HomeMy WebLinkAboutResolution 4204 Annexation of LandBozeman City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
WHEREAS, the City of Bozeman received a request for annexation from Steve Wenzel and
Susan Smiley, the owners of tracts of land, requesting the City Commission to extend the boundaries of
the City of Bozeman so as to include certain contiguous tracts of land at 2502 West Babcock Street,
County of Gallatin, State of Montana; and
WHEREAS, Steve Wenzel and Susan Smiley, are the current landowners of record of
property described as Certificate of Survey 63 the plat shown on File 144 page 538 book of deeds
located in Section 11, T2S, R5E, PMM in Gallatin County Montana, requesting the City Commission to
extend the boundaries of the City of Bozeman; 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 July 20, 2009;
and
WHEREAS, said annexation petition was considered at a public meeting duly noticed and
held on July 20, 2009; and
WHEREAS, no members of the public spoke in regards to said annexation 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
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A
CERTAIN CONTIGUOUS TRACTS 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.
COMMISSION RESOLUTION NO. 4204
Pag
Charlotte Mills Gailatir County Mt
1111111 111 1110011 I 1111 111 I !1l 0 111111011 II
Fee $21O�
MISC
WHEREAS, on July 20, 2009, 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 terms of annexation specified in the staff report; 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 Steve Wenzel and Susan Smiley; and
WHEREAS, said contiguous tracts are described as Certificate of Survey 63 the plat shown
on File 144 page 538 book of deeds located in Section 11, T2S, R5E, PMM in Gallatin County Montana;
and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of these
contiguous tracts 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 46, M.C.A., the following-
described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed
to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and
include such 0.425 acres of land, to wit:
Certificate of Survey 63 the plat shown on File 144 page 538 book of deeds,
according to the plat thereof, on file and of record in the Office of the Clerk and
Recorder, Gallatin County, Montana located in Section 11, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana.
Section 2
This resolution of annexation is effective upon passage.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement by and
between the City of Bozeman and Steve Wenzel and Susan Smiley owners of said tracts of land.
2
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 12th day of October, 2009.
AT EST: s s r k
BO
3
City Attorney
KAAREN JAC BSON
Mayor
APPROVED AS TO FORM: