HomeMy WebLinkAboutResolution 3956 WWTP Annexation
City Clerk
P.O. Box 1230
Bozeman, MT 59771-123()
COMMISSION RESOLUTION NO. 3956
A RESOLIJTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING fOR THE ANNEXATION O}' CERTAIN
CONTIGUOUS TRACTS OF LAND, HEREINA}'TER DESCRIBED, TO THE
CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION
OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE
SAID CONTIGUOUS TRACTS.
WHEREAS, the City of Bozeman received a request for annexation from N()Iihwestern Energy and
the City of BOLe man, owners of the tract of land, requesting the City Commission to extend the boundaries
of the City of Bozeman so as to mclude certain contiguous tracts of land generally located at 255 Moss
Bridge Road, City of BOleman, County of Gallatin, State of Montana; 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 Comn1lSsion on August 28, 2006; and
WHEREAS, Commi~~ion Resolution No. 3934 was adopted by the City Commission on July 31,
2006, declaring it to he the intent of the City of Bozeman to extend the boundaries of said City so as to
include said contiguous tracts within the corporate lImits of the City; and
WHEREAS, a puhlic hearing on Commission Resolution No, 3934 wa~ duly noticed and held on
August 28,2006; and
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WHEREAS, on August 28,2006, the Commission authorized and directed staff, upon satisfaction
by the applicants of the terms of approval, to prepare the necessary documents to proceed with the
annexation of this tract in accordance with Commission Resolution No. 3934; and
WHEREAS, the provision of available services is the subject of an extension of services plan
meeting requirements of state law; and
WHEREAS, said contiguous tracts are the subject of a Certificate of Survey, filed in the office of
the Gallatin County Clerk and Recorder's Office or public right of way required to be annexed
simultaneously with adjacent properties; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous
tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the
contiguous tract.
NOW, THEREFORE, BE 1'1' RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, M,C.A., the following-
described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to
the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include
such 196.09 acres of land, to wit:
A tract of land being Tract A-l-A(l) of COS NO. 473C, Tract A l-A(2) of cas NO.
473C, Tract A-2 of COS NO. 473A, Tract A-l-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. Said tract contains 150.54 acres, more or less, subject to all easements of Road or
apparent on ground; and Tract 1 ofC.O,S. 1015 situated in the SW 1.4 NE 1.4, Section 26,
and Film 22 of Plats Page 1876 situated in the NE Y2 NE 1.4 NE 1.4 SW 1.4 Section 26,
Township 1 South, Range 5 East, P.M.M., Gallatin County Montana, said tract contains
1.20 acres, more or less; and those portions of Montana Rail Link Railroad and Montana
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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 I South, Range 5 East, P.M,M. Gallatin County
Montana. Said p0l1ions 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 Transportation right-of-way occupying the southeasterly p0l1ion
remaining. Said lands comprising 41.67 acres, more or less.; and Gallatin County rights-
of-way for Nelson Road and Moss Bridge Road adjoining CO.S. No 473D, Gallatin
County, Montana. Said lands comprising 2.6X acres, more or less
Said tract contains 196.09 acres, more or less, along with and subject to all easements of
record or apparent on the ground.
Section 2
The effective date of this annexation is September 5, 2006.
Section 3
The annexation of the above-described tract is subject to the extension of services plan and the
Bozeman Municipal Code.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 5th day of September 2006.
BRIT FONTENO-
City Clerk
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APPROVED AS TO FORM:
C1-ty torney