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Home My WebLink AboutResolution 3039 Intent to annex 2.526 acres (Murdoch - Pioneer Ready Mix) - COMMISSION RESOLUTION NO. 3039 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 John Murdoch for Pioneer Ready Mix, Inc., 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 west side of North 7th Avenue, just north of the former KBMN radio station site; and WHEREAS, the legal description of these contiguous tract, in the County of Gallatin, State of Montana, is as follows: lot 2 and Lot 13, Gordon Mandeville State School Section Subdivision, located in Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana; and WHEREAS, these tract contains a total of 2.526 acres of land; and WHEREAS, the above-described tract 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 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 21 st day of February 1995/ 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 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 expressions of approval or disapproval of the proposed - 2 - - ~ . -.....--. .--..--. - - ..... --.----." -.. ...-. .. ------ --...- -... -.-.....- 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, February 9, 1995. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of January 1995. -p~~ Ma r ATTEST: (l~J~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: mey - 3 - NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 17th day of January 1995, Commission Resolution No. 3039 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 2.526 acres of real property proposed for annexation by John Murdoch for Pioneer Ready Mix, Inc., located along the west side of North 7th Avenue, just north of the former KBMN radio station, in the County of Gallatin, State of Montana, is described as follows: Lot 2 and Lot 13, Gordon Mandeville State School Subdivision, located in Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, which is on file and of record in the Office of the Clerk and Recorder, 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 tract proposed to be annexed. The deadline for this written comment is 5:00 p.m. on Thursday, February 9, 1995. In addition, a public hearing shall be held on Tuesday, February 21, 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 18th day of January 1995. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, January 20, 1995 Friday, January 27, 1995 ... ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3039 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 2.526 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF NORTH 7TH A VENUE, JUST NORTH OF THE FORMER KBMN RADIO STATION SITE IN THE COUNTY OF GALLATIN, STATE OF MONTANA ~c..v;..c...\~O A. L-'-- ISO /'oJ , PiC.E. '51 0 E..t...!:. T of Pioneer Ready Mix, 'T"'" Inc., does hereby acknowledge that on the 2/ - day of January 1995, (sIne received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that (slhe presently resides in &OI'WL.A.TllJ County, State of Montana. DATED this 2/~ day of January 1995. ~ NOT ARY PUBLIC STATE OF MONTANA I ^ COUNTY OE):JOt UtLl(~c' I On the(5I'f:D day of ,!~nuary 1995, before me, a NOJPUbliC for the State of Montana, persona"yappeare~JCU\LL^-d.--- (] U_(jJjJ-1C- , , J..J..j clLI-b of Pioneer Ready Mix, Inc." and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that (slhe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. \ < . ~----- ----~._------ ----~- ----- - -------- -" . -- -..-----..--...-------- .....-----.. . -.. -" .. " .... ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3039 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 2.526 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF NORTH 7TH AVENUE, JUST NORTH OF THE FORMER KBMN RADIO STATION SITE IN THE COUNTY OF GALLATIN, STATE OF MONTANA John Murdoch does hereby acknowledge that on the JS day of January 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 Gallatin County, State of Montana. DATED this ~ $ day of January 1995. , ~ / ,/ NOT ARY PUBLIC ST A TE OF MONT ANA ) COUNTY OF GALLA TIN ) On the q1S..,.ti day of January 1995, before me, a Notary Public for the State of Montana, personally appeared John Murdoch, 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. q".k''LL~~ ~ Notary Public for the ate of Montana Residing at Bozerrran,Mont<:i'Jia My commission eXPire~ 1/! /<=JU -~ -