HomeMy WebLinkAboutResolution 3299 Intent to annex state lands 33.415 acres
COMMISSION RESOLUTION NO. 3299
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 A
TRACT 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 TRACT WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, there has been presented to the City Commission of the City of Bozeman
a written application from State of Montana Department of Natural Resources and
Conservation, owner of the tract 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 lying along
the north side of Baxter Lane and the east side of Simmental Way; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
A tract of land being a portion of unplatted state of Montana lands situated
on the West one-half of Section 36, Township 1 South, Range 5 East,
Montana Principal Meridian, Gallatin County, Montana, and being further
described below:
Beginning at a point being the southwest corner of said Section 36; thence
along said line NOoo20'24"E a distance of 3442.26 feet to a point on the
south right-of-way line of Interstate 90; thence along said line along a non-
tangent curve to the left with a radial bearing of S85024'17"W and having
a radius of 4187.50 feet a distance of 69.18 feet, S03039'30"E a distance
of 497.70 feet to a curve to the left with a radius of 4407.50 feet a
distance of 3348.41 feet to a point on the north right-of-way line of Baxter
Lane; thence along said line N87002'30"W a distance of 59.57 feet to a
non-tangent curve to the left with a radial bearing of S24053'55"W and
having a radius of 877.41 feet a distance of 331.55 feet, N86045'37"W
a distance of 198.62 feet and S03014'23"W a distance of 64.46 feet to
a point on the south line of said Section 36; thence along said line
N87002'31"W a distance of 880.30 feet to the point of beginning; and
WHEREAS, this tract contains 33.415 acres of land, more or less, along with and
subject to all existing easements of record or of fact; and
WHEREAS, the above-described tract is 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 owner of
said tract 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 SIOs, and water and sewer hookup fees, 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 hereinbefore 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 owner 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 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 2nd day of August
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 tract to be annexed; and
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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 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 owner 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, July 29, 1999.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 6th day of July 1999.
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MARCIA B. YOUNGMAN, ayor Pro Tempore
ATTEST:
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R BIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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City Attor~y
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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. 3299 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 A
TRACT 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 33.415 acres of real property proposed for annexation by the State of Montana
Department of Natural Resources and Conservation, lying along the north side of Baxter Lane and
the east side of Simmental Way, in the County of Gallatin, State of Montana, is described as
follows:
A tract of land being a portion of unplatted state of Montana lands situated on
the West one-half of Section 36, Township 1 South, Range 5 East, Montana
Principal Meridian, Gallatin County, Montana, and being further described
below:
Beginning at a point being the southwest corner of said Section 36; thence
along said line NOoo20'24"E a distance of 3442.26 feet to a point on the
south right-of-way line of Interstate 90; thence along said line along a non-
tangent curve to the left with a radial bearing of S85 024' 17"W and having a
radius of 4187.50 feet a distance of 69.18 feet, S03039'30"E a distance of
497.70 feet to a curve to the left with a radius of 4407.50 feet a distance of
3348.41 feet to a point on the north right-of-way line of Baxter Lane; thence
along said line N87002'30"W a distance of 59.57 feet to a non-tangent curve
to the left with a radial bearing of S24053'55"W and having a radius of
877.41 feet a distance of 331.55 feet, N86045'37"W a distance of 198.62
feet and S030 14'23"W a distance of 64.46 feet to a point on the south line
of said Section 36; thence along said line N87002'31 "W a distance of 880.30
feet to the point of beginning; and
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, July
29, 1999. In addition, a public hearing shall be held on Monday, August 2, 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 7th day of July 1999.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Friday, July 9, 1999
Friday, July 16, 1999