HomeMy WebLinkAboutResolution 3750 Annex Loterbauer tract
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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
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Shelley Vanoe-Gallatln Co MT MISC 18.111111
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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
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APPROVED AS TO FORM:
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TIMOTHY A. OFf>ER
Acting City Attorney
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Shelley Vanoe-Gallatin Co MT MISC 18.00
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LOTERBAUER ANNEXATION MAP
VAN HORN SUBDIVISION TRACT 1 IN
I NW COR OF WII2 Wl/2 SEC 11 T2S R5E
P.M.M. GALLATIN COUNTY, MONTANA
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