HomeMy WebLinkAboutResolution 3180 Intent to annex 411 acres So. side Durston, w. of Ferguson, no. of Hwy 191
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COMMISSION RESOLUTION NO. 3180
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 360 Ranch Corporation, NW Ten Corporation, Mobile Nine Corporation,
East Nine Corporation, Burnt Leather Ranch, David F. Norton, R&D Holdings and Billion Family
Partnership, owners of the tracts 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 tracts of land located along the south side of Durston
Road, west of Ferguson Road; and
WHEREAS, the legal description of these contiguous tracts, in the County of Gallatin,
State of Montana, is as follows:
Parcel 1. 18.2 acres, as shown on Certificate of Survey NO.1 005, located in
the West one-half of the Southeast one-quarter of the Southeast one-quarter of
Section 9, Township 2 South, Range 5 East, Montana Principal Meridian.
Parcel 2. 40.5 acres, as shown on Certificate of Survey No.1 005, located in
the Northeast one-quarter of the Northwest one-quarter of Section 9, Township
3 South, Range 6 East, Montana Principal Meridian.
Parcel 3. 143.580 acres, as shown on Certificate of Survey NO.1 005, located
in the Northwest one-quarter of Section 10, the Northeast one-quarter of the
Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 4. 7.0 acres known as Parcel A of Certificate of Survey No. 1829,
located in the Northwest one-quarter of Section 10, the Northeast one-quarter
of the Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 5. 40.5 acres, as shown on Certificate of Survey No.1 005, located in
the Northwest one-quarter of Section 10, the Northeast one-quarter of the
Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 6. 40.5 acres, as shown on Certificate of Survey No.1 005, located in
the Northwest one-quarter of Section 10, the Northeast one-quarter of the
Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 7. 40.8 acres, as shown on Certificate of Survey NO.1 005, located in
the Northwest one-quarter of the Northeast one-quarter of Section 9, Township
3 South, Range 6 East, Montana Principal Meridian.
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Parcel 8. 40.5 acres, as shown on Certificate of Survey No.1 005, located in
the Northeast one-quarter of the Southeast one-quarter of Section 9, Township
2 South, Range 5 East, Montana Principal Meridian.
Parcel 9. 19.5 acres known as Tract 1, Certificate of Survey No. 1846, located
in the Southeast one-quarter of Section 10, Township 2 South, Range 5 East,
Montana Prinicipal Meridian.
Parcel 10. 20.0 acres known as Billion Auto Plaza Subdivision, located in the
Southwest one-quarter of Section 10, Township 2 South, Range 5 East,
Montana Prinicipal Meridian.
WHEREAS, these tracts contain a total of 411.08 acres of land; and
WHEREAS, the above-described tracts are the subjects 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 SIOs, and water and sewer hookup fees, to said 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
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in the Commission Room in the Municipal Building of said City on the 7th 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 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
Wednesday, July 2, 1997.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 2nd day of June 1997.
(0~ !~~
DON E. STUECK, Mayor
ATTEST:
Qt cd ~t2/J~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
,/1
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-iZ~-tt~
~UL J. L.U
City A.3Y'rney
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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 2nd day of June 1997, Commission Resolution No. 3180 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 411 .08 acres of real property proposed for annexation by 360 Ranch Corporation, NW
Ten Corporation, Mobile Nine Corporation, East Nine Corporation, Burnt Leather Ranch, David F.
Norton, R&D Holdings and Billion Family Partnership, located along the south side of Durston Road.
west of Ferguson Road, in the County of Gallatin, State of Montana, is described as follows:
Parcel 1. 18.2 acres, as shown on Certificate of Survey NO.1 005, located in
the West one-half of the Southeast one-quarter of the Southeast one-quarter of
Section 9, Township 2 South, Range 5 East, Montana Principal Meridian.
