HomeMy WebLinkAboutResolution 2856 Annexing Kack, 22.48 acres - Brandt for Cardinal Distrib. and Kack
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fILM 180 PACE1320
COMMISSION RESOLUTION NO. 2856
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN TRACT(S) OF LAND CONTIGUOUS TO SAID
CITY AND
REFERRED TO AS THE KACK
ANNEXATION AND HEREIN MORE
. PARTICULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Edward M.
Brandt for HCM, a limited partnership dba Cardinal Distributing, and James W. and Joanne Bee
Kack, requesting the City Commission to extend the boundaries of the City of Bozeman so as
to include certain contiguous tracts of land bounded in part by Interstate 90 on the south, the
Burlington Northern Railroad on the east, and the McChesney Industrial Park on the west, 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
31, 1988; and
WHEREAS, Commission Resolution No. 2701 was adopted by the City Commission on
. July 5, 1988, 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(s) within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 2701 was duly noticed and
held on August 1, 1988; and
WHEREAS, no objection to said annexation was raised; and
WHEREAS, on August 1, 1988, the Commission authorized and directed staff to
prepare the necessary documents to annex the tracts as established in Commission Resolution
No. 2701; and
WHEREAS, the provision for 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 tracts is the subject of written agreements between
. the City and Edward M. Brandt for HCM, a limited partnership dba Cardinal Distributing, James
W. and Joanne Bee Kack and Burlington Northern Railroad, record owners of the tracts; and
WHEREAS, said contiguous 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.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
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Section 1 i :LM 180 r;~CE1321
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 50 as to embrace and include such properties, to wit:
. Parcel 2 of Certificate of Survey No. 970 (8.371 acres); Tract A.1 of
Certificate of Survey No. 156-C (10.96 acres); Tract B.1 of Certificate of
Survey No. 156-C (2.11 acres); and Burlington Northern Lease Tract No.
249038 (1.043 acres) as depicted on Certificate of Survey No.1429, all
located in the northeast one-quarter of Section 1, Township 2 South, Range
5 East, and in the northwest one-quarter of Section 6, Township 2 South,
Range 6 East, Montana Principal Meridian, Gallatin County, Montana,
containing a total of 22.48 acres.
Section 2
The effective date of this annexation is June 1, 1992.
Section 3
The annexation of the above described Parcel and Tracts is subject to the terms of the
Agreements dated April 16, 1992, by and between the City of Bozeman and Edward M. Brandt
for HCM, a limited partnership dba Cardinal Distributing; between the City of Bozeman and
. James W. and JoAnne Bee Kack; and between the City of Bozeman and Burlington Northern
Railroad.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 20th day of Apri 1 1992.
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State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Notice in Re for Commission Resolution No. 2856 was
published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed
. and published in said City, in the issue dated the 29th day of April 1992, and due proof of
such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
~/~/
R I . SULLIVAN
Clerk of the Commission
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fiLM 180 PACE1323
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CITY OF BOZEMAN
ATTN: ROBIN SULLIVAN
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