HomeMy WebLinkAboutResolution 3442 Intent to annex Baxter Meadows
COMMISSION RESOLUTION NO. 3442
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 WBC, L.P., owner of the tract sought to be annexed herein,
requesting
the City of Bozeman 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
west side of Davis Lane and north of future Oak Street; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State
of Montana is as follows:
That part of the southwest quarter and all of the southeast quarter of Section
34, Township 1 South, Range 5 East of P.M.M., and the northeast quarter of
Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County,
Montana, all described as follows:
Beginning at the northeast corner of said
Section 3;
thence southerly
181033'57", assumed azimuth from north, 2660.08feet along the east line of
the northeast quarter of said Section 3; thence westerly 270007' 11" azimuth
2636.21 feet along the south line of said northeast quarter; thence northerly
001012' 19"azimuth 2640.28 feet along the west line of said northeast quarter;
thence westerly 269051 '01" azimuth 1983.12 feet along the south line of the
southwest quarter of said Section 34; thence northerly 353001 '04" azimuth
249.09 feet; thence westerly 269045'45"azimuth 632.56 feet; thence northerly
000024'41 "azimuth 1750.20 feet along the west line of said southwest quarter;
thence easterly 089052' 17" azimuth 1322.67 feet along the south line of
Certificate of Survey No. 233; thence northerly 000022'38"azimuth 665.37 feet
along the east line of said Certificate of Survey No. 233; thence easterly
089053'19"azimuth 3971.29 feet along the north line of the southwest quarter
and the north line of the southeast quarter of said Section 34; thence southerly
180015'01"azimuth 2651.80 feet along the east line of the southeast quarter
of said Section 34, to the point of beginning.
WHEREAS, this tract contains 460.29 acres of land, more or less, along with and
subject
to all existing easements of record or of fact; and
WHEREAS, an annexation staff report has been prepared and submitted to the
Commission; and
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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 Bozeman so as to include said contiguous tract of land
hereinbefore
described within the corporate boundaries of the City of Bozeman,
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 the inhabitants of said contiguous tract
that the
boundaries of the 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 June, 2001 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 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 to the parcel of land to be embraced within the corporate
limits and boundaries of the City of Bozeman, at least once each week for two
consecutive 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 boundaries to 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 the Commission not later than 5:00 p.m. on
Thursday, June 21,2001.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 21 st of May 2001.
MA~N~~
ATTEST:
(i~st~
Clerk of the Commission
APPROVED- AS TO FORM:
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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 21 st day of May 2001, Commission Resolution No. 3442 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 460.29 acres of real property, proposed for annexation by WBC, L.P., lying along the
west side of Davis Lane and north of the future West Oak Street, in the County
of Gallatin, State of
Montana, is described as follows:
That part of the southwest quarter and all of the southeast quarter of Section 34,
Township 1 South, Range 5 East of P.M.M., and the northeast quarter of Section
3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, all
described as follows:
Beginning at the northeast corner of said Section 3; thence southerly 181033'57",
assumed azimuth from north, 2660.08 feet along the east line of the northeast
quarter of said Section 3; thence westerly 270007' 11" azimuth 2636.21 feet along
the south line of said northeast quarter; thence northerly 001012'19" azimuth
2640.28 feet along the west line of said northeast quarter; thence westerly
269051'01" azimuth 1983.12 feet along the south line of the southwest quarter
of said Section 34; thence northerly 353001'04" azimuth 249.09 feet; thence
westerly 269045'45" azimuth632.56 feet; thence northerly 000024'41" azimuth
1750.20 feet along the west line of said southwest quarter; thence easterly
089052'17"azimuth 1322.67 feet along the south line of Certificate of Survey No.
233; thence northerly 000022'38"azimuth 665.37 feet along the east line of said
Certificate of Survey No. 233; thence easterly 089053'19" azimuth 3971.29 feet
along the north line of the southwest quarter and the north line of the southeast
quarter of said Section 34; thence southerly 180015'01" azimuth 2651.80 feet
along the east line of the southeast quarter of said Section 34, 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 Thursday, June 21, 2001.
In
addition, a public hearing shall be held on Monday, June 25, 2001, 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.
DA TED this 29th day of May 2001 . ~. S&:U~
Clerk of the Commission
Publish: Friday, June 1, 2001
Friday, June 8, 2001