HomeMy WebLinkAboutResolution 3330 Intent to annex 34.555 acres, Walton
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COMMISSION RESOLUTION NO. 3330
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 Gene Cook on behalf of Roy T. Walton, 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 south side of West Oak Street, north of
Durston Road, east of Homesites Subdivision, and west of the Gallatin County Rest Home
Annex; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
Tract 1 and Tract 2 of Certificate of Survey No. 2085, located, located in
the Southwest one-quarter of Section 1, Township 2 South, Range 5 East,
Montana Principal Meridian; and
WHEREAS, this tract contains 33.444 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 owner 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 SIDs, 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
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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 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 15th day of
November 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
Pursuant to Sections 7-2-4312 and 7-2-4314(1 HC), 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
all registered voters residing in the area proposed for annexation;
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 Friday, November 12, 1999.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 18th day of October 1999.
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MARCIA B. YOUNGMAN, Mayor
ATTEST:
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ROBIN L. SULLIVAN
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 18th day of October 1999, Commission Resolution No. 3330 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 33.444 acres of real property proposed for annexation by Gene Cook on behalf
of Roy T. Walton, lying along the south side of West Oak Street, north of Durston Road, east
of Homesites Subdivision, west of Gallatin County Rest Home Annex, in the County of
Gallatin, State of Montana, is described as follows:
Tract 1 and Tract 2 of Certificate of Survey No. 2085, located in the
Southwest one-quarter of Section 1, Township 2 South, Range 5 East,
Montana Principal Meridian.
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 owners
and purchasers under contract for deed of the property in the contiguous tract to be annexed
and all registered voters residing in the area proposed for annexation. The deadline for this
written comment is 5:00 p.m. on Friday, November 12, 1999. In addition, a pUblic hearing
shall be held on Monday, November 15, 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 19th day of October 1999.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Friday, October 22, 1999
Friday, October 29, 1999
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