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HomeMy WebLinkAboutResolution 3741 Intent to annex MDT right of way COMMISSION RESOLUTION NO. 3741 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 OWNERS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY 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 the Montana Department of Transportation, owner or holder of a beneficial interest in the tracts 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, certain contiguous areas of land lying along various state highways and other significant roadways which are adjacent to or surrounded by the City of Bozeman. WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: Montana Department of Transportation rights-of-way adjacent to or within the City of Bozeman lying within the following Sections and portions of Sections. Township 1 South. Range 5 East Southwest ~ of Section 25 South ~ and the South ~ of the NE ~ of Section 26 South ~ of Section 34 All of Section 35 All of Section 36 Township 2 South. Ranae 5 East All of Sections 1, 2, 3, 4,10,11,12,13,14, and 15 East ~ of the East ~ of Section 9 Northeast ~ of the Northeast ~ of Section 16 East ~ of Section 24 East ~ of Section 25 Township 1 South. Ranae 6 East South ~ of Section 30 All of Sections 31 and 32 Township 2 South. Ranae 6 East South ~ of Section 5 All of Sections 6,7, and 8 Southwest ~ and the Southwest ~ of the Southeast 1,4 of Section 9 Northwest ~ and the West ~ of the Northeast ~ of Section 16 All of Sections 17, 18, and 19 North ~ of the North ~ of Section 20 Gallatin County, Principal Montana Meridian; Annexation of right-of-way request applies specifically to Interstate 90, US Highway 191, US Highway 10, Montana 86, Springhill Road, Valley Center Drive, Kagy Boulevard from South 19th Avenue to Highland Boulevard, Oak Street, Baxter Lane, Haggerty Lane, 19th Avenue, North 7th Avenue, and any or all other interstates, US highways, streets, and state highway rights-of-way or for which MOOT has a beneficial interest within the sections or portions of sections listed above. WHEREAS, this tract contains 147:!: acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tracts are collectively the subject of plats, Certificates of Survey, easements, highway plans, or other records 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 owners of said tracts addressing issues that are in the best interests of the City of Bozeman, such as, provision of municipal services, to said tracts 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 owners of the contiguous tracts 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 2004, at 7:00 p.m., - 2 - 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 parcel 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, 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 Wednesday, November 10, 2004. 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 2004. ATTEST: ~~~~ Clerk of the Commission APPROVED AS TO FORM: ------. /! ~ / ~b' I J<?fP /; ~ TIMOTHY A. CO PE~ r\.... Acting City Attorney - 3 - 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 2004, Commission Resolution No. 3741 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 PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The 147:1:. acres of real property, proposed for annexation by the City of Bozeman, in the County of Gallatin, State of Montana, is described as follows: Montana Department of Transportation rights-of-way adjacent to or within the City of Bozeman lying within the following Sections and portions of Sections. Township 1 South. Range 5 East Southwest 1f4 of Section 25 South 1f2 and the South 1f2 of the NE 1f4 of Section 26 South 1f2 of Section 34 All of Section 35 All of Section 36 Township 2 South. Ranae 5 East All of Sections 1, 2, 3,4,10,11,12,13,14, and 15 East 1f2 of the East 1f2 of Section 9 Northeast 1f4 of the Northeast 1f4 of Section 16 East 1f2 of Section 24 East 1f2 of Section 25 Township 1 South. Ranae 6 East South 1f2 of Section 30 All of Sections 31 and 32 Township 2 South. Ranae 6 East South 1f2 of Section 5 All of Sections 6, 7, and 8 Southwest 1f4 and the Southwest 1f4 of the Southeast 1f4 of Section 9 Northwest 1f4 and the West 1f2 of the Northeast 1f4 of Section 16 All of Sections 17, 18, and 19 North 1f2 of the North 1f2 of Section 20 Gallatin County, Principal Montana Meridian; Annexation of right-of-way request applies specifically to Interstate 90, US Highway 191, US Highway 10, Montana 86, Springhill Road, Valley Center Drive, Kagy Boulevard from South 19th Avenue to Highland Boulevard, Oak Street Baxter Lane, Haggerty Lane, 19th Avenue, North 7th Avenue, and any or all other interstates, US highways, streets, and state highway rights-of-way or for which MOOT has a beneficial interest within the sections or portions of sections listed above. 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 owner of the area proposed to be annexed. The deadline for this written comment is 5:00 p.m. on Wednesday, November 10,2004. In addition, a public hearing shall be held on Monday, November 15, 2004, 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 2004. GlI:- o? ~~ ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: Thursday, October 21,2004 Thursday, October 28, 2004 ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3741 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 147:1: ACRES OF PUBLIC HIGHWAY RIGHT-OF-WAY WITHIN CITY LIMITS IN THE COUNTY OF GALLATIN, STATE OF MONTANA , of the Montana Department of Transportation, does hereby acknowledge that on the day of , 2004 (s)he received a copy of said Notice for and on behalf of the Montana Department of Transportation, and hereby waives any requirement for personal service of said Notice. And, further, that (s)he presently resides in County, State of Montana. DATED this day of 2004. NOTARY PUBLIC STATE OF MONTANA ) COUNTY OF ) On the day of 2004, before me, a Notary Public for the State of Montana, personally appeared , of the Montana Department of Transportation, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same for and on behalf of the Montana Department of Transportation. I N WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Notary Public for the State of Montana Printed Name Residing at My commission expires: __ _____________n..__