HomeMy WebLinkAboutResolution 3311 Intent to de-annex Cusack
COMMISSION RESOLUTION NO. 3311
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 A
TRACT OF LAND IN SAID CITY OF BOZEMAN, AND HEREIN MORE
PARTICULARLY DESCRIBED, TO AMEND THE BOUNDARIES OF SAID CITY
OF BOZEMAN SO AS TO EXCLUDE SAID TRACT FROM THE CORPORATE
LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from Mark and Michele Cusack, owners of not less than three~fourths in
value of the territory to be excluded, requesting the City Commission to alter the boundaries of
the City of Bozeman so as to exclude a certain tract of land located along the south side of
Hillside Lane, east of its intersection with Story Mill Road; and
WHEREAS, the legal description of this tract is as follows:
The west 35 feet of Tract 2, Certificate of Survey No. 1877, located in the
Southwest one-quarter of Section 32, Township 1 South, Range 6 East, and
the Northwest one-quarter of Section 5, Township 2 South, Range 6 East,
Montana Principal Meridian, Gallatin County, Montana; and
WHEREAS, this tract contains 0.1239 acres of land, more or less, along with and
subject to all existing easements of record or of fact; and
WHEREAS, this tract is located on the border of and within the corporate limits of the
City of Bozeman; and
WHEREAS, a staff report has been prepared and submitted to the Commission; and
WHEREAS, the Commission has duly reviewed and considered said written staff report;
and
WHEREAS, the granting of the application will be in the best interests of the City of
Bozeman and the inhabitants thereof; and
WHEREAS, the granting of the application will not materially mar the symmetry of the
City of Bozeman.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared that it appears that the symmetry of the City of Bozeman will
not be materially marred and it also appears to be in the best interests of the City of Bozeman
and the inhabitants thereof that the boundaries of said City of Bozeman be altered so as to
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exclude the tract hereinbefore described from 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 20th day of September
1999, at 7:00 p.m., is hereby designated as the time and place at which comments in favor of
or opposed to the exclusion of this property will be heard by the Commission.
Section 3
Pursuant to Section 7-2-4805, M.C.A., the Clerk of the City Commission shall cause
a notice to be published in the Bozeman Daily Chronicle, the newspaper nearest the parcel of
land to be excluded from 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 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 alteration of the boundaries
of the City of Bozeman from the owners of the territory proposed to be excluded, and that the
written comments, if any, must be filed with the Clerk of Commission not later than 5:00 p.m.
on Wednesday, September 15, 1999.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 16th day of August 1999.
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MARCIA B. YO NG AN, Mayor
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 16th day of August 1999, Commission Resolution No. 3311 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 INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A
TRACT OF LAND IN SAID CITY OF BOZEMAN, AND HEREIN MORE
PARTICULARL Y DESCRIBED, TO AMEND THE BOUNDARIES OF SAID CITY
OF BOZEMAN SO AS TO EXCLUDE SAID TRACT FROM THE CORPORATE
LIMITS THEREOF.
The 0.1239 acres of real property proposed for exclusion by Mark and Michele Cusack,
lying along the south side of Hillside Lane, east of its intersection with Story Mill Road, is
described as follows:
The west 35 feet of Tract 2, Certificate of Survey No. 1877, located in the
Southwest one-quarter of Section 32, Township 1 South, Range 6 East, and
the Northwest one-quarter of Section 5, Township 2 South, Range 6 East,
Montana Principal Meridian, Gallatin County, Montana.
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
exclusion from the boundaries of the City of Bozeman from the real property owner
of the area proposed to be deannexed. The deadline for this written comment is 5:00 p.m. on
Wednesday, September 15, 1999. In addition, a public hearing shall be held on Monday,
September 20, 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 exclusion of the above-described real property.
DATED this 17th day of August 1999.
ROBIN L. SULUV AN
Clerk of the Commission
Publish: Thursday, August 26, 1999
Thursday, September 2, 1999
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