Loading...
HomeMy WebLinkAboutResolution 2992 Intent to annex Balian, 6.10 acres -..-.- r COMMISSION RESOLUTION NO. 2992 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 Dennis Balian on behalf of Ed Heimburg, owner 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 north of the Montana Department of Fish, Wildlife and Parks fishing ponds and along the south side of West Babcock Street, within the boundaries of the City of Bozeman, Montana; and WHEREAS, the legal description of this contiguous tract is as follows: Tract 3 and Tract 4 of the Van Horn Subdivision, located in the northwest one-quarter, southwest one-quarter of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana; and WHEREAS, these tracts contains approximately 6.10 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 thereGf 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 6th day of September 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 - __n._".. --"....0........-. .__. _ 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, August 30, 1994. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1 st day of August 1994. ~~ _..-- "".a -. J VINCEN - May r ATTEST: ~~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ..--7 ..// / - 3 - - -- --.-----. -..-- ..------- NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 1 st day of August 1994, Commission Resolution No. 2992 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 6.10 acres of real property proposed for annexation by Dennis Balian on behalf of Ed Heimburg, bounded on the south by the Montana Department of Fish, Wildlife and Parks and on the north by West Babcock Street, in the County of Gallatin, State of Montana, is described as follows: Tract 3 and Tract 4 of the Van Horn Subdivision, located in the northwest one-quarter, southwest one-quarter of Section 11, Township 2 South, Range 5 East, M.P.M., 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 on Tuesday, August 30, 1994. In addition, a public hearing shall be held on Tuesday, September 6, 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 2nd day of August 1994. ROBIN L. SULLIVAN Clerk of the Commission Publish: Wednesday, August 10, 1994 Wednesday, August 17, 1994 ..~ _.n .-.--.-- ------"... . ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2992 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 6.10 ACRES GENERALLY LOCATED NORTH OF THE MONTANA DEPARTMENT OF FISH, WilDLIFE AND PARKS FISHING POND AND ALONG THE SOUTH SIDE OF WEST BABCOCK STREET IN THE COUNTY OF GALLATIN, STATE OF MONTANA Dennis Balian does hereby acknowledge that on the /' fh ,t day of August, 1994, 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 6Ct I/ct ft "'" County, State of Montana. DATED this lIP tt-\. day of August 1994. ~~~ NOT ARY PUBLIC State of Montana ) County of ~\\CJ.- . \ (, ) On the \ ~L" day of August, 1994, before me, a Notary Public for the State of Montana, personally appeared Dennis Balian, 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. .~ . " ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2992 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 6.10 ACRES GENERALLY LOCATED NORTH OF THE MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS FISHING PONDS AND ALONG THE SOUTH SIDE OF WEST BABCOCK STREET IN THE COUNTY OF GALLATIN, STATE OF MONTANA Ed Heimburg does hereby acknowledge that on the ;2 L/ ~ day of August, 1994, 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~~"';"" County, State of Montana. DATED this ,). If ft" day of August 1994. ~//~~7 NOT ARY PUBLIC State of Montana ) County of ) On the day of August, 1994, before me, a Notary Public for the State of Montana, personally appeared Ed Heimburg, 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 for the State of Montana Residing -at My commission expires: -- - ----.