HomeMy WebLinkAboutResolution 2701 Intent to annex Cardinal/Kack, 22.48 acres: 7-05-88
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COMMISSION RESOLUTION NO. 2701
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONT ANA, DECLARI NG IT TO BE THE INTENTION
OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND
THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID
CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE-
SCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS
WITH IN THE CORPORATE LIMITS THEREOF.
WHEREAS, there have been presented to the City Commission of the City
of Bozeman a written application from Edward M. Brandt for HCM, a limited
partnership dba Cardinal Distributing, and James W. and JoAnne Bee Kack, re-
questing the City Commission to extend the boundaries of the City of Bozeman
so as to include certain contiguous tracts of land within the boundaries of the
City of Bozeman; and
WHEREAS, the proper legal description of the contiguous tracts, which
is bounded in part by Interstate 90 on the south, the Burlington Northern Rai 1-
road on the east, and the McChesney I ndustrial Park on the west, in the County
of Gallatin, State of Montana, are as follows:
Parcel 2 of Certificate of Survey No. 970 (8.371 acres); Tract
A-1 of Certificate of Survey No. 156-C (10.96 acres); Tract B-1
of Certificate of Survey No. 156-C (2.11 acres); and Burlington
Northern Lease Tract No. 249038 (1.043 acres) as depicted on Cer-
tificate of Survey No. 1429, all located in the northeast one-
quarter of Section 1, Township 2 South, Range 5 East, and in
the northwest one-quarter of Section 6, Township 2 South, Range
6 East, Montana Principal Meridian, Gallatin County, Montana,
containing a total of 22.48 acres.
WHEREAS. the above-described tracts are the subject of a plat(s) or Cer-
tificate(s) of Survey, filed in the office of the Gallatin County Clerk and Re-
corder'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 May 31, 1988; and
WHEREAS, the provision of services including, but not limited to, rights
of way, easements, water rights or cash in lieu, waivers of protest against cre-
ation of SI D's and water and sewer hookup fees, to said contiguous tracts will
be the subject of a mutual agreement between the City and the freeholders of
the tracts; 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 tracts herein-
before described to extend the boundaries of the City of Bozeman so as to in-
clude said contiguous tracts hereinbefore described within the corporate limits
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of said City of Bozeman.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Bozeman, Montana:
Sect ion 1
That it is hereby declared, subject to the condition that the provision of
the services to the contiguous tracts hereinbefore described will be the subject
of a mutual agreement between the City of Bozeman and the freeholders of the
tracts, that it is in the best interests of the City of Bozeman and the inhabi-
tants thereof and of the inhabitants of said contiguous tracts that the boun-
daries of the said City of Bozeman be extended so as to include the contiguous
tracts 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, Mon-
tana, to be held in the Commission Room in the Municipal Building of said City
on the 1 st day of August 1988 at 7: 00 p. m. and the same is hereby designated
as the time and place at which comments in favor of or opposed to the annexa-
tion 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 contracts for
deed of the property in said contiguous tracts 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
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for a period of twenty days after the first publication of such notice, such
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 Boze-
man 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 and stated session of said City Commission, held on the
5th day of July 1988.
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A . ST , May1'5'r -
ATTEST:
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Clerk of the Commission
APPROVED AS TO FORM:
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City Attorney
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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 5th day of July 1988, Commission Resolution
No. 2701 was duly and regularly passed and adopted. Said Resolution is en-
titled:
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 TRACTS OF LAND CONTIGUOUS TO SAID
CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE-
SCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS
WITHIN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation by Edward M. Brandt for
HCM, a limited partnership dba Cardinal Distributing, and James W. and JoAnne
Bee Kack, is bounded in part by Interstate 90 on the south, the Burlington
Northern Rai Iroad on the east, and the McChesney Industrial Park on the west,
in the County of Gallatin, State of Montana, are as follows:
Parcel 2 of Certificate of Survey No. 970 (8.371 acres); Tract
A-1 of Certificate of Survey No. 156-C (10.96 acres); Tract B-1
of Certificate of Survey No. 156-C (2.11 acres); and Burlington
Northern Lease Tract No. 249038 (1.043 acres) as depicted on Cer-
tificate of Survey No. 1429, all located in the northeast one-
quarter of Section 1, Township 2 South, Range 5 East, and in
the northwest one-quarter of Section 6, Township 2 South, Range
6 East, Montana Principal Meridian, Gallatin County, Montana,
containing a total of 22.48 acres.
For a period of twenty (20) days following the first publication of this .
Notice the Clerk of the Commission wi II receive expressions, .in writing, of ap- ,
proval or disapproval of the proposed extension of the boundaries of the City
of Bozeman from the freeholders of the tracts proposed to be annexed.
I n addition, a public hearing shall be held on Monday, August 1, 1988,
at 7:00 p.m. in the Commission Room of the City Hall at 411 East Main Street,
Bozeman, Montana, for the purpose of hearing testimony in support of or in op-
position to the annexation of the above-described real property.
DA TED this 5th day of July 1988.
ROBIN L. SULLIVAN
Clerk of the Commission
Publ ish: Friday, July 8, 1988
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Friday, July 15, 1988
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