HomeMy WebLinkAboutResolution 3873 Intent to annex Churn Creek Partners LLC tract
COMMISSION RESOLUTION NO. 3873
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 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 CT A landworks Group and Bechtle Slade PC, representing Churn Creek Partners llC,
owners of the tract sOU~ht to be annexed herein, requesting the City Commission to extend the
boundaries of the City 0 Bozeman so as to include within the boundaries of the City of Bozeman.
Montana. a certain contiguous tract of land located on the east side of Story Mill Road approximately
2,000 feet north of the intersection of Mcllhattan Road and directly east of the City of Bozeman landfill;
and
WHEREAS. the legal description of this contiguous tract. in the County of Gallatin. State of
Montana. is as follows:
A tract of land located in the SY:l of Section 29, Township 1 South. Range 6 East.
P.M.M., Gallatin County. Montana, being more particularly described as follows:
Beginning at the southeast corner of said Section 29. thence N88048'10"W, 315.00
feet; thence N01011'50"E. 140.00 feet; thence N88048'10"W, 311.14 ft.; thence
S01 o11'50"W. 140.00 feet; thence N88048'10"W, 2000.57 ft.; thence N89038'09"W.
2628.44 feet to the southwest corner of said Section 29; thence NOoo28'03"E.
2633.98 feet to the west 1/4 corner of said Section 29; thence S89017'57"E, 5186.01
feet to the east 1/4 corner of said Section 29; thence S01 o01'40"E. 2642.48 feet to
the point of beginning; and
WHEREAS. this tract contain 313.95 acres of land. more or less. along with and subject to all
existing easements of record or of fact; and
WHEREAS. the above-described tract is the subject of plats. Certificates of Surveyor deed,
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 tract
addressing issues that are in the best interests of the City of Bozeman. such as, but not limited to. water
rights or cash-in-Iieu. waivers of right to protest creation of SIDs. completion of the Growth Policy
Amendment and adoption of a subarea plan, to said contiguous tract 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 tract herein before described to extend the boundaries of the City
of Bozeman so as to include said contiguous tract 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 tract hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of 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
Community Room in the Gallatin County Courthouse of said City on Monday, 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, MCA, 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 tract to be annexed; 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 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 17th day of October 2 5.
AN
ATTEST:
~~sL#~
City Clerk
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. 3873 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 TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
The 313.95 acres of real property, proposed for annexation by CTA Landworks Group and
Bechtle Slade PC, representing Churn Creek Partners LLC, located on the east side of Story Mill Road
approximately 2,000 feet north of the intersection of Mcllhattan Road and directly east of the City of
Bozeman Landfill, is described as follows:
A tract of land located in the S~ of Section 29, Township 1 South, Range 6 East,
P.M.M., Gallatin County, Montana, being more particularly described as follows:
Beginning at the southeast corner of said Section 29, thence N88048'10"W, 315.00
feet; thence N01011'50"E, 140.00 feet; thence N88048'10"W, 311.14 ft.; thence
S01 o11'50"W, 140.00 feet; thence N88048'10"W, 2000.57 ft.; thence N89038'09"W,
2628.44 feet to the southwest corner of said Section 29; thence NOoo28'03"E,
2633.98 feet to the west 1/4 corner of said Section 29; thence S89017'57"E, 5186.01
feet to the east 1/4 corner of said Section 29; thence S01 o01'40"E, 2642.48 feet to
the point of beginning.
For a period of twenty (20) days following the first publication of this Notice, the Clerk of
Commission 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 owner 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 in the
Gallatin County Courthouse, at 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 October 2005.
ROBIN L. SULLIVAN
City Clerk
Legal Ad
Publish: Thursday, November 10, 2005
Thursday, November 17, 2005
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3873
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 313.95 ACRES LOCATED ON THE EAST SIDE OF STORY MILL ROAD
APPROXIMATELY 2,000 FEET NORTH OF THE INTERSECTION OF MCILHATTAN ROAD
AND DIRECTLY EAST OF THE CITY OF BOZEMAN LANDFILL
IN THE COUNTY OF GALLATIN, STATE OF MONTANA
, of Churn Creek Partners, LLC, 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.
Churn Creek Partners, LLC
NOTARY PUBLIC
STATE OF )
COUNTY OF )
On the day of 2005, before me, a Notary Public for the State of
Montana, personally appeared ,
of Churn Creek Properties, 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 for and on behalf of Churn Creek
Partners, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year
first written above.
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