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HomeMy WebLinkAboutResolution 2533 Intent to annex Aaker, 34.7519 acres: 11-14-84 COMMISSION RESOLUTION NO. 2533 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 request from Ralph K. and Steven R. Aaker petitioning 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, as altered for annexation purposes, which is located along the west side of South 19th Avenue just south of the Montana State University Disease Control Center in the County of Gallatin, State of Montana, is as follows: Two tracts of land located in the Southeast Quarter and the Southwest Quarter, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana and being more particularly described as follows: Beginning at the center of said Section 14; Thence East, along the east/west quarter line, a distance of 2430.47 feet; Thence along the curve to the right having a central angle of 90000'00" and a radius of 300.00 feet an arc distance of 471.24 feet; Thence West a distance of 1982.89 feet; Thence South 00009'16" West, a distance of 2297.84 feet; Thence North 89018'16" West, a distance of 148.40 feet; Thence North 00009'16" East, along the north/south quarter line, a distance of 2596.04 feet to the true point of beginning and containing 24.020 acres. Beginning at the east quarter corner of said Section 14; Thence West, along the east/west quarter line, a distance of 59.69 feet to the true point of beginning; Thence South 00038'57" West, along the westerly right-of- way of South Nineteenth Avenue, a distance of 139.67 feet; Thence South 00031'57" West, along the westerly right-of-way of South Nineteenth Avenue, a distance of 527.25 feet; Thence West, along the southerly right-of-way of Remington Way extended, a distance of 524.44 feet; Thence, along the curve to the left which is the southerly right-of-way of Remington Way extended, having a central angle of 45000'00", and a radius of 120.00 feet, an arc distance of 94.23 feet; Thence South 45000'00" West, a distance of 21.87 feet; Thence West, a distance of 484.86 feet; Thence North, a distance of 417.50 feet; Thence East, a distance of 691.10 feet; Thence, along the curve to the left, having a central angle of 90000'00", and a radius of 300.00 feet, an arc distance of 471.24 feet to a point on the east/west quarter line; Thence East, along the east/west quarter line, a distance of 83.00 feet to the true point of beginning and containing 10.7319 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 Commission's goals and policies for annexation and was presented to the Commission on November 5, 1984; 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 -2- 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 third day of December , 1984, 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: 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 -3- 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 14th day of November 1984. ATTEST: r? J: c11$~ ROBIN L. SULLIVAN CLERK OF THE CITY COMMISSION A~ROVED AS~J ---fA,( t! -s I( .,_i ~ City A -4- ; I ' I NOT ICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 13th day of November 1984, Commission Resolution No. 2533 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 along the west side of South 19th Avenue just south of the Montana State University Disease Control Center in the County of Gallatin, State of Montana, and is more particularly described as follows: Two tracts of land located in the Southeast Quarter and the Southwest Quarter, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana and being more particularly described as follows: Beginning at the center of said Section 14; Thence East, along the east/west quarter line, a distance of 2430.47 feet; Thence along the curve to the right having a central angle of 90000'00" and a radius of 300.00 feet an arc distance of 471.24 feet; Thence West a distance of 1982.89 feet; Thence South 00009'16" West, a distance of 2297.84 feet; Thence North 89018'16" West, a distance of 148.40 feet; Thence North 00009'16" East, along the north/south quarter line, a distance of 2596.04 feet to the true point of beginning and containing 24.020 acres. Beginning at the east quarter corner of said Section 14; Thence West, along the east/west quarter line, a distance of 59.69 feet to the true point of beginning; Thence South 00038'57" West, along the westerly right-of- way of South Nineteenth Avenue, a distance of 139.67 feet; Thence South 00031'57" West, along the westerly right-of-way of South Nineteenth Avenue, a distance of 527.25 feet; Thence West, along the southerly right-of-way of Remington Way extended, a distance of 524.44 feet; Thence, along the curve to the left which is the southerly right-of-way of Remington Way extended, having a central angle of 45000'00", and a radius of 120.00 feet, an arc distance of 94.23 feet; Thence South 45000'00" West, a distance of 21.87 feet; Thence West, a distance of 484.86 feet; ... , ill ":. I. Thence North, a distance of 417.50 feet; Thence East, a distance of 691.10 feet; Thence, along the curve to the left, having a central angle of 90000'00", and a radius of 300.00 feet, an arc distance of 471.24 feet to a point on the east/west quarter line; Thence East, along the east/west quarter line, a distance of 83.00 feet to the true point of beginning and containing 10.7319 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 Monday, December 3, 1984, 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. ;.~I"TPIIl!~ ,_, ,41;1. ,. ,., .~~~;iliJl~ NOTICE IS HEREBY (lIVEN \ ~~~~I~~, ~~ . Afftbauit of 'ubltndbtn~..,~..::=,. entmecr.' . A ........... of .... .CIIr c.......... of .... CItf .. ................... ~ STATE OF MONTANA, } ...It.. be.... .......... County of Gallatl'n. SS'. .... ettr of IH UiI'I. .. II' ."UIII ai .. IA'II t .,.... of .. I ,If..... .......... to .at; .. " .--.--Viv.ie -For-tne-ll-.......-......--.--.--. -......- _no...m.m_m......____, being duly sworn. ..........'.......... ,.,....,., ........ to k ......... 11I1IF 1ft P'Ie .. deposes and says: That m~e is___..um....mEriJlQj.P.~l"j;!J,~.:r.uu..m~-..__----m__- ..... of......._. of the Bozeman ____Dail,y.mn___Chronicle, a newspaper of general cireulatiOn,~Ii.~-:;.~'~~. .:n.t,._,;~"~ printed and published in Bozeman, Gallatin County, Montana.; and that the: e~:~:o:o:.~ ,.~"..=:v ~ notice hereunto annexed (......QQmooj._~.9_iQ..n..B~.9.Q~1).tiQ.nnN..9_..m25..33-...-u_---..~:,:' .. .' .... ttIj.- .~ Of: 0iJlijn. .. of. . m_ .. .~~~~.~.~._~_~___~~~~~":~m_____........___"n.__mmm________.___._.__m._"_......._______...__. ~~~"~ _..) , , , two tractI or land loCated In has been correctly published in the regular and entire issue of every number a ::::::-=~= .---.... 14. T(!WIIIihIp 2 Soultt. "-lfle for. 'm2_.n__ consecutive ___.m..nmltl.ef!kSnm...~..mm. the first of which publicati w n ~:..~='= :........- tlcuIaIy dMcd*l .. foIlcM'i' 84 day of. . __ ___....~().~~~~.e:-_____nm...m..m. 19, and the last on the.mm_...??~_...,.. -.--..... y Cl'=:ig:~.r::=~J9...... , ,"the .IMt,_ .,., .mmmm U-A" .... ',. ..... _,__..C....... feel; Tt1el\cIt .. ... ., ,. Subscribed ami sworn to before me this .....2.6.iLu.._ day Of.._"h:':::'.':::_~;l.m.NoJl.e.iDb.e '. :... ::~l. '. 9...&4 ./ 7 IIdIUI or 00 .. " " . m......m_~Z~.~.m": 58: ~s:: ",_,_., \'_ Notary Public for the St ,~ till at So-an', .'. 01 _u, ..." -r" ", feet'"' NoIth NOTARY PUBLIC I! 00.W18" e... ..flIt:: Re:;.lClng a! 80zen ' .... "'.\ " My CommiSSIon e: i'" ,'. . __L_