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HomeMy WebLinkAboutResolution 2589 Intent to annex Tschache, Saccoccia and Perkins: 1-20-86 "'r'" -- ~~,~ ,/ ,. ~. -/ COMMISSION RESOLUTION NO. 2589 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 THREE TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF. WHEREAS, there have been presented to the City Commission of the City of Bozeman written applications from Mr. J.W. Tschache, Mr. Phillip Saccoccia, Jr., and Mr. Jerry Perkins requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land within the boundaries of the City of Bozeman; and WHEREAS, the proper legal descriptions of the contiguous Perkins and Saccoccla tracts, which are bounded in part by Baxter Lane on the north, the future extension of North 11 th Avenue on the east, the future extension of West Oak Street on the south, and the future extension of North 19th Avenue on the west, in the County of Gallatin, State of Montana, are as follows: Two tracts of land located in Section 1, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, containing 107.4980 acres, and being further described as follows: Saccoccia parcel - Tract 4 of Certificate of Survey No. 1215, as filed and of record in the office of the Clerk and Recorder of Gallatin County, Montana. Said tract contains 42.2408 acres. Perkins parcel - Tracts 2 and 3 of Certificate of Survey No. 1215, as filed and of record in the office of the Clerk and Recorder of Gallatin County, Montana. Said tract contains 65.2572 acres. WHEREAS, the proper legal description of the contiguous Tschache tract, which is bounded by Baxter Lane on the north, the future extension of North 19th Avenue on the east, and the future extension of West Oak Street on the south, in the County of Gallatin, State of Montana, is as follows: Tschache parcel - A tract of land being a portion of Government Lot 1 of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and being further described as follows: Beginning at a point which is the northeast corner of Section 2, T2S, R5E, MPM; thence from said point of beginning along the easterly line of said Section 2 south 01031'2911 west a distance of 1326.09 feet to the north 1/16th corner of Sections 1 and 2; thence along the north 1/16th line of Section 2 south 89032'44" west a distance of 1073.66 feet; thence north 01026'4011 east a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line north 89032'3811 east a distance of 1075.52 feet to the point of beginning. Said tract contains 32.6935 acres. WHEREAS, the above-described tracts are or will be the subject of a filed plat(s) or Certificate(s) of Survey prior to annexation; and , WHEREAS, an annexation staff report has been prepared in accordance with the Com- mission's goals and policies for annexation and was presented to the Commission on December 16, 1985; and WHEREAS, the provision of services including, but not limited to, rights of way, easements, water rights or cash in lieu, waivers of protest against creation of SI D's and water and sewer hookup fees, to said contiguous tracts will be the subject of a mutual agreement between the City and the freeholders of the tracts; and WHEREAS, it will be in the best interests of the City of Bozeman and the inhabi- tants thereof and of the inhabitants of the contiguous tracts hereinbefore described to extend the boundaries of the City of Bozeman so as to include said contiguous tracts here- inbefore described within the corporate limits of said City of Bozeman. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Sect ion 1 That it is hereby declared, subject to the condition that the provision of the services to the contiguous tracts hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the freeholders 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 tracts that the boundaries of the said City of Bozeman be extended so as to include the contiguous tracts 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 18th day of February 1986 at 7: 00 p. m. and the same 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. I mmediately notify in writing, addressed to the address to which tax notices are sent, all owners and purchasers under contracts for deed of the property in said contiguous tracts; and - 2 - b. Cause a notice to be published in the Bozeman Daily Chronicle, the newspaper nearest the parcels 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. Sect ion 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, that comments will be received at the time and place designated in Section 2, above, and that for a period of twenty days after the first publication of such notice, such Clerk of the City Commission will receive expressions, in writing, of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from freeholders of the territory proposed to be embraced therein. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular and stated session of said City Commission, held on the 20th day of January 1986. ...... ~&J-tl 0. m ~'-"- DITH A. MATHRE, Mayor .J ATTEST: ~ ~'j' o ~ ',./ / % (I;- ~~1-{j{ t't"h L. SULLlvA Clerk of the Commission 1; ~:L'V" .':-"")'. I.l,!..