HomeMy WebLinkAboutResolution 2879 Intent to annex Bridger Creek Dev., 287.5 acres - Golf Course Partners
, t
COMMISSION RESOLUTION NO. 2879
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 PARTICULARL Y 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 Golf Course Partners, Inc., owners of the entire tract
sought to be annexed herein, requesting the City Commission to extend the boundaries of
the City of Bozeman so as to include this contiguous tract of land within the boundaries of
the City of Bozeman; and
WHEREAS, the legal description of this contiguous tract, which is bounded in part
by Story Mill Road on the east, the East Gallatin Recreation Area and a portion of the East
Gallatin River on the west and the City landfill on the north, in the County of Gallatin, State
of Montana, is as follows:
. Certificate of Survey No. 1353 and Certificate of Survey No. 1353B,
located in Section 31, Township 1 South, Range 6 East, Montana
Principal Meridian, Gallatin County, Montana; and
WHEREAS, this tract contains 287.5 acres; and
WHEREAS, the above-described tract is the subject of a plat(s) or Certificate(s) of
Survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and
WHEREAS, an annexation staff report has been prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on
September 14, 1992; 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 SID's, and water and sewer hookup fees, to said
contiguous tracts 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
, I
extend the boundaries of the City of Bozeman so as to include said contiguous tract
hereinbefore described within the corporate limits of said City of Bozeman.
NOW, THEREFORE, BE IT RESOL VEO 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 freeholders 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 the 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 19th day of
October 1992 at 7:00 p.m. be, and the same 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 parcels 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
- 2 -
.- ....--...--
.._.._.____.. .____ ..___...___.. ...___..__._._.____n__._. .__
---
. f
that such resolution has been duly and legally passed, that comments will be received at the
time and place designated in Section 2 above, and that for a period of twenty days after the
first publication of such notice, the Clerk of the City Commission will receive expressions,
in writing, of approval or disapproval of the proposed extension of the boundaries of the City
.Of Bozeman from freeholders of the territory proposed to be embraced therein.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 21 st day of September 1992.
~~~
TIMOTHY SW ON, Mayor
ATTEST:
~:y ;1~
ROIN L. SUl-:ttvAN
. Clerk. of the'Commission
.
APPROVED AS TO FORM:
.
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Notice in Re for Commission Resolution No. 2879 was
published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed
. and published in said City, in the issue dated the 24th day of September 1992, and due proof
of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my .
office. /.___:-_-= r
~. .
- -
.~~~
R - ft2 SULL~A~ -
Clerk of the Co-mmissfon ~
- 3 -
---
--
. ..
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 September 1992, Commission Resolution No. 2879 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 PARTICULARL Y DESCRIBED, TO
EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
The real property proposed for annexation by Golf Course Partners, Inc., is bounded
in part by Story Mill Road on the east, the East Gallatin Recreation Area and a portion of the
East Gallatin River on the west and the City landfill on the north, in the County of Gallatin,
State of Montana; and the legal description is as follows:
Certificate of Survey No. 1353 and Certificate of Survey No. 1353B,
located in Section 31, Township 1 South, Range 6 East, Montana
Principal Meridian, Gallatin County, Montana.
For a period of twenty (20) days following the first publication of this Notice, the
. Clerk of the Commission will receive expressions, in writing, of approval or disapproval of
the proposed extension of the boundaries of the City of Bozeman from the freeholders of the .
tract proposed to be annexed.
<
In addition, a public hearing shall be held on Monday, October 19, 1992, at 7:00
p.m. in the Commission Room of the 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 21st day of September 1992.
. ~~~
R N L. SULLIVAN
Clerk of the CommisSion
.
Legal Ad
.
Publish: Friday, September 25, 1992
Friday, October 2, 1992
--- .-.--..----
---..-- ---..---
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing notice was published by title and number in the Bozeman Daily
Chronicle, a newspaper of general circulation printed and published in said City, in the issues
. dated the 25th day of September 1992 and the 2nd day of October and due proof of such
publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
~/~
R BIN L. SULLIVAN
Clerk of the Commission
.
.
-2-