HomeMy WebLinkAboutResolution 3386 Intent to annex Rolfe tract, 20.33 acres
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COMMISSION RESOLUTION NO. 3386
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 Fae B. Rolfe, owner of the tract sought to be annexed herein,
requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include within the boundaries of the City of Bozeman, Montana, a certain contiguous tract
of land lying along the west side of 19th Avenue north of Baxter Lane; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
A tract of land being described as cas No. 331/ located in the N % / SE% /
Section 3/ T1 S/ R5E, PMM, Gallatin County, Montana.
WHEREAS, this tract contains 20.33 acres of land, more or less, along with and
subject to all existing easements of record or of fact; and
WHEREAS, the above-described tract is the subject of a certificate of survey filed
in 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 tOt rights of way, easements, traffic signals, water rights or cash-in-lieu,
waivers of right to protest creation of SIOs, impact fees and water and sewer hookup fees,
to said contiguous tract 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 tract hereinbefore described to extend the
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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 real property owners 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
September 2000, at 7:00 p.m., 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 parcel 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
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Commission will receive written comments of approval or disapproval of the proposed
extension of the boundaries of the City of Bozeman from real property owners of the area
proposed to be annexed, and that the written comments, if any, must be filed with the Clerk
of Commission not later than 5:00 p.m, on Thursday, September 14, 2000.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 21 st day of August 2000.
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MARCIA B. YOUN MAN, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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City Attorn~y
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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 18th day of September 2000, Commission Resolution No. 3386 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 20.33 acres of real property proposed for annexation by Fae B. Rolfe, lying
along the west side of 19th Avenue, north of Baxter Lane, in the County of Gallatin, State
of Montana, is described as follows:
A tract of land being described as cas No. 331, located in the N Y2, SE ~,
Section 3, T1 S, R5E, PMM, Gallatin County, Montana.
For a period of twenty (20) days following the first publication of this Notice, the
Clerk of Commission will receive comments, in writing, of approval or disapproval of the
proposed extension of the boundaries of the City of Bozeman from the real property owner
of the area proposed to be annexed. The deadline for this written comment is 5:00 p.m. on
Thursday, September 14, 2000. In addition, a public hearing shall be held on Monday,
September 18, 2000, 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 22nd day of August 2000.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Friday, August 25, 2000
Friday, September 1, 2000
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ACKNOWLEDGE RECEIPT OF NOTICE
COMMISSION RESOLUTION NO. 3386
STATING THE INTENTION OF THE CITY COMMISSION
TO ANNEX 20.33 ACRES LYING ALONG THE WEST SIDE OF 19TH AVENUE,
NORTH OF BAXTER LANE,
IN THE COUNTY OF GALLATIN,
STATE OF MONTANA
does hereby
acknowledge that on the day
of , 2000 (s)he received a copy of said Notice and hereby waives any
requirement for personal service of said Notice. And, further, that (s)he presently resides
in County, State of
DATED this day of 2000.
NOT ARY PUBLIC
STATE OF )
COUNTY OF )
On the day of
2000, before me, a Notary Public for the
State of Montana, personally appeared , known to
me to be the person whose name is subscribed to the within instrument and acknowledged
to me that (s)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
Residing at
My commission
expires: