HomeMy WebLinkAboutResolution 3216 Annexation of 160 acres: XL Partnership
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COMMISSION RESOLUTION NO. 3216 rll~
179 FACE2Q'i6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN TRACT OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS
THE BAXTER LANE ANNEXATION (AND FORMERL Y REFERRED TO AS THE
XL LIMITED PARTNERSHIP ANNEXATION REQUEST) AND HEREIN MORE
PARTICULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Joseph W.
Sabol on behalf of XL Limited Partnership, owner of the tract, requesting the City Commission
to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of
land located West Oak Street extended and Baxter Lane, immediately west of Annie Subdivision,
in the County of Gallatin, State of Montana; and
WHEREAS, an annexation staff report has been prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on June
16, 1997; and
WHEREAS, Commission Resolution No. 3184 was adopted by the City Commission on
June 16, 1997, declaring it to be the intent of the City of Bozeman to extend the boundaries of
said City so as to include said contiguous tract within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3184 was duly noticed and
opened on July 21, 1997; and
WHEREAS, the public hearing was continued to August 11, 1997, at which time it was
conducted; and
WHEREAS, no objections to said annexation were raised at the public hearing; and
WHEREAS, the City did not receive any written protest from the real property owners
of the area to be annexed; and
WHEREAS, on August 11, 1997, the Commission authorized and directed staff, upon
satisfaction by the applicant of the conditions of approval, to prepare the necessary documents
to proceed with the annexation of this tract in accordance with Commission Resolution No.
3184; and
WHEREAS, the provision of available services including, but not limited to, rights-of-
way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and
water and sewer hookup fees, to said contiguous tract is the subject of a written agreement
between the City and Thomas E. Lane and Robert D. Lane, partners in XL Limited Partnership,
record owner of the tract; and
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WHEREAS, said contiguous tract is the subject of a plat or Certificate of Survey, filed
in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and
of the inhabitants of the contiguous tract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, M.C.A., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be
extended so as to embrace and include such 160:t acres of land, to wit:
Northwest one-quarter of Section 2, Township 2 South, Range 5 East,
Montana Principal Meridian, Gallatin County, Montana.
Section 2
The effective date of this annexation is December 31, 1997.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement
dated December 1, 1997, by and between the City of Bozeman and Thomas E. Lane and Robert
D. Lane, partners in XL Limited Partnership.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 1 st day of December 1997.
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DONt. STUECK, Mayor
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