HomeMy WebLinkAboutResolution 3600 Intent to annex Swenson tract (27th & Valley Center intersection)
..._____.___. ___ ._._..___..__n.__._". _....._.._ n__...
COMMISSION RESOLUTION NO. 3600
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 Jerald Swenson, 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 southeast corner of the intersection of North 27th Avenue and Valley Center Road; and
WHEREAS, the parcel for which annexation is sought contains 7.07 acres; and
WHEREAS, upon review of the application, the City has determined that the adjacent right-of-
way for North 27th Avenue should be annexed in conjunction with the subject parcel, in furtherance of
State policy; 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 portions of Lot 1 and abandoned Roxi Lane, in Minor Subdivision
No.221, as filed with the Gallatin County Clerk and Recorder, located in the
southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin
County, Montana, being more particularly described as follows:
Commencing at the south quarter corner of said Section 26, thence along the north-
south mid-section line of said Section 26, North 00048'34" East a distance of 1061.82
feet, to the True Point of Beginning;
Thence South 89044'54" West a distance of 482.10 feet;
Thence North 00048'34" East a distance of 486.69 feet;
Thence northerly along a curve to the right with a radius of 447.50 feet, through a
central angle of 35039'04" for an arc distance of 278.45 feet;
Thence North 36027'38" East a distance of 125.47 feet, to the southerly right-of-way
line of East Valley Center Drive;
Thence along said right-of-way line, South 53032'22" East a distance of 399.99 feet,
to said north-south mid-section line;
Thence South 00048'34" West a distance of 607.41 feet, to the True Point of
Beginning; and
WHEREAS, this tract contains 7.07 acres of land, together
with the adjacent .97 acres of public
right-of-way for North 27th Avenue, 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 7th day of July 2003, at 7:00 p.m., is
- 2 -
--. -.-.-... ..-..
u......__.._ _.__
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
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 2, 2003.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 9th day of June 2003.
A~~
STEVEN R. KIRCH OFF, Mayor
ATTEST:
~.L~
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 9th day of June 2003, Commission Resolution No. 3600 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 8.04 acres of real property, proposed for annexation by Morrison-Maierle, Inc., on behalf
of Jerald Swenson, lying on the north side of East Baxter Lane and generally lying southeast corner of
the intersection of North 27th Avenue and Valley Center Road, in the County of Gallatin, State of
Montana, is described as follows:
A tract of land being portions of Lot 1 and abandoned Roxi Lane, in Minor Subdivision
No.221, as filed with the Gallatin County Clerk and Recorder, located in the
southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin
County, Montana, being more particularly described as follows:
Commencing at the south quarter corner of said Section 26, thence along the north-
south mid-section line of said Section 26, North 00048'34" East a distance of 1061.82
feet, to the True Point of Beginning.
Thence South 89044'54" West a distance of 482.10 feet;
Thence North 00048'34" East a distance of 486.69 feet;
Thence northerly along a curve to the right with a radius of 447.50 feet, through a
central angle of 35039'04" for an arc distance of 278.45 feet;
Thence North 36027'38" East a distance of 125.47 feet, to the southerly right-of-way
line of East Valley Center Drive;
Thence along said right-of-way line, South 53032'22" East a distance of 399.99 feet,
to said north-south mid-section line;
Thence South 00048'34" West a distance of 607.41 feet, to the True 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, July 2, 2003. In addition, a public
hearing shall be held on Monday, July 7,2003, at 7:00 p.m. in the Commission Room of City Hall, at 411
__ _______________________n ______ __________
n_ _______.._________
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 10th day of June, 2003.
~/~
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Thursday, June 12, 2003
Thursday, June 19, 2003
---~_._--
-........-..-.-..----