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HomeMy WebLinkAboutResolution 2515 Intent to annex Smith, 243.3811 acres s- '. 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 '-" 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. -2- '- 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. ( "- '--...-- ATTEST: ~ dk~/ ROBIN L. SULLIVAN CLERK OF THE CITY COMMISSION .m,~"':,;:r:;::" 1m] imlft.il1! ~~,,>.----.-:-4) ;;-/<6 \- ".. I -. \l:tOi n~~y -3- -- ".~ ---~:~. 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