HomeMy WebLinkAboutResolution 3934 Intent to Annex 255 Moss Bridge Road
COMMISSION RESOLUTION NO. 3934
ARESOl,UTION OF TIlE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE
CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE OWNERS
OF TRACTS (U' LAND CONTIGlTOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS '1'0 INCLlJDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there ha~ been prc~ented to the City Corlltlllssion of the City of Bozeman a written
applIcation from the City of Bozeman and Northwestern Energy, owner of two of the three tracts sought
to be anncxcd herein, requesting the CIty Conulll~~lOn to extend the boundanes of the Clly of Bozeman so
as to include within the boundaries of the CIty of Bozeman, Montana, contiguous tracts of lancllYll1g at
approximately 255 Mo~s Briclge Road and lying northwest of thc intcrsection of Moss Bridge Road and
SprInghill Road.
WHEREAS, the legal clescription of this contiguous tract, in thc County of Gallatin, State of
Montana, IS as follow~:
A traet of land hcing Tract A-I-A( 1) of cas NO. 473C, Tract AI-A(2) of COS NO. 47.3C,
Tract A-2 of COS NO. 473A, Tract A-I-B of COS NO. 473B, Tract B of cas NO. 473,
Film 4 of Plats, Pagc 672 all located in the north 1/2 of Section 26, Township I South,
Range 5 East, P.M.M. Gallatin County, Montana, EXCEPT Tract I of cas NO. 1510.
Satd tract contains 150.54 acres, more or le~s, ~ub.Ject to all ea~ements of Road or apparent
on ground
Tract 1 of C.O.S. 10 15 sItuated in the SW 1,4 NE 14, Section 26, and Film 22 of Plats Pagc
1876 situated in the NE Y2 NE 14 NE 14 SW 14 Section 26, Township I South, Range 5
East, P.M.M., Gallatin County Montana.
Said tract contains 1.20 acres, more or less
Those portions of Montana RaIl Link Railroad and Montana Department of Transportation
rights-of-way withm the N Y2, Section 26, unci the E Y2 E 1/2 E Y2 NE 1/4 Section 27,
Township 1 South, Range 5 East, P.M.M. Gallatm County Montana
Said portions of rights-of-way being generally 660 feet wide having the Montana Rail Link
Railroad right-of-way occupying the northeasterly 400 feet and Montana Department of
- 1 -
Transportation right-of-way occupying the southeasterly portion remalntng. Said lands
comprising 41.67 acres, more or less.
Gallatin County rights-of-way for Nelson Road and Moss Bridge Road adjoining C.O.S.
No 4730, Gallatin County, Montana
Said lands comprising 2.68 acres, morc or less.
Total area of the WWTP Annexation 196.09 acres.
WHEREAS, this tract contains 196.09:t acrcs of land, more or less, along with and subject to
all existing casements of record or of fact; and
WHEREAS, the above-described tracts arc the subject of plats or Certificatcs of Survey, filed
in the office of the Gallatin County Clerk and Recorder's Officc; and
WHEREAS, an annexation staff report will be prepared and suhmitted to the Commission; and
WHEREAS, the Commission will duly rcview and consider said writtcn annexation staff
report; and
WHEREAS, prior to annexation, a plan for extension of municipal scrvices will be prepared to
meelthe requirements of Section 7~2-4732, M.C.A.; and
WHEREAS, it will be in the best interests of the City of Bozeman ancl the inhabitants thereof
and of thc owncrs of thc contiguous tracts hcreinbefore described to extend the boundarics of the City of
Bozeman so as to include said contiguous tract of land hcreinheforc described within the corporate limits
of said City of Bozcman, Montana.
NOW, THEREFORE, BE IT RESOLVED by thc City Commission of the City of Bozeman,
Montana:
Section 1
That it is herehy declared, subject to the condition that the proVIsIOn of the scrVIces to the
contiguous tract hcreinbefore describcd will be the subject of a extension of scrvices plan prepared hy thc
City of Bozeman, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of
- 2 -
the owners of said contiguous tracts that thc boundarics of said City of Bozcman be extendecl so as to
include the contiguous tracts hcreinbefore describcd within the boundarics and corporatc limits of the City
of Bozcman, Montana.
Section 2
That the regular session of thc Commission of thc City of Bozcman, Montana, to be held in the
Community Room in the Gallatin County Courthousc on thc 21st day of August 2006, at 6:00 p.m., is
hereby dcsignated as thc 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:
a. Immediately notify in writing, addressed to the address to which tax notices
are scnt, all owners and purchasers under contract for dced of thc propcrty
in said contiguous tract to be annexed; ancl
b. Cause a notice to be publishecl in the Bozeman Daily Chronicle, the
ncwspapcr nearest the parcel of land to be embraced within thc corporate
limits and bounclaries of the City of Bozcman, at lcast once a week for two
successive wecks.
