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HomeMy WebLinkAboutResolution 2567 Intent to annex Stephens, 2,027 acres: 8-12-85 =- :7" t ~ '.'~ COMMISSION RESOLUTION NO. 2567 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 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 James W. Stephens and Mabel L. Stephens requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land within the boundaries of the City of Bozeman; and WHEREAS, the proper legal description of the contiguous tract, which is located north of West Main Street and east of the Volz-Wallin Annexation in the County of Gallatin, State of Montana, is as follows: A parcel of land located in the southeast quarter of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: Beginning at the east quarter corner of Section 11, Township 2 South, Range 5 East, P.M.M., thence south 89016'05" west a distance of 1649.73 feet; thence south 00010'54" east a distance of 312.79 feet to the true point of beginning; thence south 00010'54" east a distance of 257.99 feet; thence south 42016'14" west a distance of 342.45 feet; thence north 00006'00" west a distance of 507.60 feet; thence north 89003'29" east a distance of 230.44 feet to the point of beginning, said tract containing 2.027 acres. WHEREAS, the above-described tract is or will be the subject of a filed plates) or Certificate(s) of Survey prior to annexation; 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 July 22, 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 SID's and water and sewer hookup fees, to said contiguous tract will .. be the subject of a mutual agreement between the City and the freeholders of the tract; and WHEREAS, it will be to the best interest of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract herein before described to extend the boundaries of the City of Bozeman so as to include the said contiguous tract herein before described within the corporate of said City of Bozeman. 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 services to the contiguous tract herein before 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 interest of the City of Bozeman and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of the said City of Bozeman be extended so as to include the contiguous tract herein before 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 Chambers in the Municipal Building of said City on the 3rd day of September ,1985, at 7 o'clock 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: -2- , , ..,. a. Immediately 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 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, 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 City Clerk will receive expressions, in writing, of approval or disapproval of the proposed exten- sion of the boundaries of the City of Bozeman from free- holders 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 12th day of August , 1985. ~ETH~VER'~YOR-~ ATTEST: r?~ LJ!&~~ ROBIN L. SULLIVAN CLERK OF THE CITY COMMISSION AnnR~"\~~ ffi1~ 11":' ~1",':"n rr I,j lIl(.llD "....., "-' .' .it,~u, --;i((! -5' '71 (y ~~/ City AU rn -3- '. .. , I I ; NOT ICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 12th day of August 1985, Commission Resolution No, 2567 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 PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The real property proposed for annexation is located north of West Main Street and east of the Vo1z-Wallin Annexation in the County of Gallatin, State of Montana, and is known as the Stephens Annexation, and is more par- ticularly described as follows: A parcel of land located in the southeast quarter of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: Beginning at the east quarter corner of Section 11, Township 2 South, Range 5 East, P.M.M., thence south 89016'05" west a distance of 1649.73 feet~ thence south 00010'54" east a distance of 312.79 feet to the true point of beginning; thence south 00010'54" east a distance of 257.99 feet~ thence south 42016'14" west a distance of 342.45 feet~ thence north 00006'00" west a distance of 507.60 feet~ thence north 89003'29" east a distance of 230.44 feet to the point of beginning, said tract containing 2.027 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 tract proposed to be annexed. '" ... lr f , , In addition, a public hearing shall be held on Tuesday, September 3, 1985, at 7:00 o'clock p.m. in the Commission Room of the City Hall at 411 East Main Street, Bozeman, Montana, for the purpose of hearing testimony in support of and in opposition to the annexation of the above-described real property. DATED this 16th day of August 1985. ROBIN L. SULLIVAN Clerk of the Commission publish: August 16, 1985 August 23, 1985 notice hereunto annexed (.."._~D-.n~~.9,t.iQ.u .JJ..Qr.t..h.._QL_~~.e.sj;.J1ai.D... S_tr.e.et..__ t,. nWF:11 ' ,".- .,I,!~,~~~~.,}Bi~:;i~",~;, .. ~~,\\lwJ,;II'",,:. ~' !' . A ,..........01.., 0ItJ Comml8lon. 01 the CIIJ 01 8q1e1'm1n, Mont.....' ded8lr. 1"1 It to IMt .... In....tlon of the CIIJ 01 loom..., the Intllllll..... ....... ..... .... Intl.lI...... 01 .TreeI 01 ....... {'1......~.1o ..... CIIJ 01 ....... ..... .......... ...... JWlIcuI8rIr -.c:rlbed, to ....... the 80uncIerIH of ..... CIIJ 0I1onmen " .. 10 Include NIcI conllg_ tr_ wIttlIn. .... COl'porete IJmIte TMrMI. The real properlY proposed for annexation is located north of W.. MaIn Street andHSt of the Volz'Wlllllli~~l'Ii in the COUnty of G~In, State : of Montana, and is known as . I thi! Stephens Annexation, end I is more particularly dellCribed , aEl follows: : .~=::r~ "P" ..., .m...___.........._....m_m._nm...mn...-._..._...m.-..mm...__..___...__________....______.__.___.. tlon 11. "Township 2 South, , Range 5 East, P.M.M., Gallatin ~IIT.',---and being has been correctly publi.hed in the regul.r .nd entire iuue of every number of II =~ctilliRf - .. ta.:.. le f 2 t' im'crtion<o th fi- f hi h bli ti d, BeglnnirJl.... quarter or. .mmm.__ cons8CU lVe..n......,'mn..m._.w..m.........__.., e ~... 0 w c pu c. on wu m. c' .. n- Au t 23'" f' " '.ast, day of. . .....nn..... .~.~.. .__"..n.....m....... 19, and the lalt on the....nn.....m..__..___n......_.d.y 01..00. :9~;:~~ ~,..u .~~i~:~~ 55 l/. . --/J. itd' , 1649.73 feet; thence south _0)af-~..x-!J.i~---......n....: ~~~~~~ ~~~~ t:t~~~t~: .. ~ b.glnnlnll: thence south Subscribed and sworn to before me this ........2.9...00.. day 01.._.. _m.m...Au. t....__.___m..... 00. ..10'54~.' ;1Itt ,~. Qf S5 L ~ 257.tIJ"fMt;tl'lence' south . 42"16' 14~ west a distance of ..._...._..... .h....... .0000' 342.45 feat; thence' north 00.06'00" west a distance of Notary Public for the State ..jOZ16f If.......t Bozem.n, Montan. \ J\ffibautt of Jubltrattnn STATE OF MONTANA. } County of Gallatin, SS, Kay Lalrance .. .. _. _ _ __ . .. , .~. __ _ ... '"w.. _._ _ ~ ._...._ ~~_. .. .P_ _~__... ..w. ...... .. .-. __or . _..- .~-~_.. .-.-...--. - ...~- ._, being duly sworn, depo.es and says: That .9. he is.m...l?;r.in_Q.~.Ji.~lmQlerk._...m._......_..___...___ of the Bozeman .___.il.ail;L..,....Chronic1e.. newspaper of general clrcu1ation, printed and published in Bozeman, Gallatin County, Montana. and that the t P'"., ,0 "[ e",l State 01 MOlltallt i "01"'f\~ ' u ....' , ,." '. 10 .. '''''~ W.Jnta~a Re5!din~, ~t "0:"",,., "l~\'j 0 1981 M1 CAJrm1ii'I.$:-Qr; c:~_p:n~s I --~~. ~--