HomeMy WebLinkAboutResolution 3368 Intent to annex landfill, 200 acres
COMMISSION RESOLUTION NO. 3368
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 the City of Bozeman, 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 immediately north of Bridger Creek Golf Course and Bridger Creek
Subdivision, Phase III, along the west side of Story Mill Road; and
WHEREAS, the legal description of this contiguous tract, in the County of Gallatin,
State of Montana, is as follows:
A parcel of land located in the Southwest one-quarter and the Southeast
one-quarter of Section 30, Township 1 South, Range 6 East, Montana
Principal Meridian, Gallatin County, Montana, being more particularly
described as follows:
The Southeast Quarter (SE Y4) and all that part of the Southwest Quarter
(SWY4) lying east of the County road in Section 30, Township 1 South,
Range 6 East, Montana Principal Meridian, according to the official plat
thereof on file and of record in the Office of the Clerk and Recorder,
Gallatin County, Montana, described as follows:
Beginning that the East Quarter Corner of Section 30, Township 1 South,
Range 6 East, Montana Principal Meridian; thence South 00058'16" West,
along the North/South section line, a distance of 2482.44 feet, to the
Southeast Corner of Section 30; thence South 88015'39" West, along the
East/West section line, a distance of 2616.92 feet, to the South Quarter
Corner of Section 30; thence North 01 034'52" East, along the North/South
quarter section line, a distance of 146.82 feet, to the centerline of
Mcllhattan Road; thence following the centerline of Mcllhattan Road
through the following course: North 25023'47" West a distance of 80.31
feet; North 45045'25" West a distance of 209.3 feet; North 31038'51"
West a distance of 218.34 feet; North 35052'41" West a distance of
141.88 feet; North 38041'49" West a distance of 158.64 feet; north
34048'47" West a distance of 200.1 feet; North 36005'04" West a
distance of 217.09 feet; North 28021 '22" West a distance of 207.62 feet;
North 08033'10" West a distance of 266.81 feet; North 05029'34" West
a distance of 304.32 feet; North 49018'20" West a distance of 236.97
feet; North 37037'05" West a distance of 360.81 feet; North 34028'39"
West a distance of 318.86 feet; North 34037'14" West a distance of
168.76 feet; Thence South 87044'18" East, along the East/West quarter
section line, a distance of 4215.21 feet to the Point of Beginning.
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WHEREAS, this tract contains 201.22 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
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 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
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held in the Commission Room in the Municipal Building of said City on the 7th day of August
2000, 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 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 Thursday, August 3, 2000.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 19th day of June 2000.
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ATTEST: MARCIA B. YOUN6MAN, Mayor
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R IN L. SULLIVAN
Clerk of the Commission
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