HomeMy WebLinkAboutResolution 2892 Intent to annex 12.267 acres for PV Enterprises
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COMMISSION RESOLUTION NO. 2892
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 PV Enterprises, 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 this contiguous tract of land within the boundaries of the City of
Bozeman; and
WHEREAS, the legal description of this contiguous tract, which is located on the
south side of West Main Street, across from the Main Mall in the County of Gallatin, State
of Montana, is as follows:
A tract of land located within the Northwest one-quarter of Section 14,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana, and being further described as follows:
Commencing at the Northwest corner of said Section 14. Thence North
89042'16" East along the north line of said Northwest Quarter, a distance
of 1437.17 feet to a point on the southerly right-of-way line of U.S.
Highway 191. Thence along a 1960.00 foot radius curve to the right, the
tangent to which bears South 77051 '38" West, through a central angle
of 02040'46", and arc distance of 91.66 feet to the true point of
beginning. Thence South 00007'09" West, a distance of 1313.72 feet.
Thence South 89050'30" West, a distance of 412.41 feet. Thence North
00004'55" East, a distance of 1287.51 feet to a point on the south right-
of-way line of U.S. Highway 191. Thence North 89035'47" East along
said right-of-way line, a distance of 1 04.96 feet. Thence continuing along
said right-of-way line, along a 1960.00 foot radius curve to the left,
through a central angle of 09003'23", an arc distance of 309.81 feet to
the true point of beginning.
WHEREAS, this tract contains 12.267 acres of land; 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
September 28, 1992; 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,
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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
hereinbefore described within the corporate limits of said City of Bozeman.
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 boundaries of the 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 16th day of
November 1992 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.
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,
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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 extension of the boundaries of the City
of Bozeman 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 19th day of October 1992.
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"TIMOTHY SW ON, 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 19th day of October 1992, Commission Resolution No. 2892 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 real property proposed for annexation by PV Enterprises is located at the
northwest corner of the intersection of West Main Street and West College Street, in the
County of Gallatin, State of Montana; and the legal description is as follows:
A tract of land located within the Northwest one-quarter of Section 14,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin
County, Montana, and being further described as follows:
Commencing at the Northwest corner of said Section 14. Thence North
89042'16" East along the north line of said Northwest Quarter, a distance
of 1437.17 feet to a point on the southerly right-of-way line of U.S.
Highway 191. Thence along a 1960.00 foot radius curve to the right, the
tangent to which bears South 77051 '38" West, through a central angle
of 02040'46", and arc distance of 91.66 feet to the true point of
beginning. Thence South 00007'09" West, a distance of 1313.72 feet.
Thence South 89050'30" West, a distance of 412.41 feet. Thence North
00004'55" East, a distance of 1287.51 feet to a point on the south right-
of-way line of U.S. Highway 191. Thence North 89035'47" East along .
said right-of-way line, a distance of 104.96 feet. Thence continuing along
said right-of-way line, along a 1960.00 foot radius curve to the left, ..
through a central angle of 09003'23", an arc distance of 309.81 feet to
the true point of beginning.
For a period of twenty (20) days following the first publication of this Notice, the
Clerk of the 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, November 16, 1992, 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 opposition to the annexation of the
above-described real property.
DATED this 20th day of October 1992.
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
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Publish: Friday, October 23,1992
Friday, October 30, 1992
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