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HomeMy WebLinkAboutResolution 3919 Intent to Annex 8553 Huffine Lane COMMISSION RESOLUTION NO. 3919 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 INHABIT ANTS 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 Norton Ranch Inc., 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 withm the boundaries of the City of Bozeman, Montana, a certain contIguous tract of land lymg at approXImately 8553 Huffine Lane. WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as fc)llows: A tract of land being the southeast one-quarter of the northwest one-quarter, the southwest one- quarter of the northeast one-quarter, the cast ()fie-half of the southwest one-quarter and the west one-half of the southeast one-quarter of Sectlon 9, Township 2 South, Range 5 East, P.M.M., Gallat111 County, Montana. WHEREAS, this tract contains 241:1: acres ofland, more or less, along with and subject to all existmg 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 Gallatm County Clerk and Recorder's Office; and WHEREAS, an annexation staff report will be prepared and submitted to the CommIssIOn; and WHEREAS, the CommIssion will duly reVIew and consIder said written annexation staff report; and - 1 - WHEREAS, prior to annexation, an agreement between the CIty and the owner of smd tract addressmg Issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights of way, public street and utility easements, water rights or cash-m-lieu, WaIvers of right to protest creation of SpecIal Improvement Districts, impact fees, water and sewer hookup fees, sewer and water capacIty analysis, and traflic impacts 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 wIthm 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 descnbed 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 BOL:eman be extended so as to include the contiguous tract hereinbefore descnbed withm 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 Gallatm County Courthouse on the 21 st day of August 2006, at 6:00 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. - 2 - Section 3 Pursuant to Section 7-2-4312, M.C.A., the City Clerk shall: a. Immediately notify in wntmg, addressed to the address to which tax notices are sent, all owners and purchasers under contract f()r deed of the property III said conttguous tract to be anncxcd; and b. Cause a notice to be published in the Bozeman DaIly Chronicle, the ncwspapcr ncarcst thc 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 Clcrk 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 thc 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. 16th day of August, 2006. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the I ih day of July, 2006. ATTEST: ~~ BRIT FONTENOT City Clerk - 3 - - 4 - APPROVED AS TO FORM: J'.'J NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the CIty of Bozeman held on the 17th day of July, 2006, Commission Resolution No. 3919 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 241:1: acres of real property, proposed for annexation by Norton Ranch Inc., lying at approximately 8553 Huffine Lane, in the County of Gallatin, State of Montana, is described as follows: A tract of land being the southeast one-quarter of the northwest one-quarter, the southwest one- quarter of thc northeast one-quarter, thc east onc-half of the soudl\vest one-quarter and dl.e wcst one-half of the southeast one-lluarter of Secl10n <J, Township 2 South, Range 5 East, P.M.M., Gallattn 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 owner of the area proposed to be annexed. The deadline for this written comment is 5:00 p.m. on 16th day of August, 2006. In addition, a publIc heanng shall be held on the 2pt day of August, 2006 at 6:00 p.m. in the Community Room of 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 18th day of July, 2006. Publish: Thursday, July 27,2006 Thursday, August 3, 2006