HomeMy WebLinkAboutResolution 2525 Intent to annex Volz/Wallin, 8.252 acres
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COMMISSION RESOLUTION NO. 2525
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 THE SAID CITY OF BOZEMAN AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE
BOUNDARIES OF THE 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 request
petitioning 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,
which contiguous tract is or will be the subject of a filed
plat(s) or certificate(s) of survey: and
WHEREAS, the proper legal description of said
contiguous tract which is located along the northside of
West Main Street just east of the Ponderosa Mobile Home
Subdivision in the County of Gallatin, State of Montana,
is as follows:
A portion of land located in the southeast quarter
of Section 11, Township 2 South, Range 5 East,
Principal Meridian of Montana, in the City of
Bozeman, Montana and more particularly described
as follows:
Beginning at the east quarter corner of said
Section 11 at a brass capped iron monument set in
the asphalt roadway;
Thence (as per film 20 page 1284 of C.O.S.)*
S89016'05" W on and along the northline of the
southeast quarter of Section 11 a distance of
1,879.71 feet;
Thence, S 00006'00" E a distance of 284.57 feet to
the true point of beginning;
Thence, S 00006'00" E a distance of 536.68 feet to
the northwesterly right-of-way of U.S. HIGHWAY 191
(also known as WEST MAIN STREET) from which a
brass capped iron witness corner bears N 0006'00"
W 11.21 feet;
Thence, (as per COS No. 305 less film 5 page
1386)* on and along said right-of-way S 42009'32"
W a distance of 554.53 feet;
Thence, continuing along said right-of-way
S 42021'30" W a distance of 90.00 feet;
Thence, N 00012'10" E along the West boundary of
that tract of land as described in film 5 page
1386 a distance of 110.56 feet;
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Thence, N 00005'40" E a distance of 1182.46 feet:
Thence, N 89017'07" E a distance of 80.03 feet:
Thence, S 00018'58" W a distance of 247.72 feet:
Thence, N 89017'07" E a distance of 85.84 feet:
Thence, S 00007'50" W a distance of 37.10 feet
along the west boundary of a tract of land as
described in Book 144 Page 209*:
Thence, N 89015'00" E a distance of 105.00 feet:
Thence, N 89011'24" E a distance of 161.01 feet:
to the true point at beginning.
Said Parcel contains 8.252 acres, more or less,
and is subject to all easements of record.
*(as filed in the office at the County Clerk and
Recorder, Gallatin County, Montana)
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 August 20,
1984: and
WHEREAS, the provision of services including, but not
limited to, rights of way, easements, water rights or a fee
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 hereinbefore described to extend the
boundaries of the city of Bozeman so as to include the said
contiguous tract hereinbefore described within the corporate
limits of the said city of Bozeman.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Bozeman:
Section 1
That it is hereby declared, subject to the condition
that the provision of services to the contiguous tract
hereinbefore described will be the subject of a mutual
agreement between the City of Bozeman and the freeholders of
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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 hereinbefore 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 15th
day of
October
, 1984, at 7:00 p.m. and the same
is hereby designated as the time and place at which
objections 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 cause notice to be published in the
Bozeman Daily Chronicle, a newspaper nearest the parcel of
land to be embraced within the corporate limits and bound-
aries of the city of Bozeman, at least once a week for two
successive weeks, which notice shall be to the effect that
such resolution has been duly and legally passed and that
for a period of twenty days after the first publication of
such notice, the Clerk of the City Commission will receive
expressions of approval or disapproval in writing as to the
proposed extension of the boundaries of the city of Bozeman
from
freeholders of the territories to be embraced.
PASSED AND ADOPTED by the City Commission of the City
of Bozeman, Montana, at a regular session thereof held on
the
10th
day of
September
, 1984.
