HomeMy WebLinkAboutResolution 3689 Intent to annex Rocky Mountain Timberlands/Davis
COMMISSION RESOLUTION NO. 3689
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
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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 Robert C. Davis, owner, and Rocky Mountain Timberlands, applicant, 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 tract of land
located northeast of the intersection of future East Hulbert Road and Davis Lane; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
Lot 3, Minor Subdivision #221 is located in the SW ~ of Section 26, T1 S, R5E, PMM,
Gallatin County, Montana, and the adjacent public rights-of-way offuture East Hulbert
Road and Davis Lane.
WHEREAS, this tract contains 42.18 :t acres of land, plus the adjacent public rights-of-way of
future East Hulbert Road and Davis Lane, 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, 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 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 6th day of July 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, June 30,2004.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 7th day of June 2~ ~
AN L. ETRARO, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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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 7th day of June 2004, Commission Resolution No. 3689 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 42.18 :!:: acres of land, plus the adjacent public rights-of-way of future East Hulbert Road
and Davis Lane, proposed for annexation by Robert C. Davis, owner, and Rocky Mountain Timberlands,
applicant, located northeast of the intersection of future East Hulbert Road and Davis Lane, in the County
of Gallatin, State of Montana, is described as follows:
Lot 3, Minor Subdivision #221 is located in the SW % of Section 26, T1 S, R5E, PMM,
Gallatin County, Montana, and the adjacent public rights-of-way offuture East Hulbert
Road and Davis Lane.
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, June 30,2004. In addition, a pUblic
hearing shall be held on Tuesday, July 6,2004, 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 June 2004.
ROBIN L. SULLIVAN
Clerk of the Commission
Publish: Thursday, June 10, 2004
Thursday, June 17, 2004