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HomeMy WebLinkAboutResolution 3108 Intent to annex 20 acres - Smith ~ COMMISSION RESOLUTION NO. 3108 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 Gaston Engineering and Surveying for Doug Smith, 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, a certain contiguous tract of land located along the north side of Ourston Road at Meagher Avenue extended; and WHEREAS, the legal description of these contiguous tract, in the County of Gallatin, State of Montana, is as follows: The East % of the West % of the East % of the Southeast % of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana. WHEREAS, this tract contains 20.00 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 owner 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 real property owner 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 15th day of April 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 7-2-4312, 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 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 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 - 2 - -..... --.-..-.------- 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, April 11, 1996. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of March 1996. UtM [/5~eA DON E. STUECK Mayor ATTEST: (/4:- / ~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: /~ .-".r' ../'"~./ /7 ./' /'?,.;/' ;' /.0 <j"(!(trf I'~~~;~~ ((J-f PAUL J. LUVYEl.--'~ \ City Attor~'y ./ ~ 3 - .------.--. .._....__m.. NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 18th day of March 1996, Commission Resolution No. 3108 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 20.00 acres of real property proposed for annexation by Doug Smith, located along the north side of Durston Road at Meagher Avenue extended. in the County of Gallatin. State of Montana. is described as follows: The East % of the West % of the East % of the Southeast % of Section 3. 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 Thursday, April 11. 1996. In addition. a public hearing shall be held on Monday. April 15, 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 18th day of March 1996. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, March 22. 1996 Friday, March 29, 1996 --~. -.----- ----. ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3108 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 20.00 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF DURSTON ROAD, AT MEAGHER AVENUE EXTENDED, IN THE COUNTY OF GALLATIN, STATE OF MONTANA Doug Smith does hereby acknowledge that on the':]. b day of ~l.~ 1996 he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, furtt,er, that he presently resides in .nd~~ COU!1ty / State of /J7~ DATED this <J Ir- day of rJkw4^ 1996. ,.., . 1)2/t i7' / NOT ARY PUBLIC STATE 0~r1Jt1!aWC/L../ COUNTY O~/~ ' iH1~. 1996/ before met a Notary Public for the On the hll'J day 0 . {(I::-/P State of Montana, personally appeared Doug Smith, 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 to[ .. ~ .w:.---..... - -- ..~-....... '- :- .~ Residing at My commission xpires: -.-- -.- -..