HomeMy WebLinkAboutResolution 3707 Intent to annex CFT, Limited tract, 2311 S 7th
COMMISSION RESOLUTION NO. 3707
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
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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 CFT, Limited, owner of the tract 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 abandoned railroad right-of-way lying
along the east side of the property described as 2311 South 7th Avenue; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
Commencing at the north quarter corner of Section 24, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana;
Thence N 89004'02" E a distance of 1692.56 feet to the True Point of Beginning;
Thence N 89004'02" E a distance of 58.58 feet;
Thence S 30028'15" W a distance of 463.97 feet;
Thence S 89004'02" W a distance of 58.58 feet;
Thence N 30028'15" E a distance of 483.97 feet to the True Point of Beginning; and
WHEREAS, this tract contains 0.56 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 or Certificates of Survey, 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 tract
addressing issues that are in the best interests of the City of Bozeman, such as, but not limited to, rights
of way, public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation
of SIDs, impact fees and water and sewer hookup fees, to said contiguous tract and other parcels directly
affected or impacted by this annexation, shall be fully executed; and
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WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof
and of the owners 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 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 20th day of September 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
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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
15, 2004.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 16th day of August 2004.
ATTEST:
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R N L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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TIMOTHY A. fbER
Acting City Attorney
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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 16th day of August 2004, Commission Resolution No. 3707 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 0.56 acres of real property, proposed for annexation by CFT, Limited, a certain contiguous
portion of abandoned railroad right-of-way lying along the east side of the property described as 2311
South 7th Avenue in the County of Gallatin, State of Montana, is described as follows:
Commencing at the north quarter corner of Section 24, Township 2 South, Range 5
East, P.M.M., Gallatin County, Montana;
Thence N 89004'02" E a distance of 1692.56 feet to the True Point of Beginning;
Thence N 89004'02" E a distance of 58.58 feet;
Thence S 30028'15" W a distance of 463.97 feet;
Thence S 89004'02" W a distance of 58.58 feet;
Thence N 30028'15" E a distance of 483.97 feet to the True Point of Beginning,
Gallatin County, Montana.
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 15, 2004. In addition, a
public hearing shall be held on Monday, September 20,2004, 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 17th day of September 2004.
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N L. SULLIVAN
Clerk of the Commission
Publish: Thursday, August 26, 2004
Thursday, September 2, 2004