HomeMy WebLinkAboutResolution 4608 Intention to Create the Cannery Annexation District COMMISSION RESOLUTION NO. 4608
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
CREATE THE CANNERY ANNEXATION DISTRICT TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF
PURSUANT TO THE PROVISIONS OF THE ANNEXATION DISTRICT
AGREEMENT FOR THE CANNERY DISTRICT PROPERTY.
WHEREAS,there has been presented to the City Commission of the City of Bozeman a written
application from Cannery District Partners, L.L.C., owner of the tracts sought to be annexed herein,
requesting the City Commission create an annexation district for the purpose of extending the boundaries
of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana, pursuant
to the terms of the annexation district, certain contiguous tracts of land lying generally northwest of the
intersection of East Oak Street and North Rouse Avenue, excepting already annexed and zoned properties.
WHEREAS, the legal description of the contiguous tracts, in the County of Gallatin, State of
Montana, is as follows:
Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS
2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section
6, T2S, R6E,P.M.M., Gallatin County,Montana.
WHEREAS, the tracts contain 8.99± acres of land, more or less, along with and subject to all
existing easements of record or of fact; and
WHEREAS, the above-described tracts are the subject'<of plats or Certificates of Survey, filed
in the office of the Gallatin County Clerk and Recorder's Office; and
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Resolution 4608,Intent to Create Cannery Annexation District
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, Cannery District Partners, LLC has submitted the attached Annexation District
Agreement for Cannery District Property which creates the terms, conditions, and timing for the provision
of services by the City to the Cannery Annexation District and the annexation of the tracts herein
described;
WHEREAS, prior to creation of the Cannery Annexation District and the annexation of the
above described tracts, an agreement between the City and the owner 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 Special Improvement
Districts, impact fees, water and sewer hookup fees, sewer and water capacity analysis, annexation
timing, interim provision of services, impact fees and traffic impacts 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 tracts hereinbefore described to create the Cannery Annexation
District and 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 pursuant to the
terms of the attached Annexation District Agreement for the Cannery Annexation District (the
"Annexation Agreement").
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
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Resolution 4608,Intent to Create Cannery Annexation District
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 by creation of the Cannery District Annexation pursuant to Section 7-2-4625,
MCA, so as to include the contiguous tract hereinbefore described within the boundaries and corporate
limits of the City of Bozeman, Montana pursuant to the terms of the Annexation Agreement, included
herein as Attachment A.
Section 2
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room in Bozeman City Hall on the 20th Day of July, 2015, is hereby designated as the time
and place at which comments in favor of or opposed to the creation of the Cannery Annexation District,
the authorization for the Mayor to sign the Annexation Agreement, and the phased annexation of the
property will be heard by the Commission. j
Section 3
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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
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are sent, all owners and purchasers under contract for deed of the property
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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 the parcel of land to be embraced within the corporate
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Resolution 4608,Intent to Create CanneyAnnexation Disbiet
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 City Clerk shall be to the effect that such resolution has been duly
and legally passed, and that the City Clerk will receive written comments of approval or disapproval of
the proposed creation of the Cannery Annexation District,the approval of the Annexation Agreement, and
the 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 City Clerk not later than 5:00
p.m. on July 17th 2015.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 22nd Day of June, 2015.
KRAUSS
ATTEST:
13 0 �' ,
00
A"
STA r Y ME s , CMC= _
City'Clerk �
APPROVED AS TO FORM:
l
0"IU SULLIVAN
City Attorney
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Resohition 4608,Intent to Create Cannery Annexation District
NOTICE
NOTICE IS HEREBY GIVEN that at a regular session of the Commission of the City of
Bozeman held on the 22nd.Day of June, 2015, Commission Resolution No 4608 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 PARTICULARLY DESCRIBED, TO
CREATE THE CANNERY ANNEXATION DISTRICT TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF
PURSUANT TO THE PROVISIONS OF THE ANNEXATION DISTRICT
AGREEMENT FOR THE CANNERY DISTRICT PROPERTY.
The 8.991: acres of real property, proposed for.annexation by Cannery District Partners, LLC,
lying generally northwest of the intersection of East Oak Street and North Rouse Avenue, excepting
already annexed and zoned properties, in the County of Gallatin, State of Montana, is described as
follows:
Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS
2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section 6, T2S,
R6E, P.M.M., Gallatin County, Montana.
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For a period of twenty (20) days following the first publication of this Notice, the Bozeman City
will receive comments, in writing, of approval or disapproval of the proposed creation of the Cannery
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Annexation District, the proposed Annexation District Agreement which describes the services provided
by the City and the phased timing of annexation, and the extension of the boundaries of the City of
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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 July 17, 2015. In addition, a public hearing shall be held on the 20th Day of July,
2015 at 6:00 p.m. in the Commission Room of Bozeman City Hall, at 121 North Rouse Avenue,
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Resolution 4608,Intent to Create Cannery Annexation District
Bozeman, Montana, for the purpose of hearing testimony in support of or in opposition to the creation of
the Cannery Annexation District and the phased annexation of the above-described real property.
DATED this 23rd day of June, 2015.
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Stacy UlxrienM as {
Bozeman Ci, y Clerk ®°�® 1883
��IN CO'
Publish: Sunday June 28, 2015
Sunday July 5, 2015