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
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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
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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.
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ATTEST:
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Clerk of the Commission
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