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HomeMy WebLinkAboutResolution 2566 Intent to annex McRay Evans, 1.925 acres: 8-12-85 '., COMMISSION RESOLUTION NO. 2566 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 McRay Evans 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 east of South Rouse Avenue and south of the future extension of East Lincoln Street in the County of Gallatin, State of Montana, is as follows: A parcel of land located in the southeast quarter of Section 18, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: Beginning at the center of Section 18, Township 2 South, Range 6 East, P.M.M.; thence south 00000'07" west, along the North-South one-quarter line, a distance of 49.50 feet to the true point of beginning; thence south 89019'34" east a distance of 373.26 feet; thence south 09041'06" west a distance of 68.52 feet; thence south 24018'35" west a distance of 122.36 feet; thence south 01009'10" west a distance of 69.05 feet; thence north 89006'41" west a distance of 310.00 feet; thence north 00000'07" east a distance of 247.66 feet to the true point of beginning, said parcel being Tract 1 of C.O.S. No. 688 according to the official plats on file at the Gallatin County Clerk and Recorder's Office and containing 1.925 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 ".._..r 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. -2- _.~ "-' 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 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 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 12th day of August 1985. ATTEST: rPJ: alJ~ ROBIN L. SULLIVAN CLERK OF THE CITY COMMISSION APl'\IOVEIl AS J: fOIIIi ----yAC -,; 1>," ~qc<_ City Attorn Y -3- ...-ll!'''::~'''_ , , :'! 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. 2566 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 east of South Rouse Avenue and south of the future extension of East Lincoln Street in the County of Gallatin, State of Montana, and is known as the McRay Evans Annexation, and is more particularly described as follows: A parcel of land located in the southeast quarter of Section 18, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: Beginning at the center of Section 18, Township 2 South, Range 6 East, P.M.M.~ thence south 00000'07" west, along the North-South one-quarter line, a distance of 49.50 feet to the true point of beginning~ thence south 89019'34" east a distance of 373.26 feet~ thence south 09041'06" west a distance of 68.52 feet~ thence south 24018'35" west a distance of 122.36 feet~ thence south 01009'10" west a distance of 69.05 feet~ thence north 89006'41" west a distance of 310.00 feet~ thence north 00000'07" east a distance of 247.66 feet to the true point of beginning, said parcel being Tract 1 of C.O.S. No. 688 according to the official plats on file at the Gallatin County Clerk and Recorder's Office and containing 1.925 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. ~;' ~ " , ..' . . 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 \ printed and published in Bozeman, Gallatin County, Montana. and that the '::"_- .....,...~ -- """S H' NOTICE \ - Notice Is hereby given that at . ~ a regular sesslon of the COf'!)- n mlslOn of the City of Bo~ma!l 11, held on the 12th day of August 1985. Commission Resolutlon . A No. 2566 was duly and regu- x' larty p48aed and adopted. -I SaId Resolution ~ entltled: _: It. ............ 01 .... CIty p ~ of tIie CIIJ 01 B ......... ........... dtcIer- 9 ... n to be .... 1n....1IcJn of " .... CIlJ of .......... 'he, I I..........._~ MId ,he ( ,.............. . Tract .ofl Land Con 10 ...i . CIlJ of ......... ........i _ ,*,,''''f~ dMCribed, I 10 u-.nd llelloundartM of aaId CIIJ aI .......' .. - 10 1ncIuda.....~ -lr'li~~~.: , The real pi'ope~y pioposed - .___.....,.... mmn_..m....____._..mmnm...m-.--.....nmm....--m-----------..-.---_____n.n______._____ ~~ ::~)(~~~~ l~:~~ ~~~) , south of the future 8l<tenslon . ' of East LIncoln Street .In the has been correctly published 1ft the regular and entIre iuue of every number of County of Gallatln, Stllta of em. Montana. and Is known as the ' . . . " McR8y Evans Annexation. and for. .....2.__.. consecut1ve...___...J..ns.e:t:'-tJ.~.-------., the fint of which publication wu ml, Is mora ~rfy,clIflCr\l:Il!cl ...m. 6S follows. ". ....' day oL..,.........__.._~~~?~~...nn...-.m...n 19, and the last on the..........___ng2.___......__.___.day of.. t:e ~~~~~~~t ~~~rt~C;C~~e~e: L.___~5 m1!~;flJg~0JY~.~.~::.__.__........~ <~~ =.~t~~lc :mm. more' psrtlcularly described ss Subscribed and sworn to before me this .-.....25jl......... day OL.~.m_.........____' u.-p;u..st......-.-... fOIlO~~~lng at t.. . ". J ,o~ 9.g~ '. /. ..,~P:M.M.: imlnbe ..___m...... ... .. - ...b south 00.00'07" west, along .---.. the North-South, one-quarter Notary Public for the StatlllBl \lll 'IIII_I_ULI at Bozeman, Montana J\ffthautt of 'ubltrattnn STATE OF MONTANA, } County of Gallatin. SB. .. .....-_.... __.__. .......-.__.~~y....4T~0.~:::.~m. m_._m...,......__..__....,mm..' being duly sworn, deposes and says: That .s he ism_..?r.inci,pal..9ler.k...mm..----m--.------m--- of the Bozeman ......Da.iJ".y...m..-Chronicle, a newspaper of general c1reulation, notice hereunto annexed (...nAnnex.a.t.ioIl..East._.o..f..-SQu.th-_Rous.e.....______n J , ,"'" )1', i,c,! It, State 01 Montana M01MW 1'"...- .. ,..,,' a ,."......0.\., ,Ai..tan Residing at (.0."".,;" ~ lu\~ 6. \981 ,. ".~lTI\''''')11 e~""IC t"y w""p ..-<,