HomeMy WebLinkAboutResolution 3151 Intent to annex 23.45 acres southside Durston - Corcoran/Strowbridge
--..--- - .. -.--.-.---..-------.--.
---.- ----.-.-.- . ...... .--... ...-..
COMMISSION RESOLUTION NO. 3151
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 Hinesley Development, for Terrence Corcoran and J.A.
Strawbridge, owners 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 located along
the south side of Durston Road, immediately west of Greenway Subdivision; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
A tract of land located in the N Y2, NWY4, Section 11, Township 2 South,
Range 5 East, Montana Principal Meridian, Gallatin County, Montana,
described as follows on Film 44, Page 948:
The North 332.5 feet of the East 97.89 feet of Tract Five (5), the West
Half of Tract Three (3), all of Tract Four (4), and the South 1,003 feet of
Tract Five (5) in Smith Subdivision in the North One-half of the Northwest
One-quarter of Section Eleven (11), Township Two (2) South, Range Five
(5) East, Montana Principal Meridian; and
WHEREAS, this tract contains a total of 23.45::t: acres of land; and
WHEREAS, the above-described tract is 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 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 SID's, 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 freeholders 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 4th day of
November 1996, 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 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
- 2 -
_._.._._n_... ...____...._."'.
-.-,,-..
,- -... ---------.-
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 Thursday, October 31, 1996.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 7th day of October 1996.
( QCl);1 ! A:~
DON E. STUECK, Mayor
ATTEST:
r4: J .d!.~~ .
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
- 3 -
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City
of Bozeman held on the 7th day of October 1996, Commission Resolution No. 3151 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 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.
The 23.45 :t acres of
real property proposed for annexation by Hinesley
Development, for Terrence Corcoran and J.A. Strowbridge, located along the south side of
Durston Road, immediately west of Greenway Subdivision, in the County of Gallatin, State
of Montana, is described as follows:
A tract of land located in the N %, NW ~, Section 11, Township 2 South,
Range 5 East, Montana Principal Meridian, Gallatin County, Montana,
described as follows on Film 44, Page 948:
The North 332.5 feet of the East 97.89 feet of Tract Five (5), the West
Half of Tract Three (3), all of Tract Four (4), and the South 1,003 feet of
Tract Five (5) in Smith Subdivision in the North One-half of the Northwest
One-quarter of Section Eleven (11), Township Two (2) South, Range Five
(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 expressions, in writing, of approval or disapproval of the
proposed extension of the boundaries of the City of Bozeman from the freeholders of the
tract proposed to be annexed. The deadline for this written
comment is 5:00 p.m. on
Thursday, October 31, 1996. In addition, a public hearing
shall be held on Monday,
November 4, 1996, 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 8th day of October 1996.
ROBIN l.
SULLIVAN
Clerk of
the Commission
Publish: Friday, October 11, 1996
Friday, October 18, 1996
..-----.-.----..-- .--- .--. .~_..
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3151
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 23.45:t ACRES GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD,
IMMEDIATELY WEST OF GREENWAY SUBDIVISION
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
l,tIlIlIRUES W.4ESLE'1 :ie- for and on behalf of Hinesley
Development, being empowered to act on behalf of Hinesley Development, do hereby
acknowledge that on the 11"'day of October 1996, I received a copy of said 1\lotice and
hereby waive any requirement for personal service of said Notice. And, further, that
Hinesley Development is located and has its official mailing address at 890 Hidden Valley
Road., #73, Bozeman, Gallatin County, State of Montana.
DATED this ~ day of October 1996.
By: (!J~ W~ ~,
Title: f/)tlJAJefLS ~"fe~
NOTARY PUBLIC
STATE OF MONTANA )
COUNTY OF GALLATIN)
tiL.
On the /1 day of October 1996, before me, a Notary Public for the State of
Montana,personallyappeared r:YLM~ /AJ. N..rh~ 1_ JJR . ,on behalf
of Hinesley Development, and is known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first written above.
"7-
Notary P ~'lic for the tate of Montana
Residing at Bozem , Montana
My commission expires: ),,7 l2/1:l79
. -.....
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3151
STATING THE INTENTION
OF THE CITY COMMISSION
TO ANNEX 23.45:t ACRES
GENERAllY lOCATED
ALONG THE SOUTH SIDE
OF DURSTON ROAD,
IMMEDIATELY WEST OF GREENWAY
SUBDIVISION
IN THE COUNTY OF GAllATIN,
STATE OF MONT ANA
Terrence Corcoran does hereby acknowledge that on the IS
day of October
1996, 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 SV\\,) y\'oVV\\,. ~
County,
State of W "-5.>h\,^-~+~.
DATED this IS
day of October 1996.
----- ~
I~
NOT ARY PUBLIC
STATE OF [{/;+j;{, )
COUNTY OF J~;~ Ij ,,' II} tJ: I; )
On the / 5- day
of October 1996, before me, a Notary Public for the State of
( ) 'I "j, , personally appeared Terrence Corcoran, and known to me to be
the person
i{/-j/, 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.
~ ,J,:2 /'~'<~>~..,; .." ,
- t~~"P~i~ fO;~<~~~f:~;;~hC .:' ~ / '/ / ,
eSldlng a,t ..'{,1t<-LL~./' tCku.:.L '. . -
My commisSion expires: It: I/e /<1 I
, ..
- -
ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3151
STATING THE INTENTION
OF THE CITY COMMISSION
TO ANNEX 23.45:t ACRES
GENERALLY LOCATED
ALONG THE SOUTH SIDE OF DURSTON ROAD,
IMMEDIATELY WEST OF GREENWAY
.sUBDIVISION
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
J.A. Strawbridge does hereby aCknowledge that on the
~ .,11
~ -day of October
1996/ 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 ~..1h'/.N'V~........county/
State of ~A/N~.54
DATED this ~t. ~ day of October 1996.
-
NOT ARY PUBLIC
ST A TE OF PM. \ 1'\ i\ 'i5iJ tlA )
COUNTY OF t" i'\ t b +~
\
I
On the L.~
day of October 1996/ before me, a Notary Public for the State of
r'V\ \ II\V\'t. 10 fA , personally appeared J.A. Strawbridge, 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.
I~'v~'~'
JON MARTIN JFi <-
NOTARy PUBUC - MINNESOTA
~ '-
DAKOTA COUNTY <; tate of m -1-1__
. My Commission Expitu.... 31, 2000 ~ N
.. Residing
at Sf, Ph"'l... , ffl A./
My commission
expires: ')&/1/\ .~ 2[ 7dOO