HomeMy WebLinkAboutResolution 2960 Declaring intention to extend boundaries of Bozeman
COMMISSION RESOLUTION NO. 2960
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 PARTICULARL Y 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 Morrison-Maierle/C55A, consulting engineer on behalf of Donald
v. and Bethene R. Alderson, owners of the entire tract sought to be annexed herein,
requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include a certain contiguous tract of land lying along the south side of Huffine Lane/U.S.
Highway 191, west of Ferguson Road extended within the boundaries of the City of
Bozeman, Montana; and
WHEREAS, the legal description of this contiguous tract, which is generally bounded
by Huffine Lane/U.5.Highway 191 on the north and Ferguson Avenue extended on the east,
in the County of Gallatin, State of Montana, is as follows:
A tract of land located in the Northwest one-quarter of Section 15,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana, and more specifically described as follows:
Beginning at a point which is 48.5 feet south of the NE corner of the NW%
of Section 15, thence S 00020'38" W a distance of 1220.10 feet, thence
S 89023'54" W a distance of 222.58 feet, thence S 54036'06" W a
distance of 122.60 feet, thence 5 46018'04" W a distance of 162.56 feet,
thence 565043'19" W a distance of 417.86 feet, thence N 03034'57" W
a distance of 1299.02 feet, thence N 03006'19" E a distance of 205.84
feet, thence 587034'43" E a distance of 88.50 feet, thence N 01 044'52"
E a distance of 85.86 feet, thence S 89032'04" E a distance of 807.29
feet to the point of beginning; and
WHEREAS, this tract contains 27.5 acres of land; 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
October 4, 1993; 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, traffic signals, water rights or cash-in-Iieu,
waivers of right to protest creation of 51 D's, 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 tract hereinbefore described to extend the
boundaries of the City of Bozeman so as to include said contiguous tract 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 freeholders 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 bourtdaries of the 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 4th day of April
1994, at 7:00 p.m., be 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:
8. 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 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.
- 2 -
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 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, the Clerk of the City Commission 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 session thereof held on the 7th day of March 1994.
ATTEST:
(?~~~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
- 3 -
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of Bozeman held on the 7th day of March 1994, Commission Resolution No. 2960 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 27.5 acres of real property proposed for annexation by Morrison-Maierle/CSSA,
consulting engineer, on behalf of Donald V. and Bethene R. Alderson, is bounded by Huffine
Lane/U.S. Highway 191 on the north and Ferguson Road extended on the east, in the
County of Gallatin, State of Montana, is as follows:
A tract of land located in the Northwest one-quarter of Section 1 5,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana, and more specifically described as follows:
Beginning at a point which is 48.5 feet south of the NE corner of the NW%
of Section 15, thence S 00020'38" W a distance of 1220.10 feet, thence
S 89023'54" W a distance of 222.58 feet, thence S 54036'06" W a
distance of 122.60 feet, thence S 46018'04" Wa distance of 162.56 feet,
thence S 65043'19" Wa distance of 417.86 feet, thence N 03034'57" W
a distance of 1299.02 feet, thence N 03006'19" E a distance of 205.84
feet, thence S 87034'43" E a distance of 88.50 feet, thence N 01 044'52"
E a distance of 85.86 feet, thence S 89032'04" E a distance of 807.29
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 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, April 4, 1994, 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 8th day of March 1994.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Friday, March 11, 1994
Friday, March 18, 1994
6C
~
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 2960
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 27.5 ACRES GENERAllY lOCATED
ALONG THE SOUTH SIDE OF HUFFINE lANE/U.S. HIGHWAY 191
AND THE WEST SIDE OF FERGUSON ROAD EXTENDED
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
..2J&AI /J ? .P j/' and $d~t:7 ,f 4t--/M:frJdo hereby
~
aCknowledge that on the I t( day of March, 1994, they received a COpy of said Notice
---
and hereby waive any requirement for personal service of said Notice. And, further, that
they presently reside in Gallatin County, State of Montana.
DATED this It( (il day of March 1994.
~
w~CfJq~
NQT ARY PJ.l13J..JC.
STATE OF MONTANA )
COUNTY OF GALLA TIN )
On the /,./ day of March, 1994, before me, a Notary Public for the State of
,
Montana, personally appeared J>tJ Al4~r) ;/ and
k./iliA/k R 4t!)~J?J1J;t/ , and known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first written above.
-'
Ii for the .. ",,6~(!vlontana
... .......... . .
Residing t Bozeman, MaJ~twa ' ,
My commission eXPires:~J:l'~13 ._/qqt.../