HomeMy WebLinkAboutResolution 3518, Intent to annex Lessley tract, 10.64 acres, W. Babcock
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COMMISSION RESOLUTION NO. 3518
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS 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 David MacDonald, on behalf of the Estate of Eula May Lessley,
owner of the tract sought
to be annexed herein, requesting the City Commission to extend the boundaries of
the City of Bozeman
so as to include within the boundaries of the City of Bozeman, Montana, a certain
contiguous tract of land
lying along the north side of West Babcock Street, south side of West Beall Street,
and east of West
Babcock Subdivision; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of
Montana, is as follows:
Based on the record data of Certificate of Survey No. 1855 as recorded with the
Gallatin County Clerk and Recorder, located in the NE% of Section 11, Township
2
South, Range 5 East, Principal Meridian Montana, Gallatin County, State of Montana,
being Tract 2 of Certificate of Survey No. 1855 located in the N E ~ of Section
11,
T2S, R5E, P.M.M., Gallatin County, Montana, and the SY:z EY:z EY:z SW% NE% of
Section 11, T2S, R5E, P.M.M., Gallatin County, Montana conveyed by Deed Film 48,
Page 2020 and more particularly described as follows:
Beginning at the northwest corner of Tract 2 of said Certificate of Survey No.
1855,
thence S 0012'31" W, 1419.95 feet; thence S 88015'39" W, 328.01 feet; thence
N 0002'36" W, 1394.12 feet; thence N 83053'09" E, 335.93 feet to the Point of
Beginning, containing 10.64 acres more or less.
WHEREAS, this tract contains 10.64 acres of land, more or less, along with and
subject to all
existing easements of record or of fact; and
WHEREAS, the above-described tract is the subject of plats or Certificates of Survey,
filed in
the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared and submitted to the Commission;
and
WHEREAS, the Commission has duly reviewed and considered said written annexation
staff
report; and
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WHEREAS, prior to annexation, an agreement between the City and the owners of said
tract
addressing issues that are in the best interests of the City of Bozeman, such as,
but not limited to, rights
of way, easements, traffic signals, water rights or cash-in-lieu, waivers of right
to protest creation of SIDs,
impact fees and water and sewer hookup fees, to said contiguous tract and other
parcels directly affected
or impacted by this annexation, shall be fully executed; and
WHEREAS, it will be in the best interests 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 said contiguous tract of land hereinbefore described
within the corporate
limits of said City of Bozeman, Montana.
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 the
services to the
contiguous tract hereinbefore described will be the subject of a mutual agreement
between the City of
Bozeman and the real property owners of the tract, that it is in the best interests
of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tract that
the boundaries of 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 Room in the Municipal Building of said City on the 15th day of July
2002, at 7:00 p.m., 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.
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 contract for deed of the property in
said
contiguous tract to be annexed; and
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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, and that the Clerk of the City Commission
will receive
written comments of approval or disapproval of the proposed extension of the boundaries
of the City of
Bozeman from real property owners of the area proposed to be annexed, and that
the written comments,
if any, must be filed with the Clerk of Commission not later than 5:00 p.m. on
July 10, 2002.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 28th day of May 2002.
A-~
S~VEN R. IR , Mayor
ATTEST:
~Li~
Clerk of the Commission
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of
Bozeman held on the 28th day of May 2002, Commission Resolution No. 3518 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 INHABIT ANTS 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 10.64 acres of real property, proposed for annexation by David MacDonald, on
behalf of the Estate
of Eula May Lessley, lying along the north side of West Babcock Street, south side
of West Beall Street,
and east of West Babcock Subdivision, in the County of Gallatin, State of Montana,
is described as
follows:
Based on the record data of Certificate of Survey No. 1855 as recorded with the
Gallatin County Clerk and Recorder, located in the NEX of Section 11, Township
2
South, Range 5 East, Principal Meridian Montana, Gallatin County, State of Montana,
being Tract 2 of Certificate of Survey No. 1855 located in the NEX of Section 11,
T2S, R5E, P.M.M., Gallatin County, Montana, and the SY:z EY:z EY:z SWX NEX of
Section 11, T2S, R5E, P.M.M., Gallatin County, Montana conveyed by Deed Film 48,
Page 2020 and more particularly described as follows:
Beginning at the northwest corner of Tract 2 of said Certificate of Survey No.
1855,
thence S 0012'31" W, 1419.95 feet; thence S 88015'39" W, 328.01 feet; thence
N 0002'36" W, 1394.12 feet; thence N 83053'09" E, 335.93 feet to the Point of
Beginning, containing 10.64 acres more or less.
For a period of twenty (20) days following the first publication of this Notice,
the Clerk of
Commission will receive comments, in writing, of approval or disapproval of the
proposed extension of
the boundaries of the City of Bozeman from the real property owner of the area
proposed to be annexed.
The deadline for this written comment is 5:00 p.m. on July 10, 2002. In addition,
a public hearing shall
be held on Monday, July 15, 2002, at 7:00 p.m. in the Commission Room of City Hall,
at 411 East Main
Street, Bozeman, Montana, for the purpose of hearing testimony in support of or
in opposition to the
annexation of the above-described real property.
DATED this 29th day of May 2002.
G?L:J~
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, June 20, 2002
Thursday, June 27,2002