HomeMy WebLinkAboutResolution 3318 Intent to annex 134.24 acres, Sandan tract
COMMISSION RESOLUTION NO. 3318
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 PARTICULARL Y DESCRIBED,
TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from SANDAN, LLC, and Ronald L. Davis, owners of the tracts sought
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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, certain
contiguous tracts of land lying along west of The Gallatin Center, east of Davis Lane and
South of Valley Center Road; and
WHEREAS, the legal descriptions of these contiguous tracts, in the County of
Gallatin, State of Montana, are as follows:
The eastern 765 feet of Tract 1, Certificate of Survey No. 2050;
Tract 2, Certificate of Survey No. 2050;
All of Minor Subdivision No. 145A; and
A parcel described in Film 12 at Page 1159, at the Gallatin County Clerk
and Recorder's Office; and
WHEREAS, these tracts contain a total of 134.24 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 tracts addressing issues that are in the best interests of the City of Bozeman, such as,
but not limited to, rights of way, easements, traffic signals, water rights or cash-in-lieu,
waivers of right to protest creation of SIDs, and water and sewer hookup fees, to said
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contiguous tracts 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 tracts hereinbefore described to extend the
boundaries of the City of Bozeman so as to include said contiguous tracts 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 tracts hereinbefore described will be the subject of a mutual agreement
between the City of Bozeman and the real property owners of the tracts, that it is in the best
interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of said
contiguous tracts that the boundaries of said City of Bozeman be extended so as to include
the contiguous tracts hereinbefore 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 Commission Room in the Municipal Building of said City on the 18th day of
October 1999, 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, M.C.A., 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 tracts 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.
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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 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 Thursday, October 14, 1999.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 20th day of September 1999.
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MARCIA B. YOU~
ATTEST:
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ROBIN l. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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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 6th day of July 1999, Commission Resolution No. 3318 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 PARTICULARL Y
DESCRIBED, TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation by SANDAN, LLC, and Ronald L. Davis,
lying west of The Gallatin Center, east of Davis Lane and South of Valley Center Road,
consists of four tracts containing a total of 134.24 acres, more or less, and is more
particularly described as follows:
The eastern 765 feet of Tract 1, Certificate of Survey No. 2050;
Tract 2, Certificate of Survey No. 2050;
All of Minor Subdivision No. 145A; and
A parcel described in Film 12, at Page 1159, at the Gallatin County Clerk
and Recorder's Office.
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
Thursday, October 14, 1999. In addition, a public hearing shall be held on Monday, October
18, 1999, at 7:00 p.m. in the Commission Room of City Hall, at 411 East 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 21st day of September 1999.
ROBIN L. SULUV
AN
Clerk of the Commission
Publish: Friday, September 24, 1999
Friday, October 1, 1999