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HomeMy WebLinkAboutResolution 3128 Intent to annex 136.85 acres - Bozeman Athletic Club West _n____.___._._ n __ .-=----_ .._ n_.".._ __ ..~.._n.__ ___. n .-..-.- .._--~.-.-~_._._.. -~ - -.-.---- .._---"".~---- COMMISSION RESOLUTION NO. 3128 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 Michael W. Delaney, representing Michael W. Delaney, Ileana Indreland, Delaney & Co., Inc., and Oxford Trust, 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 bounda"ries of the City of Bozeman, Montana, certain contiguous tracts of land located along the west side of Ferguson Avenue, between US Highway 191/ Huffine Lane and West Babcock Street extended; and WHEREAS, the legal description of these contiguous tracts, in the County of Gallatin, State of Montana, is as follows: Three tracts of land located in the southwest one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, and more particularly described as follows: Tracts A and B, Certificate of Survey No. 1872; and Tract 2, Certificate of Survey No. 1846. WHEREAS, these tracts contain a total of 136.85 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 SIDs, 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 in the Commission Room in the Municipal Building of said City on the 19th day of August 1996, 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 7.2A312, 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 parcels 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 .2. -- ~ ----. .-----.- -..---. ~ 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 Thursday, August 8, 1996. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of July 1996. { ~ /./5,~ DON E. STUECK, Mayor ATTEST: ~L.{~ Clerk of the Commission APPROVED AS TO FORM: r - 3 ~ NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 15th day of July 1996, Commission Resolution No. 3128 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 INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. The 136.85 acres of real property proposed for annexation by Michael W. Delaney, representing Michael W. Delaney, Ileana Indreland, Delaney & Co., Inc., and Oxford Trust, located along the west side of Ferguson Avenue, between US Highway 191 /Huffine Lane and West Babcock Street extended, in the County of Gallatin, State of Montana, is described as follows: Three tracts of land located in the southwest one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, and more particularly described as follows: Tracts A and B, Certificate of Survey No. 1872; and Tract 2, Certificate of Survey No. 1846. 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 Thursday, August 8, 1996. In addition, a public hearing shall be held on Monday, August 19, 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 16th day of July 1996. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, July 19, 1996 Friday, July 26, 1996 ___.._.._______.._ __...._.._... ,.___.__n_____.__ .... -----.--- _.___ ..__n.....__... .---. ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3128 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 136.85 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF FERGUSON AVENUE, BETWEEN US HIGHWAY 191 AND WEST BABCOCK STREET EXTENDED IN THE COUNTY OF GALLATIN, STATE OF MONT ANA does hereby acknowledge that on the day of , 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 Gallatin County, State of Montana. DATED this day of 1996. NOT ARY PUBLIC STATE OF MONTANA ) COUNTY OF GALLA TIN ) On the day of 1996, before me, a Notary Public for the State of Montana, personally appeared , 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. Notary Public for the State of Montana Residing at Bozeman, Montana My commission expires: