HomeMy WebLinkAboutResolution 3602 Intent to annex North Forty Annex, Durston & Cottonwood
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COMMISSION RESOLUTION NO. 3602
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 Jeremy Shea, dba, Shea Homes, Inc., 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 Durston Road and east side of North Cottonwood Road; and
WHEREAS, the legal description of this contiguous tract,
in the County of Gallatin, State of
Montana, is as follows:
A tract of land being Certificate of Survey No. 985 lying
in the NW~ of Section 10,
T2S, R5E, P.M.M., Gallatin County, Montana; and
WHEREAS, this tract contains 5.6188 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 rightsorcash-in-lieu, waivers ofrightto protest creation of S.I.D.'s, impactfees
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
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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 14th day of July 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 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
written comments of approval or disapproval of the proposed extension of the boundaries of the City of
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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, July 9, 2003.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 16th day of June 2003.
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sf VE R. KIRC HOFF, Mayor; -
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVEDAS)rO FORM:
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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 June 2003, Commission Resolution No. 3602 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 5.6188 acres of real property, proposed for annexation by Jeremy Shea, dba Shea Homes,
Inc., lying along the south side of Durston Road and east side of North Cottonwood Road, in the County
of Gallatin, State of Montana, is described as follows:
A tract of land being Certificate of Survey No. 985 lying in the NW~ of Section 10,
T2S, R5E, P.M.M., Gallatin County, Montana, containing 5.6188 acres of land.
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, July 9, 2003. In addition, a pUblic
hearing shall be held on Monday, July 14,2003, 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 17th day of June 2003.
9~~~
ROBIN L. SULLlVA
Clerk of the Commission
Legal Ad
Publish: Thursday, June 19, 2003
Thursday, June 26, 2003
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