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Home My WebLink AboutResolution 3090 Intent to annex Brunton - 10 acres C'. COMMISSION RESOLUTION NO. 3090 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 John F. Brunton, Trustee for the Laura May Brunton Living Trust, 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 south side of Oak Street extended, immediately east of the north end of the property containing the Gallatin County Rest Home; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: The west 330 feet of the east 570.5 feet of the NE~ of the SW~ of Section 1, T2S, R5E, MPM, Gallatin County, Montana, as previously described in Book 135 Page 23. WHEREAS, this tract contains a total of 10.00 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 18th day of December, 1995, 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. - 2 - -------------- 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 Thursday, December 14, 1995. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of November 1995. ATTEST: ([~ .i d~ ROBIN L. SULLIVAN Clerk of the Commission APPR~O FORM: ,I'.' 7// tj./J ~C/~U /. ,i{ut<9 PAUL J. LUWf' . ,.1" City AttorneY .....".. ..- - 3 - --- ----- NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 20th day of November 1995, Commission Resolution No. 3090 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 PARTICULARLY DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The 10.00 acres of real property proposed for annexation by John F. Brunton, Trustee for the Laura May Brunton Living Trust, located along the south side of Oak Street, extended, immediately east of the north end of the property containing the Gallatin County Rest Home, in the County of Gallatin, State of Montana, is described as follows: The west 330 feet of the east 570.5 feet of the NE% of the SW% of Section 1, T2S, R5E, MPM, Gallatin County, Montana, as previously described in Book 135 Page 23. 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, December 14, 1995. In addition, a public hearing shall be held on Monday, December 18, 1995, 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 20th day of November 1995. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, November 24, 1995 Friday, December 1, 1995 - ------.- -~~~' :'~-~ ~ '::"i!'r""" -., - ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3090 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 10.00 ACRES GENERALLY LOCATED ALONG THE SOUTH SIDE OF OAK STREET, EXTENDED, IMMEDIA TEL Y EAST OF THE NORTH END OF THE PROPERTY CONTAINING THE GALLA TIN COUNTY REST HOME, GALLA TIN COUNTY, STATE OF MONTANA John F. Brunton, Trustee, of the Laura Mae Brunton Living Trust, does hereby acknowledge that on the // day of flc-~ , 1995 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 Pima County, Arizona. DATED this 4/ day of fl cc 1995. (~7~"? ,'~ '-? c.:'--o:. ,~ i: '~~k <.-~ .~ . v NOTARY PUBLIC STATE OF ARIZONA ) . COUNTY OF PIMA ) On the .t/ A/.- day of [J--2~~'-'/ 1995, before me, a Notary Public for the State of Arizona, personally appeared John F. Brunton, Trustee for the Laura May Brunton living Trust, 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. Not~ry Public for the Stat of Ari~ ' Residing at /ff'9~ Z, .I{';..u'-0< p), ~~Ol'-n.~ ~ My commission expires: '1 ~/S-9tj & OFFICIAL SEAL SETTlE MOODY ..' Notary Public " ~. Pima Co., Arizona '~:i' . ~ My Commission Expires >,;..... September 15, 1997 --