HomeMy WebLinkAboutResolution 3497 Intent to annex Glen Haven
COMMISSION RESOLUTION NO. 3497
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 Springer Group Architects. on behalf of Glen Haven Properties.
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 on the south side of West Babcock Street
and generally
lying between Donna Drive and Virginia Drive; and
WHEREAS. the legal description of this contiguous tract. in the County of Gallatin,
State
of Montana, is as follows:
A tract of land in the West Y2 of the West Y2 of the Northeast % of Section 11,
Township 2 South. Range 5 East. Montana Principal Meridian, Gallatin County.
Montana.
Commencing at the North 1/16 corner of the Southwest % of said
Section 11, thence S89024'00"E. a distance of
110.00 feet to the true point
of beginning,
thence S89024'00"E. a distance of 190.65 feet,
thence 500039' 40"W a distance of 435.72 feet,
thence S89024'00"W a distance of 301.70 feet,
thence NOo047' 16"E, a distance of 292.04 feet,
thence S89024'00"E, a distance of 110.00 feet,
thence NOo047' 16"E, a distance of 150.00 feet
to the true point of beginning, said parcel containing 2.65 acres including 32.50-
foot public street right-of-way along the northernmost line of the above
described tract.
WHEREAS. this tract contains 2.65 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, 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 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
January 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
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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, January 2, 2002.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 10th day of December 2001.
MA~f~or
ATTEST:
~_L~
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 10th day of December 2001 , Commission Resolution No. 3497
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 OFTHE 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 2.65 acres of real property, proposed for annexation by Springer Group Architects
on
behalf of Glen Haven Properties, Inc., lying on the south side of West Babcock
Street and generally
lying between Donna Drive and Virginia Drive, in the County of Gallatin, State
of Montana, is
described as follows:
A tract of land in the West Y2 of the West Y2 of the Northeast Y4 of Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County,
Montana.
Commencing at the North 1/16 corner of the Southwest Y4 of said
Section 11, thence S89024'00"E, a distance of 110.00 feet
to the true point
of beginning,
thence S89024'00"E, a distance of 190.65 feet,
thence SOoo39'40"W a distance of 435.72 feet,
thence S89024'OO"W a distance of 301.70 feet,
thence NOoo47' 16"E, a distance of 292.04 feet,
thence S89024'00"E, a distance of 110.00 feet,
thence NOoo47' 16"E, a distance of 150.00 feet
to the true point of beginning, said parcel containing 2.65 acres including 32.50-
foot public street right*of-way along the northernmost line of the above
described tract.
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,
January 2, 2002. In addition, a public hearing shall be held on Monday, January
7, 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.
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DATED this 11th day of December 2001.
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Clerk of the Commission
Legal Ad
Publish: Thursday, December 13, 2001
Thursday, December 20, 2001
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