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HomeMy WebLinkAboutResolution 3703 Intent to annex Stoltz Beck Properties tract COMMISSION RESOLUTION NO. 3703 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 TRACTS 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 Stoltz Beck Properties, 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 of land generally located west of Alder Court Lane, south of Lincoln Road, and east of Maple Lane; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: Lots 26 and 27 of Beatty's Alder Court Subdivision, Tract 1 as described in Document No, 2054756, Tract 2 as described in D,ocument No. 2054753, and Tract E as described in Film 191, Page 2361, Records of Gallatin County, situated in the NW '!4 of the SW '!4 of Section 13, T2S, R5E, PMM, Gallatin County, Montana. WHEREAS, these tracts contain 1.93 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 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, easements, traffic signals, 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 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 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 herein before 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 7th 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, MCA, 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 - 2 - - - ---------- -. ---.-.-.--.-----.-...---- _____ . ._....._....__n___...._. 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 1,2004. PASSED AND ADOPTED by the City Commission of ity of Bozeman, Montana, at a regular session thereof held on the 2nd day of August 200 . AN ATTEST: ~Z~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~-t:~~ TIMOTHY A. CO PER"" 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 2nd day of August 2004, Commission Resolution No. 3703 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 1.93 acres of real property, proposed for annexation by Stoltz Beck Properties, generally located west of Alder Court Lane, south of Lincoln Road, and east of Maple Lane is described as follows: 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 ~ of the SW ~ of Section 13, T2S, R5E, PMM, 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 1, 2004. In addition, a public hearing shall be held on Tuesday, September 7, 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 3rd day of August 2004. ~~./ ~ ROBIN L. SULLIVAN Clerk of the Commission Publish: Thursday, August 12, 2004 Thursday, August 19, 2004