HomeMy WebLinkAboutResolution 3184 Intent to annex 160 acres - XL Partnership
COMMISSION RESOLUTION NO. 3184
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
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 Joseph W. Sabol on behalf of XL Limited Partnership, 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, certain contiguous tract of land located between West Oak Street
extended and Baxter Lane, immediately west of Annie Subdivision; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
Northwest one-quarter of Section 2, Township 2 South, Range 5 East,
Montana Principal Meridian, Gallatin County, Montana.
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WHEREAS, this tract contains 160::t acres of land; 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,
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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
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 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 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 21 st day of July
1997, 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
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
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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 Wednesday, July 16, 1997.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 16th day of June 1997.
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DON E. STUECK, 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 June 1997, Commission Resolution No. 3184 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
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.
The 160:t acres of real property proposed
for annexation by Xl limited Partnership,
located along between West Oak Street extended and Baxter Lane, immediately west of
Annie Subdivision, in the County of Gallatin, State of Montana, is described as follows:
Northwest one~quarter of Section 2,
Township 2 South, Range 5 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 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 16, 1997. In addition, a public hearing shall be held on Monday, July 21,
1997, 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 16th day of June 1997.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, June 26, 1997
Thursday, July 3, 1997
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3184
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 160:!: ACRES GENERALLY LOCATED
BETWEEN WEST OAK STREET EXTENDED AND
BAXTER LANE,
IMMEDIATEL Y WEST OF ANNIE SUBDIVISION
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
JCSEHI W. SAB:>L ,
Attorney for
XL Limited
Partnership, does hereby acknowledge that on the 7th
day of July
, 1997
(s)he received a copy of said Notice and hereby waives any requirement for personal service
of said Notice. And, further, that he presently resides in Gallatin County, State of Montana.
DATED this 7th
day of July , 1997.
NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLA TIN )
On the 7th
day of July
1997, before me, a Notary Public for the
State of Montana, personally appeared JCSEHI W. SAB:>L
, known to
me to be the Attorney for JOt
XL Limited Partnership, is subscribed to the within
instrument and acknowledged to me that (s)he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first written above.
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Not
ary Publi or he State of Montana
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Residing at ozeman, Montana
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My commission expires: 12/21/99