HomeMy WebLinkAboutResolution 3614 Intent to annex Metcalfe tract, 40 acres on Durston
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COMMISSION RESOLUTION
NO. 3614
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 Morrison-Maierle, Inc., on behalf of Gary Metcalf, 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
on the northwest corner of the intersection of Durston Road and Cottonwood Road extended and bound
on the north side by the future extension of Oak Street; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of
Montana, is as follows:
A tract of land located in Tract A, C.O.S. 2389 within Section 4, T2S, R5E, PMM,
Gallatin County, Montana, and being more particularly described as follows:
Beginning at the southeast corner of Said Section 4. Thence North 89055'30" West
along the south line of said southeast one-quarter, a distance 660.93 feet. Thence
North 01003'01" East along the west line of said east one-half of the east one-half of
the southeast one-quarter, a distance of 2625.85 feet. Thence North 89035'55" East
along the North line of said southeast one-quarter, a distance of 662.43 feet. Thence
South 01004'49" West along the East line of said southeast one-quarter, a distance
of 2631.38 feet to the point of beginning.
WHEREAS, this tract contains 39.92 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, 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
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 22nd day of September 2003, 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 CityCommission 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.
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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
17,2003.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a
regular session thereof held on the 25th day of August 2003.
sdK'Rl~ Mayo:
~
ATTEST:
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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 25th day of August 2003, Commission Resolution No. 3614 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 39.92 acres of real property, proposed for annexation by Morrison-Maierle, Inc., on behalf
of Gary Metcalf, lying on the northwest corner of the intersection of Durston Road and Cottonwood Road
extended and bound on the north side by the future extension of Oak Street, in the County of Gallatin,
State of Montana, is described as follows:
A tract of land located in Tract A, C.O.S. 2389 within Section 4, T2S, R5E, PMM,
Gallatin County, Montana, and being more particularly described as follows:
Beginning at the southeast corner of Said Section 4. Thence North 89055'30" West
along the south line of said southeast one-quarter, a distance 660.93 feet. Thence
North 01003'01" East along the west line of said east one-half of the east one-half of
the southeast one-quarter, a distance of 2625.85 feet. Thence North 89035'55" East
along the North line of said southeast one- quarter, a distance of 662.43 feet. Thence
South 01004'49" West along the East line of said southeast one-quarter, a distance
of 2631.38 feet to the point of beginning.
Said tract contains 39.92 acres more or less and is subject to all existing easements.
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 September 17,2003. In addition, a public hearing
shall be held on Monday, September 22, 2003, 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 26th day of August 2003.
9~J~
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Thursday, August 28, 2003
Thursday, September 4,2003