HomeMy WebLinkAboutResolution 3808 Intent to annex Rugheimer Limited Partnership tract
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COMMISSION RESOLUTION NO. 3808
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 Rugheimer Limited Partnership, 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 north
side of Bridger Drive between Bridger Creek and Mount Baldy Subdivision; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
Lots 27-28, Mount Baldy Subdivision and Tract 2 of recorded plat in Film 12, Page
825, that part of the NEY-t, SWY-t & NW~, SE~ of Section 32, T1 S, R6E, PMM,
Gallatin County, Montana. Tract 2 is more particularly described as follows:
Beginning at the SE 1/16 section corner of said Section 32 run South 880 57' 05"
West along the South 1/16 section line for 2,626.98 feet to an iron pin and the
Southwest 1/16 section corner of said Section 32, thence North 30 15' 42" West along
the West 1/16 section line of said Section 32 for 1,314.28 feet, more or less, to the
tread of the stream of Bridger Creek; thence run southeasterly along said tread of the
stream for about 3,250 feet to the East 1/16 section line of said Section 32, thence run
South 30 25' 38" East along the East 1/16 section line of said Section 32 for 894.39
feet, more or less, to the point of beginning being Tract 2 as shown on "Plat recorded
in Film 12, Page 825".
WHEREAS, these tracts contain 56.84 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 or Certificates of Survey, 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 SIOs, 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 Court House of said City on Monday, the 18th day of July, 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 Clerk of the City Commission 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 Clerk of the City Commission shall be to the effect that such
resol ution has been duly and legally passed, and that the Clerk of the City Com mission wi II 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, July 13,2005.
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PASSED AND ADOPTED by the City Commission of t City of Bozeman, Montana, at a regular
session thereof held on the 20th day of June, 2005.
AND E L. CETRARO, Mayor
ATTEST:
~./~
R IN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
~
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.-~d
PAULJ. LtI ~
City Attor')6Y
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman
held on the 20th day of June 2005, Commission Resolution No. 3808 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 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 56.84 acres of real property, proposed for annexation by Rugheimer Limited Partnership,
located on the north side of Bridger Drive between Bridger Creek and Mount Baldy Subdivision, is
described as follows:
Lots 27-28, Mount Baldy Subdivision and Tract 2 of recorded plat in Film 12, Page
825, that part of the NE~, SW~ & NW~, SE~ of Section 32, T1 S, R6E, PMM,
Gallatin County, Montana. Tract 2 is more particularly described as follows:
Beginning at the SE 1/16 section corner of said Section 32 run South 880 57' 05"
West along the South 1/16 section line for 2,626.98 feet to an iron pin and the
Southwest 1/16 section corner of said Section 32, thence North 30 15' 42" West along
the West 1/16 section line of said Section 32 for 1,314.28 feet, more or less, to the
tread of the stream of Bridger Creek; thence run southeasterly along said tread of the
stream for about 3,250 feet to the East 1/16 section line of said Section 32, thence run
South 3025' 38" East along the East 1/16 section line of said Section 32 for 894.39
feet, more or less, to the point of beginning being Tract 2 as shown on "Plat recorded
in Film 12, Page 825".
For a period of twenty (20) days 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 Wednesday, July 13, 2005. In addition, a pUblic
hearing shall be held on Monday, July 18, 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 21 st day of June 2005.
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Robin L. Sullivan
Clerk of the Commission
Legal Ad
Publish: Thursday, June 23, 2005
Thursday, June 30, 2005