HomeMy WebLinkAboutResolution 3555 Intent to annex Free Evangelical Church tract
COMMISSION RESOLUTION NO. 3555
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, 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 Evangelical Free Church, owners ofthe 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
ofthe City of Bozeman, Montana, a certain contiguous tract of land lying north of Remington Way and west
of South 19th 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 being shown as Parcel A, cas 1328A EXCEPTING THEREFROM
Tract 1, cas 1328 in the SE ~ of Section 14, T2S, R5E, PMM, Gallatin County,
Montana.
WHEREAS, this tract contains 0.7043 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, 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
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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 ofthe 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 25th day of November 2002, 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 Bozeman
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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, November 20,2002.
PASSED AND ADOPTED by the City Commission ofthe City of Bozeman, Montana, at a regular
session thereof held on the 28th day of October 2002.
A~
STEVEN R. KI OFF, Mayor
ATTEST:
r:2t1~
ROBIN L. SULLIVAN
Clerk of the Commission
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NOTICE
NOTICE IS HEREBY GIVEN that at a regular session ofthe Commission of the City of Bozeman
held on the 28th day of October 2002, Commission Resolution No. 3555 was duly and regularly passed and
adopted. Said Resolution is entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS 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 0.7043 acres of real property proposed for annexation by Evangelical Free Church, lying along
the north side of Remington Way, and west of South 19th Avenue, in the County of Gallatin, State of
Montana, is described as follows:
A tract of land being shown as Parcel A, cas 1328A EXCEPTING
THEREFROM Tract 1, cas 1328 in the SE ~ of Section 14, T2S, R5E, PMM,
Gallatin County, Montana.
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 ofthe proposed extension ofthe
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, November 20,2002. In addition, a public
hearing shall be held on Monday, November 25, 2002, 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 29th day of October 2002.
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Thursday, October 31,2002
Thursday, November 7,2002