The URL can be used to link to this page

Home My WebLink AboutResolution 2957 Intent to annex 4 acres between West Babcock and Main Mall - Haggerty ~-~ "--..- COMMISSION RESOLUTION NO. 2957 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. WHEREAS, there has been presented to the City Commission of the City of Bozeman a written application from Morrison-Maierle/CSSA on behalf of Thomas C. and Sue Ann Haggerty, owners 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 lying along the south side of the 3100 block of West Babcock Street within the boundaries of the City of Bozeman, Montana; and WHEREAS, the legal description of this contiguous tract, which is generally bounded by West Babcock Street on the north and by the Main Mall shopping center on the south, in the County of Gallatin, State of Montana, is as follows: A tract of land being the west 132 feet of the East one-half of the East one-half of the Northwest one-quarter of the Southwest one-quarter of Section 11, 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 4.0 acres of land; and WHEREAS, the above-described tract is the subject of a plat(s) or Certificate(s) of Survey, filed in the qffice of the Gallatin County Clerk and Recorder's Office; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on January 3, 1994; 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 inha"bitants of the contiguous tract hereinbefore described to extend the .-- ...- --. ....=.-- __n boundaries of the City of Bozeman so as to include said contiguous tract 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 the 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 March 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. 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 - 2 - - ."".--~ -- ." ---- 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 22nd day of February 1994. - ATTEST: (Jt2~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: , , .. .' - 3 - --- --..--- ~ n_._ --.----......". .. .---..----.".---., --- ,.- -.---.---- ._._-,..__.,~-- ---..--.---.-- NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 22nd day of February 1994, Commission Resolution No. 2957 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 4.0 acres of real property proposed for annexation by Morrison-Maierle/CSSA on behalf of Thomas C. and Sue Ann Haggerty is bounded by West Babcock Street on the north and the Main Mall shopping center on the south, in the County of Gallatin, State of Montana, is as follows: A tract of land being the west 132 feet of the East one-half of the East one-half of the Northwest one-quarter of the Southwest one-quarter of Section 11, 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, March 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 propel;ty. DATED this 23rd day of February 1994. ROBIN L. SULLIVAN Clerk of the Commission Publish: Friday, February 25, 1994 Friday, March 4, 1 994 -------....----..". , ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2957 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 4.0 ACRES GENERALLY LOCATED ALONG THE SOUTH SIDE OF WEST BABCOCK STREET IN THE COUNTY OF GALLATIN, STATE OF MONTANA ANSON H CRUTCHER. JR. does hereby acknowledge that on the 28 day of FEBRUARY , 1994, he received 8 copy of said Notice and hereby waives any requirement for personal service of saId Notice. And, further, that he presently resides in SONOMA County, State of CALI FORNIA . DATED this 1 s t day of 1994. I' Officer of t General Partner for Babcock Place Partners NOT AAV f>>LJB~IG STATE OF C'lJ./... , FoR. N I rt ) . . COUNTY OF ~IVOJ.-{A ) On the Ls.+ day of f\.-vurr j, ,1994, before me, a Notary Public for the St8te of C~LI FDICNJI-4, personallysppesred..1).J'JSo"v 1-1 Cfi!UT(!f!{Yf. ~ , 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. ( ~- ~ M, HOLUB Noterv publJ~e State of (V~L/ p- NOTARY PUBlIC. CAliFORNIA ;fD .Ii PRINCIPAl OFFICE IN Resld Ing 8t S 00 I . SANlUI$OBI$POCOUNTV. Mv commission expires.' 7-/~"- 9 Lf- . . My CommiISIon EO.p. Juty 16, 11K14 . ............................... " I 1 ~- -~... --..-- -. --...--..-.....--