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HomeMy WebLinkAboutResolution 3750 Annex Loterbauer tract .---- , ~ COMMISSION RESOLUTION NO. 3750 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from Edward L. and LeEtta L. Loterbauer, owners of the tract to be annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land lying along the south side of West Babcock Street and east side of Fowler Avenue, in the County of Gallatin, State of Montana; 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 June 24, 2002; and WHEREAS, Commission Resolution No. 3530 was adopted by the City Commission on September 3, 2002, 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. 3530 was duly noticed and opened on September 3, 2002; and WHEREAS, no objections to said annexation were raised at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on September 3, 2002, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the annexation of this tract in accordance with Commission Resolution No. 3530; and WHEREAS, the provision of available 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 as described is the subject of a written agreement between the City and Edward L. and LeEtta L. Loterbauer, record owners of said tract; and WHEREAS, subsequent to the adoption of Commission Resolution No. 3530, the record owners granted a portion of the tract to the City of Bozeman; and WHEREAS, the City has agreed to the annexation; and WHEREAS, said contiguous 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, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. 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 ..---:J!J I 1111111111111111111111 III 1111111111111 III 11I1I 1111 I11I ~~t3~r~~~R ~ Shelley Vanoe-Gallatln Co MT MISC 18.111111 ..--...---.-. --..-...---. _.. .... ._. _n_. u_ -.----..---.,.-- _____.....__...."...u .__..._... ........_. . to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 0.275:t acres of land, to wit: Tract 1 of the Van Horn Subdivision lying in the Northwest Corner of the West Y:1, West Y:1 of Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, and being 0.275:t acres more or less along with and subject to any and all existing easements. Section 2 The effective date of this annexation is November 22, 2004. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated August 24, 2004, by and between the City of Bozeman and Edward L. and LeEtta L. Loterbauer. PASSED AND ADOPTED by the City Commission 0 the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of Novemb 20 - APPROVED AS TO FORM: ----;; ~c Pt-R. TIMOTHY A. OFf>ER Acting City Attorney 111111\ H~IIIIIIIIIIIIIIIIIIIIIII~IIIIII HIli 1111 1111 ~~;?~r~~~, Shelley Vanoe-Gallatin Co MT MISC 18.00 - 2 - . , . LOTERBAUER ANNEXATION MAP VAN HORN SUBDIVISION TRACT 1 IN I NW COR OF WII2 Wl/2 SEC 11 T2S R5E P.M.M. 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