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HomeMy WebLinkAboutResolution 3872 Intent to annex Louis, Burden Secor, Campbell tracts COMMISSION RESOLUTION NO. 3872 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF 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 has been presented to the City Commission of the City of Bozeman a written application from William H. Louis, Brenda Burden, James O. Secor, and Bruce W. Campbell, owners of the tracts sought to be annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana, certain contiguous tracts of land lying along the west side of Thomas Lane, north of Baxter Lane; and WHEREAS, the legal description of these contiguous tracts, in the County of Gallatin, State of Montana, is as follows: Lots 1,4,5,6, and 7, Baxter Lane Subdivision No.1, located in the E~ of the E~ of the SW'Y4 of Section 35, T1S, R5E, P.M.M., Gallatin County, Montana; and WHEREAS, these tracts contain a total of 4.55:t acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tracts are the subject of plats or Certificates of Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, an annexation staff report has been prepared and submitted to the Commission; and WHEREAS, the Commission has duly reviewed and considered said written annexation staff report; and WHEREAS, prior to annexation, an agreement between the City and the owners of said tracts addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of way, easements, traffic signals, water rights or cash-in-lieu, waivers of right to protest creation of SIOs, impact fees, and water and sewer hookup fees, to said contiguous tracts and other parcels directly affected or impacted by this annexation, shall be fully executed; and WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants 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 of land hereinbefore described within the corporate limits of said City of Bozeman, Montana. 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 the services to the contiguous tracts hereinbefore described will be the subject of a mutual agreement between the City of Bozeman and the real property owners of the tracts, 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 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 Community Room in the Gallatin County Courthouse of said City on the 5th day of December 2005, at 7:00 p.m., 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 City Clerk shall: a. Immediately notify in writing, addressed to the address to which tax notices are sent, all owners and purchasers under contract for deed of the property in said contiguous tracts to be annexed; and 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. Section 4 The notice to be given by the City Clerk shall be to the effect that such resolution has been duly and legally passed, and that the City Clerk will receive written comments of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from real property owners of the area proposed to be annexed, and that the written comments, if any, must be filed with the City Clerk not later than 5:00 p.m. on Wednesday, November 30, 2005. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of November 20 5. ATTEST: ~sLvP~ City Clerk - 2 - NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 7th day of November 2005, Commission Resolution No. 3872 was duly and regularly passed and adopted. Said Resolution is entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF 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 4.55:t: acres of real property, proposed for annexation by William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell, lying along the west side of Thomas Lane, north of Baxter Lane, in the County of Gallatin, State of Montana, is described as follows: Lots 1,4,5,6, and 7, Baxter Lane Subdivision No.1 located in the E~ of the E~ of the SW1fr. of Section 35, T1S, R5E, P.M.M., Gallatin County, Montana. For a period of twenty (20) days fOllowing the first publication of this Notice, the City Clerk will receive comments, in writing, of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from the real property owners of the area proposed to be annexed. The deadline for this written comment is 5:00 p.m. on Wednesday, November 30, 2005. In addition, a public hearing shall be held on Monday, December 5, 2005, at 7:00 p.m. in the Community Room of the Gallatin Country Courthouse,311 West Main Street, Bozeman, Montana, for the purpose of hearing testimony in support of or in opposition to the annexation of the above-described real property. DATED this 8th day of November 2005. ROBIN L. SULLIVAN City Clerk Legal Ad Publish: Thursday, November 10, 2005 Thursday, November 17, 2005 ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3872 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 4.55 ACRES LYING ALONG THE WEST SIDE OF THOMAS LANE, NORTH OF BAXTER LANE IN THE COUNTY OF GALLATIN, STATE OF MONTANA does hereby acknowledge that on the day of , 2005 (s)he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that (s)he presently resides in County, State of DATED this day of 2005. NOTARY PUBLIC STATE OF ) COUNTY OF ) On the day of 2005, before me, a Notary Public for the State of Montana, personally appeared , known to me to be the person whose name is subscribed to the within instrument and aCknowledged to me that (s)he executed the same. I N WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. 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