HomeMy WebLinkAboutResolution 3635 Intent to annex McDonald tract
COMMISSION RESOLUTION NO. 3635
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 McDonald Land Company, owner of the tract 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, a certain contiguous tract of land lying along the north side
of Durston Road, south side of the extension of West Oak Street, and east of Sanders Avenue.
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
A tract of land being the E1/2W1/2SW1/4 and the W1/2W1/2E1/2SE1/2 Section 3,
T2S, R5E, P.M.M., Gallatin County, Montana, and being further described as follows:
Beginning at a point on the south line of said Section 3 which bears S89059'47"W a
distance of 982.44 feet from the southeast corner of said Section 3, said point being
the W-E-E 1/256 corner of said Section and the southwest corner of Diamond Estates
Subdivision No.1; thence along the south line of said Section 3 S89059'47"W a
distance of 982.43 feet to the W-E1/64 corner of said Section, said point also being
the southeast corner of Diamond Estates No. 2 Subdivision; thence along the
W-E1/64 line of said Section and the east line of Diamond Estates NO.2 Subdivision
NOoo58'57"E a distance of 2642.94 feet to the C-W-E1/64 corner; thence along the
E-W mid-section line of said Section 3 N89048'24"E a distance of 988.66 feet to the
C-W-E-E1/64 corner, said point also being the northwest corner of Diamond Estates
Subdivision No.1; thence along the W-E-E line and the west line of Diamond Estates
Subdivision NO.1 S01 o06'58"W a distance of 2646.33 feet to the Point of Beginning.
WHEREAS, this tract contains 59.823 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 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 tract
addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights
of way, easements, water rights or cash-in-lieu, waivers of right to protest creation of SIDs, impact fees
and water and sewer hookup fees, 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 hereinbefore 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 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
Commission Room in the Municipal Building of said City on the 17th day of November 2003, 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 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 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
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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, and that the Clerk of the City Commission 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 Clerk of Commission not later than 5:00 p.m. on Wednesday, November 12,
2003.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 20th day of October 2003.
ST~~~
ATTEST:
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Clerk of the Commission
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 20th day of October 2003, Commission Resolution No. 3635 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 59.823:t acres of real property, proposed for annexation by McDonald Land Company, lying
along the north side of Durston Road, south side of the extension of West Oak Street, and east of
Sanders Avenue, in the County of Gallatin, State of Montana, is described as follows:
A tract of land being the E1/2W1/2SW1/4 and the W1/2W1/2E1/2SE1/2 Section 3,
T2S, R5E, P.M.M., Gallatin County, Montana, and being further described as follows:
Beginning at a point on the south line of said Section 3 which bears S89059'47"W a
distance of 982.44 feet from the southeast corner of said Section 3, said point being
the W-E-E1 /256 corner of said Section and the southwest corner of Diamond Estates
Subdivision No.1; thence along the south line of said Section 3 S89059'47"W a
distance of 982.43 feet to the W-E1/64 corner of said Section, said point also being
the southeast corner of Diamond Estates No. 2 Subdivision; thence along the
W-E1/64 line of said Section and the east line of Diamond Estates NO.2 Subdivision
NOoo58'57"E a distance of 2642.94 feet to the C-W-E1/64 corner; thence along the
E-W mid-section line of said Section 3 N89048'24"E a distance of 988.66 feet to the
C-W-E-E1/64 corner, said point also being the northwest corner of Diamond Estates
Subdivision No.1; thence along the W-E-E line and the west line of Diamond Estates
Subdivision NO.1 S01 o06'58"W a distance of 2646.33 feet to the Point of Beginning.
Said tract being 59.823 acres along with and subject to any existing easements.
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 12,2003. In addition, a
public hearing shall be held on Monday, November 17, 2003, at 7:00 p.m. in the Commission Room of
City Hall, at 411 East 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 21st day of October 2003.
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Clerk of the Commission
Publish: Thursday, October 23, 2003
Thursday, October 30, 2003