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 thc proposed extension of the boundaries of the City of
Bozeman from real propcrty owncrs of the area proposed to be anncxcd, and that thc written comments, if
any, must be filed with the Clerk of Commission not later than 5:00 p.m. 21 SI day of August, 2006.
- 3 -
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thcrcof held on thc 31 st day of July 2006.
ATTEST:
~ .
~
BRIT FONTENOT
Clerk of the Conuni~~(;n
~(~
JEF Y KIlAuss, Mayor
~
~
- 4 -
s c,~ <-(
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of e City of
Bozeman held on the 31 sl day of ] uly, 2006, Commission Resolution No. _ 928
passed and aclopted. 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 INHABIT ANTS THEREOF AND THE OWNERS
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 TlIEREOF
The 196.0l):t acres of real property, proposed for anncxation by the City of Bozeman and
Northwestern Energy, lying at approximately 255 Moss Bridge Road, in the County of Gallatin, State of
Montana, is dcscribcd as foIlows:
A tract of land heing Tract A-I-A( I) of COS NO. 473C, Tract AI-A(2) of COS NO. 473C,
Tract A-2 of cas NO. 473A, Tract A-I-B of cas NO. 473B, Tract B of cas NO. 473,
Film 4 of Plats, Page 672 all located in the north 1/2 of Section 26, Township 1 South,
Range 5 East, P.M.M. Gallatin County, Montana, EXCEPT Tract 1 of cas NO. 1510.
Saicl tract contains 150.54 acres, more or less, suhject to all casemcnts of Road or apparent
on ground
Tract I of CO.S. 1015 situated in the SW 114 NE lA, Section 26, and Film 22 of Plats Page
1876 situated in the NE Y2 NE 114 NE 114 SW 114 Section 26, Township 1 South, Range 5
East, P.M.M., Gallatin County Montana.
Said tract contains 1.20 acres, morc or less
Those portions of Montana Rail Link Railroad and Montana Departmcnt of Transportation
rights-of-way within the N Y2, Section 26, and the E Y2 E Y2 E Y2 NE 114 Section 27,
Township 1 South, Range 5 East, P.M.M. Gallatin County Montana
Said portions of rights-of-way being generally 660 feet wicle having the Montana Rail Link
Railroad right-of-way occupying the northeasterly 400 feet and Montana Department of
Transportation right-of-way occupying the southeasterly portion remaining. Said lands
comprising 41.67 acres, more or less.
Gallatin County rights-of-way for Nelson Road and Moss Bridge Road adjoining CO.S.
No 473D, Gallatin County, Montana
Said lands comprising 2.68 acres, more or less.
Total area of the WWTP Annexation 196.09 acres.
for a period of twenty (20) days following the first puhlication of this Notice, the Clerk of
Commission will receive comments, in writing, of approval or disapproval of the proposed extension of
the houndarjes of the City of Bozeman from thc real propcrty owner of the area proposed to be annexed.
The deadline for this written comment is 5:00 p.m. on August 21, 2006. Tn addition, a public hearing
shall be held on the 21 st day of August, 2006 at 6:00 p.m. in the Community Room of the Gallatin County
Courthouse, at 311 East Main Street, Bozeman, Montana, for thc purpose of hearing testimony in support
of or in opposition to the anncxation of the above-descrihed real property.
DATED this 31st day of July 2006.
Publish: Friday, August 4, 2006
Friday, August I t, 2006
-',,-
ON AUGUST 4TH AND 1 ell OF 2006 THE FOLLOWING NOTICE WAS PUBLISHED WITH
THE FOLLOWING MISTAKE.
THE RESOLUTION NUMBER SHOULD BE 3934.
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 31 SI clay of July, 2006, Commission Resolution No. 3928 was duly and regularly
passcd 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 OWNERS
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 196.09::!:: acres of real property, proposed for annexation by the City of Bozcman ancl
Northwestern Energy, lying at approximately 255 Moss Bridge Roacl, in the County of Gallatin, Statc of
Montana, is clescribecl as follows:
A tract ofIand bcing Tract A-I-A(l) of cas NO. 473C, Tract A1-A(2) of COS NO. 473C,
Tract A-2 of cas NO. 473A, Tract A-I-B of cas NO. 473B, Tract B of cas NO. 473,
Film 4 of Plats, Page 672 all located in thc north 1/2 of Section 26, Township 1 South,
Range 5 East, P .M.M. Gallatin County, Montana, EXCEPT Tract 1 of cas NO. 1510.
