HomeMy WebLinkAboutResolution 2822 Intent to annex Westlake/Martinen, 6.569 acres
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COMMISSION RESOLUTION
NO. 2822
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 A TRACT
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 TRACT WITH-
IN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City
of Bozeman a written application from Gene Cook on behalf of George Westlake
and Kay Martinen, owners of the entire tract sought to be annexed herein, re-
questing 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 tract, which is
bounded in pa rt by North 7th Avenue on the west, Baxter Road extended on
the north and West Oak Street on the south, in the County of Gallatin, State of
Montana, is as follows:
A tract of land situated in 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 83005'13" W a distance of 525.38
feet from the East 1/4 corner of Section 1 , T2S,
R5E, P.M.M.,
said point also being on the northerly right-of-way line of West
Oak Street; thence from said true point of beginning along said
right-of-way line N 88000'00" W
a distance of 593.07 feet to a
point on the easterly line of Westlake's Annexation; thence along
said line N 01016130" E a distance of 456.16 feet to a point on the
southerly right-of-way line of Baxter Lane; thence along said line
S 88043'30" E a distance of 369.32 feet and N 01016'30" E a dis-
tance of 60.00 feet; thence S
88043'30" E a distance of 223.71
feet; thence S 01016'30" W a distance of 523.67 feet to the be-
ginning point.
Said parcel being 6.569 acres.
WHEREAS, the above-described tract is 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
the Commission on December 31, 1990; 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
tract and other
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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 herein-
before described to extend the boundaries of the City of Bozeman so as to in-
clude said contiguous tract hereinbefore described within the corporate I imits of
said City of Bozeman.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Bozeman, Montana:
Sect ion 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
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
tract hereinbefore described within the boundaries and corporate
limits of the
City of Bozeman, Montana.
Sect ion 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 4th day of February 1991 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 un-
der contracts for deed of the property in said contiguous
tracts to be annexed; and
b. Cause a not ice
to be published in the Bozeman Daily
Chronicle, the newspaper nearest the parcels of land to be
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embraced within the corporate I imits and boundaries of the
City of Bozeman, at least once a week for two successive
wee ks .
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 1/ 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
7th day of January 1991.
R
ATTEST:
~~Jt~
Clerk of the Commission
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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 31 st day of December
1990, Commission
Resolution No. 2822 was duly and regularly passed and adopted. Said Resolu-
tion 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 A
TRACT OF LAND CO NT I GUOUS TO
SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE-
SCRI BED, TO EXTEND
THE BOUNDARIES OF SAID CITY
OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITH-
IN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation by Gene Cook on behalf of
George Westlake and Kay Martinen is bounded in part by North 7th Avenue on
the west, Baxter Road extended
on the north and West Oak
Street on the
south, in the County of Gallatin, State of Montana, is as follows:
A tract of land situated in 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 83005'13" W a distance of 525.38
feet from the East 1/4 corner of Section 1 ,
T2S, R5E, P.M.M. ,
said point also being on the northerly right-of-way line of West
Oak Street; thence from said true point of beginning along said
right-of-way line N 88000'00"
W a distance of 593.07 feet to a
point on the easterly line of Westlake's Annexation; thence along
said line N 01016'30" E a distance of 456.16 feet to a point on the
southerly right-of-way line of Baxter Lane; thence along said line
S 88043'30" E a distance of 369.32 feet and N 01016'30" E a dis-
tance of 60.00 feet; thence S 88043'30"
E a distance of 223.71
feet; thence S 01016'30" W a distance of 523.67 feet to the be-
ginning point.
!':
Said parcel being 6.569 acres.
.
For a period of twenty (20) days following the first publication of this
Notice the Clerk of the Commission wi II 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 tract proposed to be annexed.
In addition, a public hearing
shall be held on Monday, February
4,
1991, 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.
DA TED this 7th day of January 1991.
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,
ROBIN L. SULLIVAN
t
Clerk of the Commission
Publ ish: Friday, January 11, 1991
Friday, January 18, 1991
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