Parcel 2. 40.5 acres, as shown on Certificate of Survey NO.1 005, located in
the Northeast one-quarter of the Northwest one-quarter of Section 9, Township
3 South, Range 6 East Montana Principal Meridian.
Parcel 3. 143.580 acres, as shown on Certificate of Survey No.1 005, located
in the Northwest one-quarter of Section 10, the Northeast one-quarter of the
Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-Quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 4. 7.0 acres known as Parcel A of Certificate of Survey No. 1829,
located in the Northwest one-quarter of Section 10, the Northeast one-quarter
of the Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 5. 40.5 acres, as shown on Certificate of Survey NO.1 005, located in
the Northwest one-quarter of Section 10, the Northeast one-quarter of the
Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 6. 40.5 acres, as shown on Certificate of Survey No.1 005, located in
the Northwest one-quarter of Section 10, the Northeast one-quarter of the
Northwest one-quarter of Section 9, and the Southeast one-quarter of the
Northeast one-quarter of Section 9, Township 2 South, Range 5 East, Montana
Principal Meridian.
Parcel 7. 40.8 acres, as shown on Certificate of Survey No. 1005, located in
the Northwest one-Quarter of the Northeast one-quarter of Section 9, Township
3 South, Range 6 East, Montana Principal Meridian.
Parcel 8. 40.5 acres, as shown on Certificate of Survey No.1 005, located in
the Northeast one-quarter of the Southeast one-quarter of Section 9, Township
2 South, Range 5 East, Montana Principal Meridian.
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Parcel 9. 19.5 acres known as Tract 1, Certificate of Survey No. 1846, located
in the Southeast one-quarter of Section 10, Township 2 South, Range 5 East,
Montana Principal Meridian.
Parcel 10. 20.0 acres known as Billion
Auto Plaza Subdivision, located in the
Southwest one-quarter of Section
10, Township 2 South, Range 5 East,
Montana Principal Meridian.
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
2, 1997. In addition, a public hearing shall be held on Monday, July 7, 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 2nd day of June 1997.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, June 12, 1997
Thursday, June 19, 1997
=
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3180
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 411.08 ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD, WEST OF FERGUSON AVENUE
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
iLL\4 fY\(LV? ,
~ f 'f-l.-5 t^"," A-o{' V"( forthe NW
\
Ten Corporation, does hereby acknowledge that on the
1 3y'\.day of ~ ,.., C ,1997
(s)he received a copy of said Notice and hereby waives any requirement for personal
service
of said Notice. And,
further, that (s)he presently resides in Gallatin County, State of
Montana.
DA TED this
day of , 1997.
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NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
On the /3fA day of ~ 1997, before
me, a Notary Public for the
State of Montana, personally appeared ~ ~ ~ ,known to me to
be the ~~Of the NW Ten Corporation, who 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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My commission expires: ~G:f~ '9
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3180
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 411.08 ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD, WEST OF FERGUSON AVENUE
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
~lLl
;rJf.-'1.L6 , f4 f' r'l 5 f.J '" .4-4 , ..,..,
for the East
Nine Corporation, does hereby acknowledge that on the
13 ,..t day of ~..J( ,
1997 (s)he received a copy of said Notice and hereby waives any requirement for
personal
service of said Notice.
And, further, that (s)he presently resides in Gallatin County, State
of Montana.
DATED this
day of , 1997.
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NOT ARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
On the
#day of 1997, before me, a Notary
Public for the
,
State of Montana, personally appeared
, known to me
to be the ~ of the East Nine Corporation, who 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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Notary Public for the
State of Montana
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Residing at Bozeman,
Monta~ ~
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My commission expires: ~ ~~ ?}I'
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3180
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 411.08 ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD, WEST OF FERGUSON AVENUE
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
iN! A-'1.../ ,YPDa.SP.;-III-/.'''' for the
, ,
~
Burnt Leather Ranch, does hereby acknowledge that on the t 5 dayof:r I.(.J~ ,
1997 (s)he received a copy of said Notice and hereby waives any requirement for personal
service of said Notice. And, further, that (s)he presently resides in Gallatin County, State
of Montana.
DATED this day of ,1997.
