HomeMy WebLinkAboutResolution 3918 Intent to Annex Tract in SW1/4 NW1/4 and NW1/4 SW1/4 S24 T2S R5E
COMMISSION RESOLUTION NO. 3918
A RESOLUTION OF THE CITY COMMISSION o.F THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE
CITY o.F BOZEMAN, THE INHABIT ANTS THEREOF AND THE
INHABIT ANTS OF A TRACT O"~ LAND CONTIGUOUS TO SAID CITY OF
BOZEMAN, AND HEREIN MORE P ARTICULARL 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 Edward Wachs, owncr 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 at approximately 3800 S. 19th
A venue.
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
A tract of land being Southwest y,. of the Northwest y,. and the Northwest y,. of the Southwest y,.
of Section 24, T2S, R5E, P.M.M., Gallatin County, Montana.
WHEREAS, this tract contains 79.98:l:: acres ofland, 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 will be prepared and submitted to the Commission; and
WHEREAS, thc Commission will duly review and consider said written annexation staff
report; and
WHEREAS, prior to annexation, an agreement between the City and the owner of said tract
addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of
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way, public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of
Special Improvcment Districts, impact fees, water and sewer hookup fees, sewer and watcr capacity
analysis, and traffic impacts to said contiguous tract and othcr parccls directly affcctcd or impactcd by this
anncxation, shall be fully executed; and
WHEREAS, it will be in the bcst interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tract hcreinbcfore dcscribed to cxtcnd thc boundaries of the City
of Bozeman so as to include said contiguous tract of land hereinbcfore dcscribed within the corporate
limits of said City of Bozeman, Montana.
NOW, THEREFORE, BE IT RESOLVED by the City Commission ofthc City of Bozcman,
Montana:
Section I
That it is hercby declarcd, 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 propcrty 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 Bozcman 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 thc City of Bozeman, Montana, to be held in the
Community Room in the Gallatin County Courthouse on the 17th d~Y~'QiIII\I;fH:lI,a.t"6:00iP.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 Scction 7-2-4312, M.C.A., the Clerk of the City Commission shall:
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a. Immediately notify in writing, addressed to the address to which tax notices
are sent, all owners and purchasers under contract for dced of the property
in said contiguous tract to be annexed; and
b. Cause a notice to be published in the Bozeman Daily Chronicle, the
newspapcr 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
Thc 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 cxtension of thc boundaries of the City of
Bozeman from rcal 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. I ih day of July, 2006.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 5th day of June 2006.
ATTEST:
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BRIT FONTEN T
Clerk of the CQ~mission
APPROVED AS TO FORM:
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