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HomeMy WebLinkAboutResolution 3465 Intent to annex 16.92 acres, 3017 - 3205 W. Babcock COMMISSION RESOLUTION NO. 3465 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 INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y 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 Gary and Dorothy Butcher, Daryl Todd, Richard Davis, and David Davis, and Frank and Dora Harrington, owners 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 north of Babcock Street and east of Valley Drive; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: Harrington Prooerty: All that portion of the S ~, NW %of Section 11, Township 2 South, Range 5 East, within the following metes and bounds, to-wit: Beginning at a point in the South line of the S ~, NW %of Section 11, T2S, R5E, said point being 665.4 feet East of the Southwest corner thereof; thence North 1335.87 feet, more or less to a point in the North of said S ~ ,NW %. ,said point being 708.4 feet East of the Northwest corner thereof; thence East along the North line of said S %, NW %.330 feet; thence South 1335.56 feet, more or less, to the South line of said S %, NW %. ;thence West along said South line 330 feet to the place of beginning: EXCEPTING THEREFROM, the following described tract: Beginning at a point 910.4 feet, more or less, East of the Southwest corner of the S %, NW X; thence North 230 feet to a point; thence East 85 feet to a point; thence South 230 feet to a point; thence West 85 feet to the point of beginning, all of the above being within the 81/2, NW }'4 of Section 11, T2S, R5E, PMM, Gallatin County, Montana, according to the survey recorded in Book 138 of Deeds, page 326. Aforesaid parcel of land being previously described in Warranty Deed recorded in Film 35, page 1633, records of Gallatin County, Montana. Todd and Butcher Prooertv: All that portion of the S ~, NW Y40f Section 11, Township 2 South, Range 5 East, PMM, within the following metes and bounds, to-wit: - - ____no ___ Beginning at a point in the South line of the S Y2, NW %of said Section 11, T2S, R5E, said point being 995.4 feet East of the Southwest corner thereof; thence North 1335.56 feet, more or less, to a point in the North line of said S Y2, NW 1/4, said point being 1038.4 feet east of the Northwest corner thereof; thence East along the North line of said S Y2, NW %,330 feet; thence South 1335.25 feet, more or less, to the South line of said S Y2 ,NW % ;thence West along said South line 330 feet, to the place of beginning. (Deed Reference in Book 104 of Deeds, Page 335, records of Gallatin County, Montana.) EXCEPT THAT a parcel of land described as follows will be excluded from the annexation: Beginning at a point which bears North 89024' East, along the South line of the said S Y2, NW Yt a distance of 1188.4 feet from the West one quarter corner of said Section Eleven (S 11), Thence North 0046' East a distance of 349.50 feet, Thence North 89027' East a distance of 137.0 feet, Thence South 0046' West a distance of 349.50 feet, Thence South 89024' West along the South line of said S %, NW %,a distance of 137.0 feet to the point of beginning, containing 1.10 acres, more or less. WHEREAS, this tract contains 16.92 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 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, 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 - 2 - -. -..- 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 17th day of September 2001, 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 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. - 3 - - ..- ..---..... 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 Wednesday, September 12, 2001. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of August 2001. MARC~Nf~r ATTEST: ~./~ ROBIN L. SULLIVAN Clerk of the Commission - 4 - NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 13th day of August 2001, Commission Resolution No. 3465 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 PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The 16.92 acres of real property proposed for annexation by Gary and Dorothy Butcher, Daryl Todd, Richard Davis and David Davis, and Frank and Dora Harrington, lying along the north side of Babcock Street, and east of Valley Drive, in the County of Gallatin, State of Montana, is described as follows: Harrington Prooertv: All that portion of the S % ,NW %of Section 11, Township 2 South, Range 5 East, within the following metes and bounds, to-wit: Beginning at a point in the South line of the S % ,NW %of Section 11, T2S, R5E, said point being 665.4 feet East of the Southwest corner thereof; thence North 1335.87 feet, more or less to a point in the North of said S %, NW % ,said point being 708.4 feet East of the Northwest corner thereof; thence East along the North line of said S Y:z ,NW %330 feet; thence South 1335.56 feet, more or less, to the South line of said S %,NW %;thence West along said South line 330 feet to the place of beginning: EXCEPTING THEREFROM, the following described tract: Beginning at a point 910.4 feet, more or less, East of the Southwest corner of the S Y:z, NW %; thence North 230 feet to a point; thence East 85 feet to a point; thence South 230 feet to a point; thence West 85 feet to the point of beginning, all of the above being within the S1/2, NW % of Section 11, T2S, R5E, PMM, Gallatin County, Montana, according to the survey recorded in Book 138 of Deeds, page 326. Aforesaid parcel of land being previously described in Warranty Deed recorded in Film 35, page 1633, records of Gallatin County, Montana. Todd and Butcher ProDertv: All that portion of the S % ,NW %of Section 11, Township 2 South, Range 5 East, PMM, within the following metes and bounds, to-wit: 0-"__ ------.-- Beginning at a point in the South line of the S ~, NW %of said Section 11, T2S, R5E, said point being 995.4 feet East of the Southwest corner thereof; thence North 1335.56 feet, more or less, to a point in the North line of said S ~, NW 1/4, said point being 1038.4 feet east of the Northwest corner thereof; thence East along the North line of said S ~ ,NW %. ,330 feet; thence South 1335.25 feet, more or less, to the South line of said S %, NW %. ;thence West along said South line 330 feet, to the place of beginning. (Deed Reference in Book 104 of Deeds, Page 335, records of Gallatin County, Montana.) EXCEPT THAT a parcel of land described as follows will be excluded from the annexation: Beginning at a point which bears North 89024' East, along the South line of the said S ~, NW Y.. a distance of 1188.4 feet from the West one quarter corner of said Section Eleven (S 11), Thence North 0046' East a distance of 349.50 feet, Thence North 89027' East a distance of 137.0 feet, Thence South 0046' West a distance of 349.50 feet, Thence South 89024' West along the South line of said S %, NW %.,a distance of 137.0 feet to the point of beginning, containing 1.10 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 Wednesday, September 12, 2001. In addition, a public hearing shall be held on Monday, September 17, 2001, 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 14th day of August 2001. ROBIN L. SULLIVAN Clerk of the Commission Publish: Thursday, August 23, 2001 Thursday, August 30, 2001 .-.