HomeMy WebLinkAboutResolution 3495 Annex Smith/Christ the King Lutheran Church tract
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COMMISSION RESOL.UTION-NO. 3495 ....
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS
TRACT 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.
WHEREAS, the City of Bozeman received a request for annexation from Doug Smith and Christ
the King Lutheran Church. the owners of two adjacent tracts, requesting the City
Commission to extend
the boundaries of the City of Bozeman so as to include certain contiguous tracts
of land lying along the
north side of Durston Road, east of its intersection with Flanders Mill Road, in
the County of Gallatin, State
of Montana; 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 May 1,
2000; and
WHEREAS, Commission Resolution No. 3359 was adopted by the City Commission on May 1,
2000, declaring it to be the intent of the City of Bozeman to extend the boundaries
of said City so as to
include said contiguous tract within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3359 was duly noticed and held on
June 5, 2000; and
WHEREAS, no objections to said annexation were raised 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
WHEREAS, on June 5, 2000, the Commission authorized and directed staff, upon satisfaction of
the terms of approval, to prepare the necessary documents to proceed with the annexation
of this tract
in accordance with Commission Resolution No. 3359; and
WHEREAS, the provision of available services including, but not limited to, water rights or cash
in lieu, waivers of protest against creation of SID's and water and sewer hookup
fees, to Lot 1 of Minor
Subdivision No. 253, is the subject of a written agreement between the City and
Christ the King Lutheran
Church, record owner of said tract; and
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WHEREAS, the provision of available services including, but not limited to, water
rights or cash
in lieu, waivers of protest against creation of SID's and water and sewer hookup
fees, to the remaining
tracts proposed for annexation, shall be subject to a separate written agreement
between City and Doug
Smith, record owner of said remaining tracts; and
WHEREAS, said tracts are the subject of a plat(s) or Certificate(s) of Survey filed
in the office of
the Gallatin County Clerk and Recorder's Office and is further described below;
and
WHEREAS, the Bozeman City Commission will annex Lot 1 of Minor Subdivision No.
253 at this
time, and will annex the remaining tracts described in Commission Resolution No.
3359 at such time as
the provision of services agreement is executed by the City and Doug Smith, record
owner of said
remaining tracts; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of the tract
described
as Lot 1 of Minor Subdivision No. 253 is in the best interests of the City of Bozeman
and the inhabitants
thereof and of the inhabitants of the tract; and
WHEREAS, the legal description of the subject tract has been corrected to accurately
describe
the property being annexed.
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 43, 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 8.968 acres of land of the 29.271 acres originally considered for annexation,
to wit:
A tract of land described as Lot 1 of Minor Subdivision No. 253, situated in Section
3, T2S,
R5E, PMM, Gallatin County, Montana, said tract being 8.968 acres along with and
subject
to any existing easements.
Section 2
The effective date of this annexation is December 15, 2001.
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Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated
December 3, 2001, by and between the City of Bozeman and Christ the King Lutheran
Church,
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular
session thereof held on the 10th day December 2001.
MARC~~YOr
ATTEST:
Vd.:J~-
ROBIN L. sul.j:JV . \ \- .
Clerk of th~~i~" ~:
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APPROVED AS TO FORM:
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PAUL.: J, LUWE
City Attorney
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ANNEXA TI ON MAP
A TRACT OF
LAND BEING
LOT 1 OF
MINOR SUBDIVISION No.
253 SITUATED IN
THE SE1/4SW1/4
SECTION 3,
T2S, R5E,
P.M.M., GALLA TI N COUNTY,
MONTANA
FOR: CHRIST THE KING LUTHERAN CHURCH
DECEMBER, 2001
BY:
GASTON ENGINEERING AND SURVEYING
BOZEMAN, MONTANA ~
BASIS OF BEARING
SCALE: 1 "=200'
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BE....RINGS FOR THIS MAP ARE BASED ON
THE WEST HALF OF THE SOUTH LINE OF
LEGEND
SECTION .3 BEING N89'59'30"W
GROSS AREA: 8.968 ACRES
- - - BOZEMAN CITY LIMITS
PROPOSED ANNEXATION
BOUNDARY
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DOUGLAS L.':~MI TH
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UNPLA TTED
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ZONED AR
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COUNTY ZONING DISTRICT #1
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S89'59' 30'"E
625.07'
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