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HomeMy WebLinkAboutResolution 3789 Intent to annex 206 acres of State land COMMISSION RESOLUTION NO. 3789 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 OWNERS 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 State of Montana, Central Land Office, Department of Natural Resources and Conservation, owner of the tracts 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 portion of land located north and east of Interstate 90, north of Mandeville Lane, and west of Flora Lane. WHEREAS, the legal description of this contiguous tract, in the County of Gallatin, State of Montana, is as follows: The SW '1.4 of Section 36, less the Lewis & Clark Commercial Subdivision, Plat J-376, less Minor subdivision 320, Lot 1 and including Tract 2, COS 1723 and the W1/2, SE1/4 of Section 36, less the Gordon Mandeville State School Section Subdivision, T1 S, R5E, PMM, Gallatin County. WHEREAS, this tract contains 206 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 an application for annexation meeting the requirements of 7-2-4403; 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, public street and utility easements, water rights or cash-in-lieu, waivers of right to protest creation of SIDs, impact fees; and provision of services to the land, 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 owners 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 16th day of May 2005, 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 7-2-4405, 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 written -2- . ...- ... - ..---..... -.---.------ ----.----- 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, May 11, 2005. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of April 2005. -,- A ATTEST: fi:2suCv;/~ J Clerk of the Commission -....-------.----.-- .. .. - -----.-------.-----.---...-