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NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
On the /~ day of ~ 1997, before me, a Notary Public for the
State of Montana, personally appeared ~ '//P'~ ' known to
me to be the ~/Ah'~Of the Burnt Leather Ranch, who 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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. :-.~-:.- "; Notary Public for the State of Montana
~ : .- Residing at Bozeman, Mont~ ~
- -. ~ --~.----- My commission expires: 9. 'c2tf'. ~
" /
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3180
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 411.08 ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD, WEST OF FERGUSON AVENUE
IN THE COUNTY OF GALLATIN,
ST A TE OF MONT ANA
~~ll~ fYl -t(.f- V5
, ~ r ~.., SI'"J..{ A -/.-/l.J< for the
l.
Mobile Nine
Corporation, does hereby acknowledge that
on the 13~ day of
J"'....L..-- , 1997 (s)he
received a copy of said Notice and hereby waives any requirement
for personal service of said Notice.
And, further, that (s)he presently resides in Gallatin
County, State of Montana.
DATED this day of
, 1997.
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NOT ARY PUBLIC
STATE OF MONTANA
)
COUNTY OF GALLA TIN )
On the ~ day of
before me, a Notary Public for the
State of Montana, personally appeared
, known to me
to be the ~~ of the Mobile Nine Corporation, who 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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Notary Public for the State of Montana
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Residing at Bozeman, Mont~ A
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My commission expires: '1 'c2.I? 'f?9
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3180
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 411.08 ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD, WEST OF FERGUSON AVENUE
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
1<.. ( l 7 /'I1t '1 t v:> ,
~ 'f' y' ~ 5~..Ji-.4---Il rJ( for the 360
Ranch Corporation, does hereby acknowledge that on the 13PL day
of --I&.I,..,( ,
1997 (s)he received a copy of said Notice and hereby waives any requirement for personal
service of said Notice. And, further, that (s)he presently resides in
Gallatin County, State
of Montana.
DA TED this
day of , 1997.
,~
l/ ri)7~
NOT ARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
On the l~
day of 1997, before me, a Notary Public for the
State of Montana, personally appeared
, known to me
to be the~u~ of the 360 Ranch Corporation, who 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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Notary Public for the State of Montana
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Residing at Bozeman, Mont~ k
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My commission expires: ~ ~~ ?
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3180
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 411.08 ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD, WEST OF FERGUSON AVENUE
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
David F.
Norton does hereby acknowledge that
on the jll --tA day of
~Ul\~ , 1997 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 ,~
day of T L(, t'\. e , 1997.
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NOT ARY
PUBLIC
STATE OF MONTANA j
COUNTY OF GALLATIN j
On the If, day ~ 1997, before me, a Notary Public for the
State of Montana, personally appeared David F. Norton, known to me to be the person who
subscribed to the within instrument and aCknowledged to me that 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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-
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-
".
Residing
at Bozeman, Montan0 -;/r
'.
My commission
expires: fi9. ~
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3180
STATING THE INTENTION OF THE
CITY COMMISSION
TO ANNEX 411.08 ACRES GENERALLY
LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD, WEST OF FERGUSON AVENUE
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
-:JOS{l e h
(I 13.. I \lJyJ
(;e: ~Il C"'\ c;:)
,
tRt'"I,v2V for the
Billion Family Partnership, does hereby aCknowledge that on the
l~ day of
~.
J j,< N~ , 1997 (s)he received a copy of said Notice and hereby waives any requirement
for personal service of said Notice. And, further, that (s)he presently
resides in Gallatin
County, State of Montana.
DATED this ,5'
day of "J"vt tJl2' , 1997.
/frt ~. ~;~~
,
NOT ARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
On the /~ day of 9tl11.1/ 1997, befor~, me, a Notary Public for the
(] C/{(f'<'
State of Montana, personally appeared ?~1ft-,Jj:',O/../ .' ~c CC>-, , known to me to
(J
be the 0eN ~'~('"'hlitr
of the Billion Family Partnership, who 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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Notary Public for the State of Montana
Residing at Bozeman, Montana
My commission expires: ~/ :lCr,/1P
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