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HomeMy WebLinkAboutResolution 3530 Intent to annex Loterbauer tract _. __._.__n _ _. _.__.._.__....._...__.__.. . ....__.___.__.___~. ..____._. _..____._n_._..._.._____ COMMISSION RESOLUTION NO. 3530 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 Edward L. and Le Etta L. Loterbauer, owners 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 West Babcock Street and east side of Fowler Avenue; and WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: A parcel of land being Tract 1 of the Van Horn Subdivision lying in the SW 1/4 of Section 11, T2S, RSE, P.M.M., Gallatin County, Montana, containing a.27St acres of land. WHEREAS, this tract contains a.27St 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 SIOs, 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 3rd day of September 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 -2- --..... - --- -- ------ - --- ----- 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, August 28, 2002. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day August 2002. ATTEST: SrdR~ QLJ~ 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 5th day of August 2002, Commission Resolution No. 3530 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 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 0.275t acres of real property, proposed for annexation by Edward L. and Le Etta L. Loterbauer, lying along the south side of West Babcock Street and east side of Fowler Avenue, in the County of Gallatin, State of Montana, is described as follows: A parcel of land being Tract 1 of the Van Horn Subdivision lying in the SW 1/4 of Section 11, T2S, R5E, P.M.M., Gallatin County, Montana, containing 0.275t 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, August 28, 2002. In addition, a public hearing shall be held on Tuesday, September 3, 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 ofthe above-described real property. DATED this 6th day of August 2002. ~s~~ Clerk of the Commission Publish: Thursday, August 8,2002 Thursday, August 15, 2002