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HomeMy WebLinkAboutResolution 2980 Intent to annex 1800 West Kagy (Chang for Yelew Builders), 3.557 acres .-----..- -- COMMISSION RESOLUTION NO. 2980 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 Elden Chang on behalf of Yelew Builders, owner of the entire tract sought to be annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land located approximately one block east of the intersection of South 19th Avenue and Kagy Boulevard, on the north side of Kagy Boulevard, within the boundaries of the City of Bozeman, Montana; and WHEREAS, the legal description of this contiguous tract, which is generally bounded by Kagy Boulevard on the south and city limits on the west, in the County of Gallatin, State of Montana, is as follows: A tract of land known as Tract A, Certificate of Survey No. 573, located in the southwest one-quarter of Section 13, Township 2 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; and WHEREAS, this tract contains 3.557 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 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 ~ n____...__. -..-...-----..- --- --.--..-".. -- 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 18th day of July 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 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, that comments will be received at the time and place designated in Section 2 above, and that for a period of twenty days after the first publication of such notice, the Clerk of the City Commission will receive expressions, in writing, of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from freeholders of the territory proposed to be embraced therein. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of June 1994. ATTEST: ()~J~ ROBIN L. SULLIVAN Clerk of the Commission - 3 - --- -- --... -. . - -- NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 13th day of June 1994, Commission Resolution No. 2980 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 3.557 acres of real property proposed for annexation by Elden Chang on behalf of Yelew Builders, bounded on the west by city limits and on the south by Kagy Boulevard, in the County of Gallatin, State of Montana, is described as follows: A tract of land known as Tract A, Certificate of Survey No. 573, located in the southwest one-quarter of Section 13, Township 2 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. In addition, a public hearing shall be held on Monday, July 18, 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 14th day of June 1994. ROBIN L. SULLIVAN Clerk of the Commission Publish: Wednesday, June 22, 1994 Wednesday, June 29, 1994 ~. ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2980 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 3.557 ACRES GENERALLY LOCATED APPROXIMATELY ONE BLOCK EAST OF THE INTERSECTION OF KAGY BOULEVARD AND SOUTH 19TH AVENUE IN THE COUNTY OF GALLATIN, STATE OF MONTANA Elden Chang does hereby acknowledge that on the -2 \ day of June, 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 D'\ \ \C\ S County, State of le..1-"'-S u.r\\ DATED this 2- , -- day of June 1994. ~-R NOTARY PUBLIC State of fLXJ4d' ) County of /J/1'l-~ (' ) ,#V On the ;( 'I day of June, 1994, before me, a Notary Public for the State of 1L-XAJ , personally appeared Elden Chang, 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. ,~n~~~-.~ROS"E~~ER"I::I tf~ ~.~ p,'-A.,.~. N~ary PlbrlC, SlaIG of Texas . f h S f j;. t;;.P{i;l MyCommissionExpires Notary Public or t e tate 0 e.-.J(/'1>.r ".~'i . \'7 R 'd' Jt'- r_ "/ .r_ .....f.t..~,," APRIL 21,1997 eSI Ing at . (.II...;) W. A/..u"iJ-'Lr. ~ _ ~vR~ 'Til.. ==..:._.- My commission expires: ti y- ;( /.- 9"~ - ,,---- .---"'-"'-