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HomeMy WebLinkAboutResolution 3822 Intent to annex Lydens tract COMMISSION RESOLUTION NO. 3822 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 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. WHEREAS, there has been presented to the City Commission of the City of Bozeman a written application from Greenteal, LLC representing William & Lois Lydens, owners of the tracts 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 located on the southeast corner of the intersection of Durston Road and Fowler Avenue extended; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: Tract 8 less West 165 Feet and the Tract 8 West 165 Feet, Smith Subdivision situated in the N1h, NW~, Section 11, T2S, R5E, PMM, and Unplatted Tract Referenced in Deed Book 155, Pages 56-57 and situated in the NE~, NE~, Section 10, T2S, R5E, PMM Gallatin County, Montana. WHEREAS, these tracts contain 13.225 acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tracts are the subject of plats, Certificates of Surveyor deed, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, an annexation staff report has been prepared and submitted to the Commission; and WHEREAS, the Commission has duly reviewed and considered said written annexation staff report; 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, water rights or cash-in-lieu, waivers of right to protest creation of SIDs, 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 herein before described to extend the boundaries of the City of Bozeman so as to include said contiguous tract of land 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 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 Bozeman be extended so as to include the contiguous tract herein before 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 Community Room in the Gallatin County Courthouse of said City on Monday, the 15th day of August, 2005, at 7:00 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. Section 3 Pursuant to Section 7-2-4312, MCA, the City Clerk shall: a. 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 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 Clerk 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 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. on Wednesday, August 10, 2005. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of July 2005. L. CETRARO, Mayor ATTEST: Cl~~ ~ ROBIN L. SULLIVAN City Clerk Jil - 2 - NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 18th day of July 2005, Commission Resolution No. 3822 was duly and regularly passed and adopted. Said Resolution is entitled: 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 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 13.225 acres of real property, proposed for annexation by Greenteal, LLC representing William & Lois Lydens, located on the southeast corner of the intersection of Durston Road and Fowler Avenue extended, is described as follows: Tract 8 less West 165 Feet and the Tract 8 West 165 Feet, Smith Subdivision situated in the NY2, NW1f4, Section 11, T2S, R5E, PMM, and Unplatted Tract Referenced in Deed Book 155, Pages 56-57 and situated in the NE1f4, NE1f4, Section 10, T2S, R5E, PMM Gallatin 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 Wednesday, August 10, 2005. In addition, a public hearing shall be held on Monday, August 15, 2005, at 7:00 p.m. in the Community Room in 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 19th day of July 2005. ~~~ City Clerk Legal Ad Publish: Thursday, July 21, 2005 Thursday, July 28, 2005 - -------