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HomeMy WebLinkAboutResolution 3023 Intent to annex n.side 2500 W. Babcock - Marks, Scenic Dev., 5.47 acres -. --- COMMISSION RESOLUTION NO. 3023 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 D. Marks, Scenic Developers, Inc., and Karen Neibauer, 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 certain contiguous tracts of land more commonly located along the north side of the 2500 block of West Babcock Street, east of North 25th Avenue extended; and WHEREAS, the legal description of these contiguous tracts is as follows: Lot 1, Egbert Subdivision; and Lot 1, Certificate of Survey No. 1840, located in the S %, E %, W y", SW 1/4, NE ~ of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana; and WHEREAS, these tracts contain approximately 5.47 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 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 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 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 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 5th day of December 1994, 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 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 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 Tuesday, November 29, 1994. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 31 st day of October 1994. -- ......:.-:;:,. ATTEST: ~ r:I JJ;~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ,/7 .~. I~ .i~ PAUL J. LU ~ 'l1?- City Attorney - 3 - ------ -.-- --.-..-..-....--... NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 31 st day of October 1994, Commission Resolution No. 3023 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 5.47 acres of real property proposed for annexation by John D. Marks, Scenic Developers, Inc., and Karen Neibauer, bounded on the south by West Babcock Street and on the west by North 25th Avenue extended, in the County of Gallatin, State of Montana, is described as follows: Lot 1, Egbert Subdivision; and Lot 1, Certificate of Survey No. 1840, located in the S%, E%, W%, SW%., NE%. of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana; and 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 comment is 5:00 p.m. on Tuesday, November 29, 1994. In addition, a public hearing shall be held on Monday, November 21, 1994, 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 31 st day of October 1994. ROBIN L. SULLIVAN Clerk of the Commission Publish: Wednesday, November 9, 1994 Wednesday, November 16, 1994 --- ------ --. ..-. .......-.-