HomeMy WebLinkAboutResolution 3162 Intent to annex Graf, 167± acres
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COMMISSION RESOLUTION NO. 3162
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 Eugene Graf, III, on behalf of Genevieve S. Graf and the Estate of
Eugene Graf, Jr., 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 on
the west side of North 19th Avenue, between the 1-90 Interchange and Baxter Lane; and
WHEREAS, the legal description of these contiguous tracts, in the County of
Gallatin, State of Montana, is as follows:
Tracts C-1, C-2, 0-1, and 0-2, Certificate of Survey 1827, and that tract
of land described on Film 17, Page 1115, official records of the Gallatin
County Clerk and Recorder's Office, all situated in Section 35, Township
1 South, Range 5 East, Montana Principal Meridian, Gallatin County,
Montana.
WHEREAS, these tracts contains a total of 167:t acres of land; and
WHEREAS, the above-described tracts are the subject of a plat(s) or Certificate(s)
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 SID's, 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 freeholders 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 in the Commission Room in the Municipal Building of said City on the 7th day of April
1997, at 7:00 p.m., be, and the same 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 tracts 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
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that such resolution has been duly and legally passed, and that the Clerk of the City
Commission will receive written expressions of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from freeholders of the territory
proposed to be embraced therein, and that the written expressions, if any, must be filed with
the Clerk of Commission not later than 5:00 p.m. on Wednesday, April 2, 1997.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 3rd day of March 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 3rd day of March 1997, Commission Resolution No. 3162 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 167:t acres of real property proposed for annexation by Eugene Graf, III, on
behalf of Genevieve S. Graf and the Estate of Eugene Graf, Jr., located on the west side of
North 19th Avenue between the 1-90 Interchange and Baxter Lane, is described as follows:
Tracts C-1, C-2, 0-1, and 0-2, Certificate of Survey 1827, and that tract
of land described on Film 17, Page 1115, official records of the Gallatin
County Clerk and Recorder's Office, all situated in Section 35, Township
1 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 expressions, in writing, of approval or disapproval of the
proposed extension of the boundaries of the City of Bozeman from the freeholders of the
tracts proposed to be annexed. The deadline for this written comment is
5:00 p.m. on
Wednesday, April 2, 1997. In addition, a public hearing shall be held on Monday,
April 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 4th day of March 1997.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Wednesday, March 12, 1997
Wednesday, March 19, 1997
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3162
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 167:t ACRES GENERALLY LOCATED
ON THE WEST SIDE OF NORTH 19TH AVENUE,
BETWEEN THE 1-90 INTERCHANGE AND BAXTER LANE
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
Eugene Graf, III, on behalf of Genevieve S. Graf and the Estate of Eugene Graf, Jr.,
719
does hereby acknowledge that on the ':J - day oY?f~..-< 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 /J~A'/e'-
1997.
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NOT ARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLA TIN )
On the 71!::- day of /tpv: I
1997, before me, a Notary Public for the State
of Montana, personally appeared Eugene Graf, III, and known to me to be the person whose
name is 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.
N~~r1~tana
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Residing at "f,,,."C..e/YI.;lA{ /Y1 T
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