HomeMy WebLinkAboutResolution 3338 Intent to annex Gardner-Simmental Plaza
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COMMISSION RESOLUTION NO. 3338
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN
TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE CONTIGUOUS TRACTS, HEREINAFTER MORE PARTICULARLY
DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
WHEREAS, on the 30th day of November 1973, the owners of the Gardner-Simmental
Plaza, including G-B Properties, Inc., American Simmental Association and Kilgore Cattle Co., Inc.,
signed a Utility Tie-on and Annexation Agreement, in exchange for connection to the City's sanitary
sewer system; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State
of Montana, is as follows:
Beginning at the Southeast corner of Section 35, Township 1 South, Range 5
East, Montana Principal Meridian; thence South 89022'30" West a distance of
978.38 feet; thence North 00037'30" West a distance of 308.2 feet; thence
South 73050'50" East a distance of 65.88 feet; thence North 00001 '00" West
a distance of 2362.44 feet; thence North 89019'26" East a distance of 97.44
feet; thence North a distance of 2063.12 feet; thence North 71035'10" East a
distance of 154.51 feet; thence South 78031'46" East a distance of 142.81
feet; thence South 53010'03" East a distance of 45.29 feet; thence South
43032'48" East a distance of 160.88 feet; thence North 83012'15" East a
distance of 111.55 feet to a point on the west right-of-way line of Interstate
Highway 90; thence in a southerly direction along a curve to the right having a
radius of 4187.5 feet, through a central angle of 16013'28", an arc distance of
1185.77 feet to a point where said Interstate 90 right-of-way intersects the east
line of said Section 35; thence along said east line of Section 35 South
00001 '00" East a distance of 3446.7 feet to the point of beginning.
WHEREAS, this tract contains approximately 91.267 acres of land, 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
tracts providing for provision of municipal services was 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.
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NOW. THEREFORE. BE IT RESOLVED by the City Commission of the City of Bozeman.
Montana:
Section 1
That it is hereby declared, 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. pursuant to the executed Utility
Tie-on and Annexation Agreement.
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 20th day of December 1999,
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
The Clerk of the Commission shall provide notice, pursuant to Section 7-2-4312. M.C.A.
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 the registered voters and from the 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 Tuesday, December 14, 1999.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 15th day of November 1999.
ATTEST: }It~J{3~
MARCIA B. YOUN A
~s~~
Clerk of the Commission
APPROVED AS TO FORM:
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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 20th day of November 1999, Commission Resolution No. 3338 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
TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE CONTIGUOUS TRACTS, HEREINAFTER MORE PARTICULARLY
DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation is commonly known as the Gardner-Simmental
Plaza, which lies east of North 19th Avenue, north of Baxter Lane, west of Simmental Way, and
south of 1-90, consists of a total of 91.267 acres, more or less, and is more particularly described
as follows:
Beginning at the Southeast corner of Section 35, Township 1 South, Range 5
East, Montana Principal Meridian; thence South 89022'30" West a distance of
978.38 feet; thence North 00037'30" West a distance of 308.2 feet; thence
South 73050'50" East a distance of 65.88 feet; thence North 00001 '00" West
a distance of 2362.44 feet; thence North 89019'26" East a distance of 97.44
feet; thence North a distance of 2063.12 feet; thence North 71 035' 10" East a
distance of 154.51 feet; thence South 78031 '46" East a distance of 142.81
feet; thence South 53010'03" East a distance of 45.29 feet; thence South
43032'48" East a distance of 160.88 feet; thence North 83012'15" East a
distance of 111.55 feet to a point on the west right-of-way line of Interstate
Highway 90; thence in a southerly direction along a curve to the right having a
radius of 4187.5 feet, through a central angle of 16013'28", an arc distance of
1185.77 feet to a point where said Interstate 90 right-of-way intersects the east
line of said Section 35; thence along said east line of Section 35 South
00001 '00" East a distance of 3446.7 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 registered voters and from the real
property owners of the area proposed to be annexed. The deadline for this written comment is
5:00 p.m. on Tuesday, December 14, 1999. In addition, a public hearing shall be held on Monday,
December 20, 1999, 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 16th day of November 1999.
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Wednesday, November 24, 1999
Wednesday, December 1, 1999