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HomeMy WebLinkAboutResolution 3719 Intent to annex Mandeville Farm ......--.--- COMMISSION RESOLUTION NO. 3719 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 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 City of Bozeman, owner of four of the five 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, a certain contiguous portion of land generally lying northwest of North 7th Avenue, along the south side of Red Wing Drive, and a contiguous portion of land along the Burlington Northern rail line from the crossing of Interstate 90 and North Rouse Avenue proceeding northwest to a point south of the intersection of Moss Bridge Road and Frontage Road; and WHEREAS, the legal description of these contiguous tracts, in the County of Gallatin, State of Montana, is as follows: A) Mandeville Farm: Tract 1-A, Tract 3-A and Tract 4-A of Certificate of Survey No. 2153 a tract of land being Tract A of Certificate of Survey No. 939 and Tracts 1 and 3 of Certificate of Survey NO.1723, situated in the NW ~ of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana; and B) Burlington Northern Railroad ROW: That portion of the Burlington Northern Railroad right-of-way lying within the following sections or portions thereof: NE~ of Section 6, Township 2 South, Range 6 East; SW~ of Section 31 , Township 1 South, Range 6 East Section 36, Township 2 South, Range 5 East; SW~ of Section 25, Township 1 South, Range 5 East; SE~ of Section 26, Township 1 South, Range 5 East; P.M.M., Gallatin County WHEREAS, these tracts contains approximately 215 acres of land, more or less, along with and subject to all existing easements of record or of fact; and WHEREAS, the above-described tract is the subject of plats, Certificates of Survey, 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, a plan for extension of municipal services will be prepared to meet the requirements of Section 7-2-4732, M.C.A.; and WHEREAS, it will be in the best interests of the City of Bozeman 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 tracts 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 extension of services plan prepared by the City of Bozeman, that it is in the best interests of the City of Bozeman and the inhabitants thereof and of the owners of said contiguous tracts that the boundaries of said City of Bozeman be extended so as to include the contiguous tracts 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 4th day of October 2004, at 7:00 p.m., 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, September 29, 2004. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of September 200 ATTEST: ~J~ R IN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: '-II~~ TIMOTHY A. CO 0 "- Acting City Attorney - 2 - -------------------------- NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 7th day of September 2004, Commission Resolution No. 3719 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 215:t acres of real property, proposed for annexation by the City of Bozeman, lying along a certain contiguous portion of land generally lying northwest of North 7th Avenue, along the south side of Red Wing Drive, and a contiguous portion of land along the Burlington Northern rail line from the crossing of Interstate 90 and North Rouse Avenue proceeding northwest to a point south of the intersection of Moss Bridge Road and Frontage Road in the County of Gallatin, State of Montana, is described as follows: A) Mandeville Farm: Tract 1-A, Tract 3-A and Tract 4-A of Certificate of Survey No. 2153 a tract of land being Tract A of Certificate of Survey NO.939 and Tracts 1 and 3 of Certificate of Survey NO.1723, situated in the NW X of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana; and B) Burlington Northern Railroad ROW: That portion of the Burlington Northern Railroad right-of-way lying within the following sections or portions thereof: NEX of Section 6, Township 2 South, Range 6 East; SWX of Section 31, Township 1 South, Range 6 East Section 36, Township 2 South, Range 5 East; SWX of Section 25, Township 1 South, Range 5 East; SEX of Section 26, Township 1 South, Range 5 East; P.M.M., Gallatin County. 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, September 29,2004. In addition, a public hearing shall be held on Monday, October 4, 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 8th day of September 2004. ~Z~ R L. SULLIVAN Clerk of the Commission Legal Ad Publish: Thursday, September 9, 2004 Thursday, September 16, 2004 ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3719 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 215 ACRES LYING NORTHWEST OF NORTH 7TH AVENUE ALONG THE SOUTH SIDE OF RED WING DRIVE AND RAILROAD RIGHT-OF-WAY IN THE COUNTY OF GALLATIN, STATE OF MONTANA ~e-'-0I(Q \~, !\...r Y-E: \ \ , \:) \'c e C~ 0\.' ~ v..-b\\c ~(U~ of the City of Bozeman, does hereby aCknowledge that on the l (,)'-!h day of September, 2004 (s)he received a copy of said Notice for and on behalf of The City of Bozeman, and hereby waives any requirement for personal service of said Notice. And, further, that (s)he presently resides in Gallatin County, State of Montana. DATED this \~ day of ~~ 2004. " '\ NOTARY PUBLIC STATE OF MONTANA / ) COUNTY OF GALLATIN ) On the /O!1\ day of f/ Cj) h~(Vlb.e(2004, before me, a Notary Public for the State of Montana, personall~appeared Dt,hyCA. I-f- ArIU[( ,Dt'rerJvy oJ?u6/t'c SfYV/CL of the City of Bozeman, 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 City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. - - - - "..-' . , -- - . -- - - ---- . . - -~ -~... .- ..- ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3719 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 215 ACRES LYING NORTHWEST OF NORTH 7TH AVENUE ALONG THE SOUTH SIDE OF RED WING DRIVE AND RAILROAD RIGHT-OF-WAY IN THE COUNTY OF GALLATIN, STATE OF MONTANA \\~ UI......:Jlk , 1')\Jl.EL:r01l- 0 p. I2:AI... 6.Mtc of Washington Corporation, does herebyacknowle ge that on the 23 ~ day of September, 2004 (s)he received a copy of said Notice for and on behalf of Washington Corporation, and hereby waives any requirement for personal service of said Notice. And, further, that (s)he presently resides in t.t.sf.c,u.(....~ County, State of Montana. DATED this ~3(d day of Sr p-krnbif 2004. <-- .;A 4 &et~ c: ~ ....../ .A ,t1 NOTARY PUBLIC STATE OF MONTANA ) COUNTY OF tl11h4J1J (J- ) On the :2 3 t'd day of 2004, before me, a Notary Publi.c for the State of Montana, personally appeared ,~+uAr of Washington Corporation, known to me to be the per n whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same for and on behalf of Washington Corporation. I N WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. - -..- --...