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HomeMy WebLinkAboutResolution 3679 Intent to annex Cattail III -....-- -..--. .-.------.-..-..--..-.---.- .-.-.--.-----------.----------.-. -------.--...----. CITY COMMISSION RESOLUTION NO. 3679 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. WHEREAS, there has been presented to the City Commission of the City of Bozeman a written application from SANDAN, L.L.C., 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 tract of land lying along the south side of the future extension of Hulbert Road, east side of Davis Lane, and west side of the extension of North 27th Avenue; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: A tract of land, said tract being a portion of Tract 1, Certificate of Survey No. 2050, located in the Northwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the northwest corner of said Section 35; thence North 89045'15" East, along the north line of said Section 35, a distance of 1888.46 feet to the northwest corner of the parcel annexed to the City of Bozeman in Doc. No. 2034523; thence South 00013'52" West, along the west line of said parcel, a distance of 830.42 feet to the north line of the plat of Cattail Creek Subdivision, Phase 1; thence South 89044'23" West, along said north line and the north line of the plat of Cattail Creek Subdivision, Phase 2, a distance of 1887.35 feet to a point on the west line of said SeCtion 35; thence North 00009'17" East, along said west line, a distance of 830.89 feet to the Point of Beginning. WHEREAS, this tract contains 36.00:t 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, master plan of land use patterns, 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 10th day of May 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 - 2 - ----------------- ---.--- --..----------- 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, May 5, 2004. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 12th day of April 2004. ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission - 3 - NOTICE NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of Bozeman held on the 12th day of April 2004, Commission Resolution No. 3679 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 36.00:!: acres of real property, proposed for annexation by SANDAN, L.L.C., lying along the south side of the future extension of Hulbert Road, east side of Davis Lane, and west side of the extension of North 27th Avenue, in the County of Gallatin, State of Montana, is described as follows: A tract of land, said tract being a portion of Tract 1, Certificate of Survey No. 2050, located in the Northwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the northwest corner of said Section 35; thence North 89045'15" East, along the north line of said Section 35, a distance of 1888.46 feet to the northwest corner of the parcel annexed to the City of Bozeman in Doc. No. 2034523; thence South 00013'52" West, along the west line of said parcel, a distance of 830.42 feet to the north line of the plat of Cattail Creek Subdivision, Phase 1; thence South 89044'23" West, along said north line and the north line of the plat of Cattail Creek Subdivision, Phase 2, a distance of 1887.35 feet to a point on the west line of said Section 35; thence North 00009'17" East, along said west line, a distance of 830.89 feet to the Point of Beginning. 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, May 5, 2004. In addition, a public hearing shall be held on Monday, May 10, 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 13th day of April 2004. ~/~ R IN L. SULLIVAN Clerk of the Commission Publish: Thursday, April 15, 2004 Thursday, April 22, 2004 - ------ -------------------------------- -. ...--.--.--.-.---. -..-.. -. -- .--. - --.. _n___.._.._ n ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3679 STATING THE INTENTION OF THE CITY COMMISSION TO ANNEX 36.00t ACRES LYING ALONG THE SOUTH SIDE OF THE FUTURE EXTENSION OF HULBERT ROAD, EAST SIDE OF DAVIS LANE, AND WEST SIDE OF THE EXTENSION OF NORTH 27TH AVENUE, IN THE COUNTY OF GALLATIN, STATE OF MONTANA , of SANDAN, LLC., does hereby acknowledge that on the day of ,2004 (s)he received a copy of said Notice for and on behalf of SANDAN, LLC., 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 day of 2004, before me, a Notary Public for the State of Montana, personally appeared , of Brownstone Capital, Inc., 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 SANDAN, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. Notary Public for the State of Printed Name Residing at Mycommission expires: -----.-.---.-------