. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman, held on the 11th day of April 1988, Commission Resolution 2693 was pro- visionally passed and adopted; that said Commission Resolution levies and assesses against Special Improvement District No. 652, in said City, a preliminary amount based upon the bond issue established for said district, and further to provide for the cost and expense of making improvements within said District, to wit: The boundaries of said Special Improvement District No. 652 are described as follows: Description A tract of land being a portion of Block B, and all of Lots 22 through 25, 27 through 32, and 34 through 39 of Grafls Second Subdivision, and Lots 8, 9, and 10, Block 1, and Lot 7, Block 3 of Amended Block A of Grafls Second Subdivision, all situated in the SE 1/4 of Section 18, T.2S., R.6E., P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is N89045'00W a distance of 66.62 feet, and NOOo01'00"W a distance of 60.00 feet from the southeast corner of said Section 18, T .25, R.6E., P.M.M., said point also being on the northerly right-of-way line of Kagy Boulevard; thence from said point of beginning along said right-of-way line N80048'20''W a distance of 178.72 feet, N88055'36"W a distance of 143.60 feet, N52035'00"W a distance of 211.97 feet to a point on the easterly line of Lot 18, Graf's Second Subdivision; thence along said line NOOo02'35"E a distance of 64.98 feet to a point on the southerly right-of-way of Lomas Drive; thence along said right-of-way N89057'25"W a distance of 109.06 feet to the point of curvature of a circu- lar curve; thence along a curve to the right with a radius of 388.10 feet a distance of 299.33 feet to the southeasterly corner of said Lot 22, thence along the southeasterly line of said Lot 22 S65014'08"W a distance of 131.60 feet, thence along the westerly line of said Lots 22 through 25, N28057'52"Wa distance of 147.60 feet, N21023'52"W a distance of 103.00 feet, N05020'08"E a distance of 144.10 feet, S87024'08"W a distance of 103.80 feet, along a 209.00 foot radius curve to the left, the tangent of which bears N19022'38"E for a distance of 83.35 feet; thence along the northerly line of said Lot 25 N69031'08"E a distance of 168.80 feet to a point on the westerly right-of-way line of said Lomas Drive; thence along said westerly right-of-way line N20018'52''W a distance of 27.66 feet; thence crossing Lomas Drive, along the northerly line of said Lot 32, and crossing Knaab Drive, N62025'08"E a distance of 259.67 feet, to a point on the easterly right-of-way line of said Knaab Drive; thence along said easterly right-of-way line S28029'52''E a distance of 28.83 feet to the northwesterly corner of said Lot 39; thence along northerly line of said Lot 39 N61033'OO"E a distance of 125.41 feet to the northeasterly corner of said Lot 39; thence along the easterly line of said Lot 39 S48024'52"E a distance of 102.10 feet, S16054'52"E a distance of 55.00 feet to the northeasterly corner of said Lot 38 and the westerly boundary of Amended Block A of Grafls Second Subdivision; thence along said westerly boundary of Amended Block A of Graf's Second Subdivision S14027'52"E a distance of 287.45 feet, S21036'04"E a distance of 79.93 feet, S46047'29"E a distance of 87.04 feet to the northwest corner of Lot 10, Block 1 of Amended Block A of Graf's Second Subdivision; thence ......-....----...".----- , . ,;. . . . . . \ - 2 - along the northerly line of said Lots 8, 9 and 10, Block 1 of said sub- division N89059'00"E a distance of 145.16 feet, SOOoOlIOO"E a distance of 65.11 feet, N89059'001lE a distance of 99.90 feet to a point on the westerly right-of-way line of Chambers Drive; thence N83018'02"E a distance of 60.41 feet to a point on the easterly right-of-way line of Chambers Drive, said point also being the northwesterly corner of said Lot 7, Block 3 of Amended Block A of Grafls Second Subdivision; thence along the nor- therly line of said Lot 7 N89059'00"E a distance of 110.27 feet to a point on the westerly right-of-way line of Highland Boulevard; thence along said line SOOoOlIOO"E a distance of 374.86 feet to the point of beginning. That said Commission Resolution No. 2693 is now on file in the office of the Clerk of the City Commission, subject to inspection for a period of ten (10) days by any per- sons interested. That Monday, the 25th day of Apri I 1988, at 7: 00 o'clock p. m. of said day, at a regular session of the Commission of the City of Bozeman, at the Commission Room in the City Hall Building of said City has been designated as the time and place where the said Commission will hear and pass upon any and all objections that may be made to the final adoption of said Commission Resolution No. 2693, and the levying of a said prel iminary assessment, based upon the amount of the bond issue, and that said Resolution will finally be passed and adopted at the said regular session. All persons interested are referred to Commission Resolution No. 2657, declaring it to be the intention of the Commission to re-create Special Improvement District No. 652, and Commission Resolution No. 2664, re-creating Special Improvement District No. 652, for the purpose of accomplishing the engineering design, construction, installation, inspection and engineering certification of streets, curb and gutter, sidewalks, storm drainage, san- itary sewer mains, water mains and all other necessary appurtenances to serve particular properties within Grafls Second Subdivision. . " Dated the 11 th day of Apri I 1988. ~Lc?:u~ Clerk of the City Commission PUBLISH: Thursday, April 14, 1988 . - .-..-..-.- ~_. -- - -. .. --., '-,..~-- - ____...'''''._..... . n_. _"..._._.... ". . . . , , MAlLING LIST COMMISSION RESOLUTION NO. 2693 LEVYING AND ASSESSING SID NO. 652 Graf's 2nd Sub. Lot 22 Dennis E. and Mary L. Hoeger 415 Henderson Bozeman, MT 59715 23 & 24 Richard S. and Roberta H. Ogle 210 East Lincoln Bozeman, MT 59715 25 American Land Title Company P.O. Box 396 Bozeman, MT 59715 27, 29, 30 Estate of Gene Graf, Jr. c/o Gene Graf P.O. Box 906 Bozeman, MT 59715 28 & 31 Yvonne Graf Jarrett 3309 Sundance Drive Bozeman, MT 59715 32 James C. and Denice Z. Schilling 2410 Langohr Bozeman, MT 59715 34 Donna M. Spain 105 Heritage Bozeman, MT 59715 35 & 36 Peter J., M.D. and Judith H. Townes 102 Silverwood Drive Bozeman, MT 59715 37 & 38 Dennis A. and Michelle J. Cat tin 1404 South Montana Bozeman, MT 59715 39 William J., M.D. and Patricia M. Peters 1917 Baxter Drive Bozeman, MT 59715 7/3 Highlands Development, Inc. Amended Block A James R. Syth & Thomas Wood 115 W. Kagy Boulevard Bozeman, MT 59715 8/1, 9/1 Culoris & Seller, Inc. Amended Block A P.O. Box 906 All Block B Bozeman, MT 59715 10/1 William L. and Byrdeen M. Warwood Amended Block A 1101 East Babcock Bozeman, MT 59715 Contract Purchaser Robert G. Davis Lots 4 & 5, P.O. Box 906 Amended Block B Bozeman, MT 59715 -.--- -~--