HomeMy WebLinkAboutResolution 3979 Stoltz Beck Properties Annexation (2)
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City Clerk
P.O. Box 1230
MT 59771-1230
Bozeman, Shelley Vanoe-Gallatin Co MT MISC 33.00
-- ---- --- - - -COMMISSION ~SOLUTION NO. 39;9u---vt.~AnIO ~U
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN
CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE
CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION
OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE
SAID CONTIGUOUS TRACT.
WHEREAS, the City of Bozeman received a request for annexation from Stoltz Beck Properties
(now owned by Snowload LLC), owners of 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 tracts ofland generally located west of Alder Court Lane,
south of Lincoln Road, and east of Maple Lane; and
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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 7, 2004; and
WHEREAS, Commission Resolution No. 3702 was adopted by the City Commission on August
2,2004, declaring it to be the intent of the City of Bozeman to extend the boundaries of said City so as to
include said contiguous tract within the corporate limits of the City; and
WHEREAS, a public hearing on Commission Resolution No. 3702 was duly noticed and held on
September 7,2004; and
WHEREAS, many neighboring property owners and nearby residents spoke in opposition to said
annexation; and
WHEREAS, the City received a petition opposing the annexation; and
WHEREAS, on September 7, 2004, the Commission authorized and directed staff, upon
satisfaction by the applicant of the terms of approval, to prepare the necessary documents to proceed with
the annexation of this tract in accordance with Commission Resolution No. 3702; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way,
easements, water rights or cash in lieu, waivers of protest against creation of SIDs and Water and sewer
hookup fees, to said contiguous tract is the subject of a written agreement between tbe:.cit'j -and the record
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.' WHEREAS, said contiguous tracts are the subject ofa plat or Certificate of Survey, filed in the
office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation ofthis contiguous
tract is in the best interests of the City of Bozeman and the inhabitants thereof and ofthe inhabitants ofthe
contiguous tract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 43, MCA, the following-
described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to
the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include
such 1.93 acres of land, to wit:
Lots 26 and 27 of Beatty' s Alder Court Subdivision, Tract 1 as described
in Document No. 2054756, Tract 2 as described in Document No.
2054753, and Tract E as described in Film 191, Page 2361, Records of
Gallatin County, situated in the NW Y4 of the SW Y4 of Section 13, T2S,
R5E, PMM, Gallatin County, Montana.
Section 2
The effective date of this annexation is November 20,2006.
Section 3
The annexation of the above-described tract is subject to the terms of the Agreement dated
November 6, 2006, by and between the City of Bozeman and Snowload, LLC.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
r;eguRtr.!?ession thereof held on the 20th day of November 2006.
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Shell.y Vanoe-Gallatin Co MT MISC 33 00
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APPROVEQ~S TO FORM:
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