HomeMy WebLinkAboutResolution 3022 Intent to annex s.side Durston - Fellows, 19.182 acres
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COMMISSION RESOLUTION NO. 3022
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 Thomas W. Fellows and Marie G. Fellows and the Fellows Limited
Partnership, owner or purchaser 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 south side of the 2300 block of
Durston Road, east of North 25th Avenue extended; and
WHEREAS, the legal description of these contiguous tracts is as follows:
Tract B, Certificate of Survey No. 1817; and Tract 1, Certificate of Survey
No. 1855, all located in the NW~, NE~ of Section 11, Township 2 South,
Range 5 East, Montana Principal Meridian, Gallatin County, Montana; and
WHEREAS, these tracts contain 19.182 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
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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
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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.
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ATTEST:
(?~ rY! xl~~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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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. 3022 was
duly and regularly passed and adopted. Said Resolution is entitled:
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.
The 19.182 acres of real property proposed for annexation by Thomas W. Fellows
and Marie G. Fellows and the Fellows Limited Partnership, bounded on the north by Durston
Road and on the west by North 25th Avenue extended, in the County of Gallatin, State of
Montana, is described as follows:
Tract B, Certificate of Survey No. 1817, and Tract 1, Certificate of Survey
No. 1855, all located in the NW~, 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, December 5,
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
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