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HomeMy WebLinkAboutResolution 2914 Intent to annex North 7th No. 2, 4.078 acres - Thompson - , ) ..... COMMISSION RESOLUTION NO. 2914 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 William B. Thompson on behalf of himself and Thompson Properties, owner of the entire tract sought to be annexed herein, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land of Gordon Mandeville State School Section Subdivision within the boundaries of the City of Bozeman, Montana; and WHEREAS, the legal description of this contiguous tract, which is bound by the former K.B.M.N. radio station and North 7th Avenue on the east; Pioneer Ready Mix on the north; Mandeville Lane on the south; and vacant undeveloped land on the west, in the County of Gallatin, State of Montana, is as follows: A tract of land located in the southeast quarter of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, which is described as Lot 1 of Gordon Mandeville State School Section Subdivision which is on file and of record in the Office of the Clerk and Recorder, Gallatin County, Montana. Said tract is more particularly described as follows: Beginning at the southeast corner of said Section 36; thence South 89008' West along the south line of said Section 36 a distance of 1,443.92 feet; thence North 00018' East a distance of 46.0 feet to the southeast corner of said Lot 1 of Gordon Mandeville State School Section Subdivision, the true point of beginning; thence South 89019'30" West a distance of 440.06 feet; thence North 00018' East a distance of 402.75 feet; thence South 89042' East a distance of 440.00 feet; thence South 00018' West a distance of 400.00 feet to the true point of beginning, and containing 4.078 acres; and WHEREAS, the above-described tract is the subject of a plat(s) or Certificate(s) of Survey, filed in the office of the Gallatin County Clerk and Recorder'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 17, 1993; 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, waivers of right to protest creation of SID's, and water and sewer hookup fees, to said contiguous tracts 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 Gordon Mandeville State School Section Subdivision 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 freeholders 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 City of Bozeman extend so as to include the contiguous tract hereinbefore described for Gordon Mandeville State School Section Subdivision 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 21 st day of June, 1993, at 7:00 p.m., be and the same, 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. - 2 - -- . . . . .. 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 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 for a period of twenty days after the first publication of such notice, the Clerk of the City Commission will receive expressions, in writing, of approval or disapproval of the proposed access to City water and sewer " services 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 session thereof held on the 24th day of May, 1993. ~~ TIMO Y S SON Mayor ATTEST: ~~ fJIJr' 9a k, < DA M. ST A ON Acting Clerk of the Commission APPROVED AS TO FORM: , ) - 3 - ----.. .---.. -....------------------.. . . '" . NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 24th day of May, 1993, Commission Resolution No. 2914 was duly and regularly passed and adopted. Said Resolution is entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 real property proposed for annexation by William B. Thompson on behalf of himself and Thompson Properties is bounded by the former K.B.M.N. radio station and North 7th Avenue on the east; Pioneer Ready Mix on the north; Mandeville Lane on the south; and vacant undeveloped land to the west, in the County of Gallatin, State of Montana, is as follows: A tract of land located in the southeast quarter of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, which is described as Lot 1 of Gordon Mandeville State School Section Subdivision which is on file and of record in the Office of the Clerk and Recorder, Gallatin County, Montana. Said tract is more particularly described as follows: "t Beginning at the southeast corner of said Section 36; thence South 89008' West along the south line of said Section 36 a distance of , 1 ,443.92 feet; thence North 00018' East a distance of 46.0 feet to the southeast corner of said Lot 1 of Gordon Mandeville State School Section Subdivision, the true point of beginning; thence South 89019'30" West a distance of 440.06 feet; thence North 00018' East a distance of 402.75 feet; thence South 89042' East a distance of 440.00 feet; thence South 00018' West a distance of 400.00 feet to the true point of beginning, and containing 4.078 acres; and For a period of twenty (20) days following the first publication of this Notice, the Clerk of Commission will receive expressions, in writing, of approval or disapproval of the proposed extension of the boundaries of the City of Bozeman from the freeholders of the tract proposed to be annexed. In addition, a public hearing shall be held on Monday, June 21, 1993, 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 25th day of May, 1993. I . BRENDA M. STATTON Publish: Wednesday, May 26, 1993 . Acting Clerk of the Commission Wednesday, June 2, 1993 .---.----- ------- . . .. COMMISSION RESOLUTION NO. 2914 Intent to extend the boundaries of said City of Bozeman so as to include said contiguous tract within the corporate limits thereof, on behalf of William Thompson and Thompson Properties. Annexation Name and Mailina Address DescriDtion William B. Thompson of Lot 1 of Gordon Mandeville State Thompson Properties School Section Subdivision 2107 North 7th Avenue Bozeman, MT 59715 This is to certify that I did personally mail at the Post Office in the City of Bozeman, on May 24, 1993, postage prepaid, a copy of the attached Notice in Re to the foregoing owner of the property to be annexed. ~ ~cS(cJ& BRENDA M. ST ON Acting Clerk of the Commission Subscribed and sworn to before me this 24th day of May, 1993. ~ . NOTAR UBLlC FOR AT OF MONT ANA Residin Bozeman. MO'iJ:1a My Commission expires: . ~ /11 ~ -.---.-----.-- -. .-... _.n