HomeMy WebLinkAboutResolution 3520, Intent to annex DAK, 10 acres on Baxter
COMMISSION RESOLUTION NO. 3520
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 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.
WHEREAS, there has been presented to the City Commission ofthe City of Bozeman
a written
application from C&H Engineering and Surveying, Inc., on behalf of OAK, L.L.C.,
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 north side of East Baxter Lane and generally lying between
Thomas Drive and
Davis Lane; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of
Montana, is as follows:
The tract of land described in Film 184, Page 4517, records in the office of the
Clerk
and Recorder, Gallatin County, Montana, and located in the East Half of the
Southwest Quarter of Section 35, Township 1 South, Range 5 East of P.M.M.,
described as follows:
Commencing at the south quarter of Section 35, Township 1 South, Range 5 East,
of P.M.M.;
thence westerly 2690 16' 00", assumed azimuth from north, 826.67 feet along the
south line of the southwest quarter of said Section 35, to the point of beginning
of the
property to be described;
thence continuing westerly 2690 16' 00" azimuth 330.52 feet along said south line;
thence northerly 3590 54' 30" azimuth 1360.00 feet;
thence easterly 0890 16' 00" azimuth 330.52 feet;
thence southerly 1790 54' 30" azimuth 1360.00 feet to the point of beginning.
WHEREAS, this tract contains 10.3186 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
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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, payback districts, 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 15th day of July
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
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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 10,2002.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 3rd day of June 2002.
ATTEST:
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ROBIN L. SULLIVAN
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 3rd day of June 2002, Commission Resolution No. 3520 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 10.3186 acres of real property, proposed for annexation by C&H Engineering
and
Surveying, Inc., on behalf of DAK, L.L.C., lying along the north side of East Baxter
Lane and generally
lying between Thomas Drive and Davis Lane, in the County of Gallatin, State of
Montana, is described
as follows:
The tract of land described in Film 184, Page 4517, records in the office of the
Clerk
and Recorder, Gallatin County, Montana, and located in the East Half of the
Southwest Quarter of Section 35, Township 1 South, Range 5 East of P.M.M.,
described as follows:
Commencing at the south quarter of Section 35, Township 1 South, Range 5 East,
of
P.M.M.;
thence westerly 2690 16' 00", assumed azimuth from north, 826.67 feet along the
south line of the southwest quarter of said Section 35, to the point of beginning
of the
property to be described;
thence continuing westerly 269016' 00" azimuth 330.52 feet along said south line;
thence northerly 3590 54' 30" azimuth 1360.00 feet;
thence easterly 089016' 00" azimuth 330.52 feet;
thence southerly 179054' 30" azimuth 1360.00 feet to the 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 July 10,2002. In addition,
a public hearing shall
be held on Monday, July 15, 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 4th day of June 2002.
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Clerk of the Commission
Publish: Thursday, June 20,2002
Thursday, June 27,2002