ATTEST:
2& . (
(t (~
ROBIN L~ULLIVAN
CLERK OF THE CITY COMMISSION
APPROVED AS TO fORM
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Citv Attornev
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Thence, 5 00018'58" W a distance of 247.72 feet;
Thence, N 89017'07" E a distance of 85.84 feet;
Thence, 5 00007150" W a distance of 37.10 feet along the west boundary
of a tract of land as described in Book 144 Page 209*;
Thence, N 89015100" E a distance of 105.00 feet;
, j I f
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of Bozeman held on the 10th day of September 1984, Commission Resolution No. 2525 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 THE SAID CITY OF BOZEMAN AND
HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUND-
ARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CON-
TIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation is located along the north side of West
Main Street just east of the Ponderosa Mobile Home Subdivision in the Southeast Quarter
of Section 11, Township 2 South, Range 5 East, Principal Meridian of Montana, and is
known as the Volz/Wallin Annexation, and is more particularly described as follows, to
wit:
A portion of land located in the southeast quarter of Section 11, Town-
ship 2 South, Range 5 East, Principal Meridian of Montana, in the City of
Bozeman, Montana and more particularly described as follows:
Beginning at the east quarter corner of said Section 11 at a brass capped
iron monument set in the asphalt roadway;
Thence (as per film 20 page 1284 of C.O.S.)* 589016'05" W on and along
the north line of the southeast quarter of Section 11 a distance of
1,879.71 feet;
Thence, S 00006'00" E a distance of 284.57 feet to the true point of
beginning;
Thence, S 00006'00" E a distance of 536.68 feet to the northwesterly
right-of-way of U. S. H IGHWA Y 191 (also known as WEST MAl N STREET)
from which a brass capped iron witness corner bears N 0006'00" W 11.21
feet;
Thence, (as per C.O.s. No. 305 less film 5 page 1386)* on and along
said right-of-way 5 42009'32" W a distance of 554.53 feet;
Thence, continuing along said right-of-way
S 42021'30" W a distance of 90.00 feet;
Thence, N 00012'10" E along the West boundary of that tract of land as
described in film 5 page 1386 a distance of 110.56 feet;
Thence, N 00005'40" E a distance of 1182.46 feet;
Thence, N 89017'07" E a distance of 80.03 feet;
Thence, S 00018158" W a distance of 247.72 feet;
Thence, N 89017'07" E a distance of 85.84 feet;
Thence, S 00007'50" W a distance of 37.10 feet along the west boundary
of a tract of land as described in Book 144 Page 209*;
Thence, N 89015'00" E a distance of 105.00 feet;
. . , .--
Thence. N 89011'24" E a distance of 161.01 feet; to the true point at
beginning.
Said Parcel contains 8.252 acres. more or less. and is subject to all
easements of record.
* (as filed in the office at the County Clerk and Recorder, Gallatin County,
Montana)
For a period of twenty (20) days following the first publication of this Notice, the
Clerk of the Commission will receive expressions, in writing, of approval 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, October 15, 1984, at 7:00
o'clock 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 and in opposition to the
annexation of the above-described real property.
DATED this 21st day of September 1984.
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NOTICE IS HEREeV GIVEN
that at' a regular _Ion of the
COmmllslon of 'the' City of
Bozeman held on'the 10th day
of s,ptember 1984. Commls~
slon Reiolutlon NO. 2525 was
duly end regularly passed and
adopted. Said I ResOlutIon Is
'nItled: ,
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to ....... the bounlI.nea 01
notice hereunto annexed (J~P.~~.~!n.::...gQ.m.~.;.~~J2.~L~~~~Q~)!~J.Q!l_~_~__S'2.?5 , .....~...::...=..;
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......,. ~~ -----~_.------------ reilI propei1)! flr,.......-- -.. ,
, . annexation IIloC:ated along
has been correctly published in the regular and entire iuue of every numl.- north slde of west Main
?'- ~. juSt east of the Ponde- __n_.m
/ - Mobile Home S~lYlslon .
for. ....n?m.. consecutive...~~.~K~.m.......nm__________.., the fint of which publicatio wu the Southeast Quartar of
ttctlon 11, Township 2 South. ..........
ItInge 5 Etst. PrlflClRlll Mlfld-
day of. . . - ...se:pt.emb.er,........_..~.m__m.. 19, and the last on the...m28a.m._ .. --. ~ay i~' '~ft!.'..~~ 19 .84
I . tneV~IW..IIn....._......, m
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Subscribed and sworn to before me this ...l~t____..o.. day Of....~__ _m'h.___ 1<g.Q!'}!:...n .-J..~. 1... ToiIwnahIp. .' '. 2 -.Soul. Of. h. ' ~. '-. . 19 84
~ EMt,PdnclpaI MeridIIln of mo_
~:fIl the City' of Boa-
m___.m_.,_ ,_. _ . _ '.. n....:tIklMana and more par'
tk:UItl1y dIlIcIf.lbIIG.. followS: "--0_--
fleglnnlng . at .,.. "'" quartlf
Notary Public for the Sta' CGm8I'of.-_lon 11.... ng at
Bo '~lron monument
zeman, 'jR:iMlIPhalt roadWay;
ftOl"RY PI. .....""",.
Residing at . ' . 1987
My Commission expIres July 6.
STATE OF MONTANA, }
County of Gallatin. 5S.
- -....v.:),:vJ~-~Q+.t.+\~.U'm.......h_mm...... .mm ....-mmm.......mm..' being duly sworn,
deposes and says: That --she i...m-P-rinc.ipaJ...Cl.e.rk..m______......_m________
of the Bozeman --De:H.y....-mmChronicle, a newspaper of general cireulation,
printed and published in Bozeman, Gallatin County, Montana. and that the
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