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HomeMy WebLinkAboutResolution 2896 Intent to annex 14.147 acres for Wal Mart - Westlake/Martinen ------:--:.-- ~._- -- _._~ --....-..- -.. ,,- -- ~ ~ COMMISSION RESOLUTION NO. 2896 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 Wal-Mart Stores, Inc., on behalf of George E. Westlake and Kay Martinen, 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 this contiguous tract of land within the boundaries of the City of Bozeman; and WHEREAS, the legal description of this contiguous tract, which is located south of Interstate 90, east of North 7th Avenue and north of West Oak Street, in the County of Gallatin, State of Montana, is as follows: A tract of land located within the Northeast one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and being further described as follows: Beginning at a point which is N 47043'55" W a distance of 69.65 feet from the east y... corner of said Section 1, said point also being the northerly right-of-way line of West Oak Street; thence from said true point of beginning along said right-of-way line N 87058'40" W a distance of 470.01 feet to the SE corner of the tract of land annexed to the City of Bozeman under Commission Resolution No. 2860; thence along the easterly and a portion of the northerly line of said annexation N 01016'30" E a distance of 523.00 feet to the NE corner of said annexation; thence along the northerly line of said tract N 88043'30" W a distance of 223.71 feet to a point of the east line of Westlake's 3rd Addition; thence along said line N 00056'43" E a distance of 562.55 feet to the NE corner of said tract, said point also being the southerly right-of- way line of Interstate 90; thence along said right-of-way line N 87000'01" E a distance of 231.18 feet and S 72016'02" E a distance of 486.31 feet; thence S 01 0 16'30" W a distance of 971.12 feet to the point of beginning. Said tract being 14.147 ares along with and subject to any existing easements. WHEREAS, this tract contains 14.147 acres of land; 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, 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 30, 1992; and WHEREAS, prior to annexation, an agreement between the City and the owner 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. 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 January 1993 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 tax notices are sent, all owners and purchasers under contract - 2 - _ __.n.._ -.-.-... .~.". . ....--.-.--...-.---. ---.-------...- -...--...--..-....- . 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 December 1992. ~~SO~~ ATTEST: ~ J J/rrz-- ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 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 December 1992, Commission Resolution No. 2896 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 real property proposed for annexation by Wal-Mart Stores, Inc., on behalf of George E. Westlake and Kay Martinen, owners of the subject parcel, is located south of Interstate 90, east of North 7th Avenue and north of West Oak Street, in the County of Gallatin, State of Montana; and the legal description is as follows: A tract of land located within the Northeast one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and being further described as follows: Beginning at a point which is N 47043'55" Wa distance of 69.65 feet from the east % corner of said Section 1, said point also being the northerly right-of-way line of West Oak Street; thence from said true point of beginning along said right- of-way line N 87058'40" Wa distance of 470.01 feet to the SE corner of the tract of land annexed to the City of Bozeman under Commission Resolution No. 2860; thence along the easterly and a portion of the northerly line of said annexation N 01016'30" E a distance of 523.00 feet to the NE corner of said annexation; thence along the northerly line of said tract N 88043'30" W a distance of 223.71 feet to a point of the east line of Westlake's 3rd Addition; thence along said line N 00056'43" E a distance of 562.55 feet to the NE corner of said tract, said point also being the southerly right-of-way line of Interstate 90; thence along said right-of-way line N 87000'01" E a distance of 231.18 feet and S 72016'02" E a distance of 486.31 feet; thence S 01016'30" W a distance of 971 .1 2 feet to the point of beginning. Said tract being 14.147 ares along with and subject to any existing easements. 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 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, January 4, 1993, at 7:00 p.m. in the Commission Room of the 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 7th day of December 1992. ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: Friday, December 11, 1992 Friday, December 18, 1992 ___..___ _.. ..._.___n_ .