HomeMy WebLinkAboutResolution 2515 Intent to annex Smith, 243.3811 acres
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COMMISSION RESOLUTION NO. 2515
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 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
Roger H. Smith and Rosalind I. Smith requesting the City
Commission to extend the boundaries of the City of Bozeman
so as to include a certain contiguous tract of land within
the boundaries of the City of Bozeman; and
WHEREAS, the proper legal description of the contiguous
tract, which is located north of Durston Road and west of
North 19th Avenue in the County of Gallatin, State of
Montana, is as follows:
A tract of land being the S. 1/2 N.E. 1/4 and
the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M,
Gallatin County, Montana, and being further
described as follows:
Beginning at the point which is the section corner
common to Sections 1, 2, 11 and 12, T.2S., R.5E.,
P.M.M.: thence from said point of beginning along
the section line common to said Sections 2 and 11
S 89012'34" W a distance of 2706.86 feet to the
1/4 corner common to said Sections 2 and 11;
thence along the N-S midsection line of Section 2
N 00039'52" W a distance of 2654.41 feet to the
center 1/4 corner of said Section 2; thence
continuing along said N-S line N 01028'43" E a
distance of 1334.17 feet to the W. 1/16 corner of
the N.E. 1/4 of Section 2; thence along the North
1/16 line of Section 2 N 89032'44" E a distance of
2642.85 feet to the North 1/16 corner of Sections
1 and 2; thence along the section line common to
Sections 1 and 2 SOlo 31'29" W a distance of
1326.08 feet to the 1/4 corner common to said
Sections 1 and 2; thence continuing along said
line S 02003'59" E a distance of 2647.68 feet to
the point of beginning. Said tract being 243.3811
acres.
WHEREAS, the above-described tract is or will be the
subject of a filed plat(s) or Certificate(s) of Survey prior
to annexation; 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
January 14, 1985; and
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WHEREAS, the provision of 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 will
be the subject of a mutual agreement between the City and
the freeholders of the tract; and
WHEREAS, it will be to the best interest 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 include the
said contiguous tract herein before described within the
corporate 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 services to the contiguous tract
herein before 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 interest 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 herein before 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 Chambers
in the Municipal Building of said City on the 19th
day of February , 1985, at 7 o'clock p.m. 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.
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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 contracts for
deed of the property in said contiguous
tracts; and
b. Cause a notice to be published in the Bozeman
Daily Chronicle, the newspaper nearest the
parcel 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, such City Clerk 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 and stated session of said
City Commission, held on the
28th day 0 f
January
1985.
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ATTEST:
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ROBIN L. SULLIVAN
CLERK OF THE CITY COMMISSION
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NOT ICE
NOTICE IS HEREBY GIVEN that at a regular session of the
Commission of the City of Bozeman held on the 28th day of
January 1985, Commission Resolution No. 2515 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 INHABITANTS THEREOF AND THE
INHABITANTS 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 is located
north of Durston Road and west of North 19th Avenue in the
County of Gallatin, State of Montana, and is known as the
Smith Annexation, and is more particularly described as
follows:
A tract of land being the S. 1/2 N.E. 1/4 and
the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M,
Gallatin County, Montana, and being further
described as follows:
Beginning at the point which is the section corner
common to Sections 1, 2; 11 and 12, T.2S., R.SE.,
P.M.M.: thence from said point of beginning along
the section line common to said Sections 2 and 11
S 89012'34" W a distance of 2706.86 feet to the
1/4 corner common to said Sections 2 and 11;
thence along the N-S midsection line of Section 2
N 00039'52" W a distance of 2654.41 feet to the
center 1/4 corner of said Section 2; thence
continuing along said N-S line N 01028'43" E a
distance of 1334.17 feet to the W. 1/16 corner of
the N.E. 1/4 of Section 2; thence along the North
1/16 line of Section 2 N 89032'44" E a distance of
2642.85 feet to the North 1/16 corner of Sections
1 and 2; thence along the section line common to
Sections 1 and 2 SOlo 31'29" W a distance of
1326.08 feet to the 1/4 corner common to said
Sections 1 and 2; thence continuing along said
line S 02003'59" E a distance of 2647.68 feet to
the point of beginning. Said tract being 243.3811
acres.
For a period of twenty (20) days following the first
publication of this Notice, the Clerk of the Commission will