HomeMy WebLinkAboutResolution 3359 Intent to annex Smith/Christ the King Lutheran Church, 29.27 acres
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COMMISSION' RESOLUTION NO. 3359
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 Doug Smith and Christ the King Lutheran Church, owners 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 north side of Durston Road, east
of its intersection with Flanders Mill Road; 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 the W 12, W 12, SE %, a portion of the E 12, SW % and
Lot 1 of Minor Subdivision No. 253, Section 3, T2S, R5E, M.P.M., Gallatin
County, Montana, and being further described as follows: Beginning at the
S % of said Section 3; Thence along the south line of said Section 3
N 89059'29" W a distance of 664.93 feet to a point on the right-of-way
line of Durston Road; Thence along said line N 00050'29" E a distance of
45.00 feet, N 89059'30" W a distance of 625.07 feet to the Northeast
corner of Lot 1 of Minor Subdivision No. 253; Thence S 89059'30" E a
distance of 1945.90 feet to a point on the W-E1 /64 line of said Section 3;
Thence along said line S 00058'57" Wa distance of 669.96 feet to a point
on the south line of said Section 3; Thence along said line S 89059'47" W
a distance of 654.96 feet to the Point of Beginning.
WHEREAS, this tract contains 29.271 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 plats or Certificates 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,
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waivers of right to protest creation of SIDs, 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
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 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 5th day of June
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
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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 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, June 1, 2000.
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 May 2000.
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MARCIA B. YOUN AN, Mayor
ATTEST:
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ROBIN L SULLIVAN
Clerk of the Commission
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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 1 st day of May 2000, Commission Resolution No. 3359 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 29.271 acres of real property proposed for annexation by Doug Smith and
Christ the King Lutheran Church, lying along the north side of Durston Road, east of its
intersection with Flanders Mill Road, in the County of Gallatin, State of Montana, is
described as follows:
A tract of land being the W Y2, W Y2, SE %, a portion of the E Vi, SW % and
Lot 1 of Minor Subdivision No. 253, Section 3, T2S, R5E, M.P.M., Gallatin
County, Montana, and being further described as follows: Beginning at the
S % of said Section 3; Thence along the south line of said Section 3
N 89059'29" W a distance of 664.93 feet to a point on the right-of-way
line of Durston Road; Thence along said line N 00050'29" E a distance of
45.00 feet, N 89059'30" W a distance of 625.07 feet to the Northeast
corner of Lot 1 of Minor Subdivision No. 253; Thence S 89059'30" E a
distance of 1945.90 feet to a point on the W-E1 /64 line of said Section 3;
Thence along said line S 00058'57" Wa distance of 669.96 feet to a point
on the south line of said Section 3; Thence along said line S 89059'47" W
a distance of 654.96 feet to the Point of Beginning.
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, June 1, 2000. In addition, a public hearing shall be held on Monday, June 5,
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 2nd day of May 2000.
ROBIN l. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Friday, May 12, 2000
Friday, May 19, 2000