HomeMy WebLinkAboutResolution 2557 Annexing Smith Parcel, 243.3911 acres: 6-03-85
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FILM 88rAGE 936
COMMISSION RESOLUTION NO.
2'157
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOZEMAN, MONTANA, EXTENDING THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE A TRACT OF LAND CONTIGUOUS TO SAID
CITY AND REFERRED TO AS THE SMITH PARCEL,
HEREIN MORE PARTICULARLY DESCRIBED, WITHIN
THE CORPORATE LIMITS THEREOF.
WHEREAS, Commission Resolution No. 2515 was adopted by
the City Commission on January 28, 1985, 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 within
the corporate limits of the City;and
WHEREAS, said tract contains approximately 243.3811
acres and is bounded by Durston Street on the south, the
northerly extension of North 19th Avenue on the east and the
northerly extension of North 28th Avenue on the west; and
WHEREAS, a public hearing on Commission Resolution
No. 2515 was duly noticed and held on February 19, 1985; and
WHEREAS, on February 25, 1985, the Commission voted to
approve the intent to annex the tract as established in
Commission Resolution No. 2515 subject to the following
condition:
A written agreement be negotiated by the City
and the freeholders of the tract that defines 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.
WHEREAS, the provision of services to said contiguous
tract is subject to a written agreement between the City and
Roger H. Smith and Rosalind I. Smith, record owners of the
tract, dated May 28, 1985; and
WHEREAS, said contiguous tract is described by
Certificate of Survey No. 1240, as filed and in the office
of the Clerk and Recorder of Gallatin County, Montana;
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Bozeman, Montana:
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FltM 88r!UE 937
Section 1
That it is hereby declared that pursuant to Title 7,
Chapter 2, Part 43, M.C.A., the following property
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 so as to embrace
and include such property, to wit:
A tract of land being the S. 1/2 N.E. 1/4 and
the S.E. 1/4 of Section 2, T.2S., R.5E., P.M.M,
Gallatin County, Montana, and being further
described as follows:
Beginning at the point which is the section corner
common to Sections 1, 2, 11 and 12, T.2S., R.5E.,
P.M.M.: thence from said point of beginning along
the section line common to said Sections 2 and 11
S 89012'34" W a distance of 2706.86 feet to the
1/4 corner common to said Sections 2 and 11;
thence along the N-S midsection line of Section 2
N 00039'52" W a distance of 2654.41 feet to the
center 1/4 corner of said Section 2; thence
continuing along said N-S line N 01028'43" E a
distance of 1334.17 feet to the W. 1/16 corner of
the N.E. 1/4 of Section 2; thence along the North
1/16 line of Section 2 N 89032'44" E a distance of
2642.85 feet to the North 1/16 corner of Sections
1 and 2; thence along the section line common to
Sections 1 and 2 SOlo 31'29" W a distance of
1326.08 feet to the 1/4 corner common to said
Sections 1 and 2; thence continuing along said
line S 02003'59" E a distance of 2647.68 feet to
the point of beginning. Said tract being 243.3811
acres.
The above-described tract is depicted on
Certificate of Survey No. 1240 on file and of
record in the office of the Gallatin County Clerk
and Recorder.
Section 2
The effective date of this annexation is July 3, 1985.
Section 3
The annexation of the Smith Parcel is subject to the
terms of an agreement dated May 28, 1985, by and between the
City of Bozeman and Roger H. Smith and Rosalind I. Smith
regarding the provision of services.
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flLM 88 PAGE 938
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
3rd
day of
June
1985.
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COMMISSION
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CO..._RiiOLUTJON
MOo 2tI1
ArMotutl$'J '9f thi Clt~ 'Oonl-
mission of lh, Cit1l~, teo.1
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trect ,of lend ~'l9
lI8ldclty end referred to 18 the
Smith Parcel, herein mote
partloularly descrlbed;'w1....1fi
the cOrporate Ilmltathe(eQl,
CIty of Boteman . ,
tatateof Montana '
~nw of Gallllln '
1,'Robin L. SulllVlln. Clark of
ttllI, City CommlselonOf 1he
'efty of Bozeman. Montana; do .
,*,by certify Ihlll the forego.
ino is 1he Irue and correct tlt~
and llUmbtr of. Com~Qrl
Resolution No. 2551 pll$Sed
and adOpted al . refuler
sessIOO thereof held on '3f(l
dey of, June, 1985.
DatecFthls 4th day of June,
1985.
Roblnt.;.~ -
Cllrk,f the CIty ~
._no. u...._...... _______...-n-.._....m...g.l!.~.<?~_~!.~.?:n..~:?.~mE.?.~2____..__....._._n..._____.__.__- June "$ .:: ;, .'. .,) ·
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has been correctly publi.hed in the regular .nd entire iuue of every number of laid paper.....Q~E.9.?.~~.~!:..
for. m..tm... ~~...m...mI.ns.erti.on....., the fint of which public.tion wu m.de on the..............6.m..........
day of.-- ""n.___..u~~.~~.- ..._.................... 19, and the last on the.m.m..nm..?......_n....n.d.Y of.n_..~.~~.:............nm_n 19~~.
. m...__~~__..._.._.m._.._._m
Sub<cribed and lworato before me this .........1.2...... day of.._.:...:::.::.,~--_._.._......._...._._.. 19.-13
...............~.~....~..m...n.n.-._..
Notary Public for the State of Montana, reIlding .t
Bozem.n, Montana
!\ffibuutt of Jubltndton
STATE OF MONTANA, }
County of Gallatin. 5S.
.. _.........,..... .m....... ..m...m.~5?-.y.nJ~!.'~~si~~.~.. _....m.-..........-..-...... being duly sworn,
deposes and says: That she i.....Er.inci.wu-.9.1~..r.k.._.m...m.mn_m_....m--
of the Boteman ~~g.:Y:__.._.__..__.._Chronicle, a newspaper of general circulation,
printed and published in Bozeman. Gallatin County, Montana. and that the
City of Bozeman Commission
notice hereunto annexed (...... ....... -::.. ........m .......u....u......_......................... ....-.__..
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NOTARY l'U!lLlC for the Slale 01 Montant
Resi~j)'i2 rt f...J!~~rndl1! Mnnt~na
I.;,' C:i';I~:'.:;:,"":) :,,:;:'1..3 Ju::; 6. 1987