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HomeMy WebLinkAboutResolution 2937 Intent to annex Tract E-1 COS 1623 - First Security ~ i' COMMISSION RESOLUTION NO. 2937 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 First Security Bank, 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 within the boundaries of the City of Bozeman, Montana; and WHEREAS, the legal description of this contiguous tract, which is bounded by Zig's Building Material on the west and Horse World on the east, Bridger Drive on the south and the Bridger Creek Annexation on the north, in the County of Gallatin, State of Montana, is as follows: A tract of land known as Tract E-1 of Certificate of Survey No. 1623, located in the southeast quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian; 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 13, 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 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 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 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 1 st day of November 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. 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 thf time and place designated in Section 2 above, and that for a period of twenty days after th: first publication of such notice, the Clerk of the City Commission will receive expression~ in writing, of approval or disapproval of the proposed access to City water and sew' services from freeholders of the territory proposed to be embraced therein. - 2 - \ \ - - 3 - " ~ PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of October 1993. "~ IMOTH SWA N Mayor A TrEST: ~ ex! ~~: ~ ROBIN L. SULLIVAN 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 4th day of Octoberber 1993, Commission Resolution No. 2937 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 First Security Bank is bounded by Zig's Building Material on the west and Horse World on the east, Bridger Drive on the south and the Bridger Creek Annexation on the north, in the County of Gallatin, State of Montana, is as follows: A tract of land known as Tract E-1 of Certificate of Survey No. 1623, located in the southeast quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. 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, November 1, 1993, at 7:00 J....-. 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 4th day of October 1993. ROBIN L. SULLIVAN Clerk of the Commission Publish: Wednesday, October 6, 1993 Wednesday, October 13, 1993 , I -- - .- - .- ~ -. ~.'" .,- , .. ..... '" '-" ACKNOWLEDGE OF RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 2937 CITY OF BOZEMAN, MONTANA STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 1.9198 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF BRIDGER DRIVE, BETWEEN ZIG'S BUILDING MATERIALS AND HORSE WORLD IN THE COUNTY OF GALLATIN, STATE OF MONTANA. Mr. Leland Chase, Assistant Vice President of First Security Bank, do herehby acknowledge that on the ~ ~ day of ~- , 1993, he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And further, that he presently resides in Gallatin County, State of Montana. DATED this 6~ day of ~, 1993. ~'~ 0 / /. i / / _ ,/)"'1 /i- ~~a. 1d~ NOTARY WITNESS STATE OF MONTANA ) COUNTY OF GALLATIN ) On this Ie -(6- day of 0 clvlo/' , 1993, before me, a Notary Public for the State of Montana, personally appeared i..p I c/"")~ f) , {'A (.s c:..- , the f):SS-J · V;c <:... fr ~s.' j.fJ /) -f of First Security Bank, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ~ i~J~ _ -f":!..atary Public for the State of Montana _ :- _ He.1;)iding at Bozeman, Montana .~ ~ MI commission expires: / d .- d 7- 9.Y'