~ ,:' . "~". ..~.." I~. :' : "l11(!~ ~_:._~.l_ ~-/-)1-" ~ l.p en -, ,l'l"""-""I ~ 1';.... I" ,I Il.\.;l ~ 1 ~ - 3 - .. NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 20th day of Januarv 1986, Commission Resolution No. 2589 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 THREE TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF. The real property proposed for annexation by Perkins and Saccoccia are bounded in part by Baxter Lane on the north, North 11th Avenue extended on the east, West Oak Street extended on the south, and North 19th Avenue extended on the west, in the County of Gallatin, State of Montana, are as follows: Two tracts of land located in Section 1, Township 2 South, Range 5 East, ~\'1ontana Principal Meridian, Gallatin County, Montana, containing 107.4980 acres, and being more particularly described as follows: Saccoccia parcel - Tract 4 of Certificate of Survey No. 1215, as filed and of record in the office of the Clerk and Recorder of Gallatin County, Montana; said tract contains 42.2408 acres. Perkins parcel - Tracts 2 and 3 of Certificate of Survey No. 1215, as filed and of record in the office of the Clerk and Recorder of Gallatin County, Montana; said tract contains 65.2572 acres. The real proposed proposed for annexation by Tschache is bounded by Baxter Lane on the north, the future extension of North 19th Avenue on the east, and the future extension of West Oak Street on the south, in the County of Gallatin, State of Montana, is as follows: Tschache parcel - A tract of land being a portion of Government Lot 1 of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, and being further described as follows: Beginning at a point which is the northeast corner of Section 2, T2S, R5E, MPM; thence from said point of beginning along the easterly line of said Section 2 south 01031'29" west a distance of 1326.09 feet to the north 1/16th corner of Sections 1 and 2; thence along the north 1/16th line of Section 2 south 89032'4411 west a distance of 1073.66 feet; thence north 01026'40" east a distance of 1325.98 feet to a point on the north line of said Section 2; thence along said line north 89032'3811 east a distance of 1075.52 feet to the point of beginning. Said tract contains 32.6935 acres. For a period of twenty (20) days following the first publication of this Notice the Clerk of the Commission will receive expressions, in writing, of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from the freeholders of the tracts proposed to be annexed. In addition, a public hearing shall be held on Tuesday ,February 18 , 1986 at 7: 00 P. m. in the Commission Room of the City Hall at 411 East Main Street, Bozeman, - 4 - .. Montana, for the purpose of hearing testimony In support of or In opposition to the annexa- tion of the above-described real property. DATED this 20thday of January 1986. ROB I N L. SU LLlV AN Clerk of the Commission Publ ish: January 26, 1986 Februarv 2, 1986 '-Wi!~moiI~ Notice Is hereby given that at a regular sesston of the Com- mlsslon of tift CIty of Bozeman held on .. IOlh day of , t:c.~1l\ir'= '; and reQlll8rly .~ and I' adoPted. SlId .RedItlon Is entitled: I . J(~cf, "'" ,(lily lr ~ Of tho'CIIV,tlf.I.1 ~~-:.==~. ii of BoltmIn. thl'!rlhlIbftIntI '! tltIl'eoI and the Inhablt_ of . Ihfee"of_ ~ to eaJd Q'Iy of 1kUmIrI" : hIrIlIt J\'\Ol'e ~ ... :' lICldbIlClto e$nd \tie bciun$- : .... 0118ld CIty of Boieman eo . to Include llllld.~ . tracts wtthIh the corpotIte , limits thereof. _ The real prQpltty wapcllIId . for annexatfori by Perklr\lJ ~ . . . .... .. ....... ...... .,.n n.._. m ....m.___.....m__m.___..... ...m...nn__nm.. -----.---.-----------.....--.-.--.---.-. 8accQcl::Ia ...bQunded.'lnpert i . ~~~: has been correctly published in the regular and entire iuue of every number of :t:c.Mitoi, ~"'~'and' I~' for. ....Z.....__ consecutivem..mill~!2l....tiQrui...h._.... the fint of which publieation wu mAl ~;. ::"A:;:' ~ !.h. ^......... -, ........ . . -. day of. ._nhm~.~~~~:X ..........m........... 19. and the last on then.n......~hh._._________......day of....J~Q.9.r~.Q.r.Yn_mm.... 19...86 ..__....__m. .--..-::::&.7f..~_..ga;!-{.!..~f~t;-:~ .__n_m. mn.............-__m.. Subocribed and .worn to before me Ihis ....._'_~h._. d::ho~:~~~.tzi~~:~~~~~.~..:~~ Notary Public for the State of Montana. residing at Bozeman. Montana NOTARY PUBlIC for the Stale of Montini ReSiding alllozenlan, Montana My Commission expires July 6, 1987 I 1\ffibautt Df 'ubltrattnn STATE OF MONTANA.} County of Gallatin. IS. -- __..____'____n.._.........~~..Y...~~~~.~~P._.~~m.. n......................_..__...m.... being duly sworn. deposes and says: That [;l.he isnmJ?.r.iuci.p.a2...__Cler..k..mnmmm____m__________ of the Bozeman ....fu.i.J,y...__.....Chronicle, a newspaper of general cireulation. printed and published in Bozeman. Gallatin County. Montana: and that the notice hereunto annexed (...mnmNQ.:t.ic.e.__f.arm:.lI:J.r.UUS..P.aJ;:.C.els__.m....__n ) ..----=--~----;-'