Said tract contains 150.54 acres, more or less, subject to all easements of Road or apparent
on ground
Tract 1 of C.O.S. 1015 situated in the SW 114 NE lA, Section 26, and Film 22 of Plats Page
1876 situatcd in the NE Y2 NE 114 NE 114 SW 114 Section 26, Township 1 South, Range 5
East, P.M.M., Gallatin County Montana.
Saicl tract contains 1.20 acres, more or less
Those portions of Montana Rail Link Railroad and Montana Department of Transportation
rights-of-way within the N Y2, Section 26, and the E Y2 E Y2 E Y2 NE 114 Section 27,
Township 1 South, Range 5 East, P.M.M. Gallatin County Montana
Said portions of rights-of-way being generally 660 feet wide having the Montana Rail Link
Railroacl right-of-way occupying the northeasterly 400 feet and Montana Department of
Transportation right-of-way occupying the southeasterly portion rema1l1111g.Said lands
comprising 41.67 acres, more or less.
Gallatin County rights-of-way for Nelson Road and Moss Bridge Road adjoining CO.S.
No 473D, Gallatin County, Montana
Said lancls comprising 2.68 acres, more or less.
Total area of the WWTP Annexation 196.09 acres.
For a pcriod of twenty (20) days following the first publication of this Notice, the Clerk of
Commission will receive comments, jn writing, of approval or disapproval of the proposed extension of
the boundarics of thc City of Bozeman from the real property owner of the area proposecl to be annexed.
The deadline for this written comment is 5:00 p.m. on August 21, 2006. In acldition, a public hearing
shall bc hcld on the 21 sl day of August, 2006 at 6:00 p.m. in the Community Room of the Gallatin County
Courthouse, at 311 East Main Street, Bozeman, Montana, for the purpose of hearing testimony in support
of or in opposition to the annexation of the abovc-dcscribed rcal property.
DATED this 31st day of July 2006.
THE CORRECTED NOTICE APPEARS BELOW.
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman helcl on the 31 st day of July, 2006, Commission Resolution No. 3934 was duly and regularly
passecl and adoptecl. 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 O}' BOZEMAN, THE INHABITANTS THEREOF AND THE OWNERS
OF TRACTS <U' LAND CONTIGUOUS TO SAID CITY o.F BOZEMAN, AND
HEREIN MORE PARTICUI-,ARLY DESCRIBED, TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF
The 196.09:t acres of real property, proposed for annexation by the City of Bozeman and
Northwestern Energy,Jying at approximately 255 Moss Bridge Road, in thc County of Gallatin, State of
Montana, is described as follows:
A tract of land bejng Tract A-1-A( 1) of cas NO. 473C, Tract A l-A(2) of COS NO. 473C,
Tract A-2 of COS NO. 473A, Tract A-I-B of COS NO. 473B, Tract B of COS NO. 473,
Film 4 of Plats, Page 672 all located in the nOlth 1/2 of Section 26, Township 1 South,
Rangc 5 East, P.M.M. Gallatin County, Montana, EXCEPT Tract 1 of cas NO. 1510.
Said tract contains 150.54 acres, more or less, subject to all easements of Road or apparent
on ground
Tract I of CO.S. 10 15 situated in the SW 114 NEIJ4, Section 26, and Film 22 of Plats Page
1876 situated in the NE V2 NE 114 NE 114 SW 114 Section 26, Township I South, Range 5
East, P.M.M., Gallatin County Montana.
Said tract contains 1.20 acres, more or lcss
Those portions of Montana Rail Link Railroad and Montana Department of Transportation
rights-of-way within thc N V2, Section 26, and the E V2 E V2 E V2 NE 114 Section 27,
Township 1 South, Range 5 East, P.M.M. Gallatin County Montana
Said portions of rights-of-way heing generally 660 feet wide having the Montana Rail Link
Railroad right-of-way occupying the northeasterly 400 feet and Montana Dcpartment of
Transportation righH)f-way occupying the southeasterly portion remaining. Said lands
comprising 41.67 acres, more or less.
Gallatin County rights-of-way for Nelson Road and Moss Bridge Roacl adjoining CO.S.
No 473D, Gallatin County, Montana
Said lands comprising 2.68 acres, more or less.
Total area of the WWTP Annexation 196.09 acres.
For a period of twenty (20) clays 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 August 21, 2006. In adclition, a public hearing
shall be held on the 21 st day of August, 2006 at 6:00 p.m. in the Community Room of the Gallatin County
Courthousc, at 311 East Main Street, Bozeman, Montana, for the purpose of hearing testimony in support
of or in opposition to the annexation of the above-describecl real property.
DATED this 31st day of July 2006.
BRIT FONTENOT
Clerk of the Commissio
Publish: Monday, August 28, 2006
Monclay, Scptemher 4, 2006