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HomeMy WebLinkAboutC13. Res 4695 - Discontinue Streets Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Rick Hixson, City Engineer SUBJECT: Approve Resolution 4695, Discontinuing Various Streets and Alleys in and adjacent to Blocks 1, 2 and 3, Imes Addition MEETING DATE: June 20, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4695, Discontinuing Various Streets and Alleys in and adjacent to Blocks 1, 2 and 3, Imes Addition. BACKGROUND: A petition has been received from Cannery District Partners, LLC (applicant), to discontinue the street and alley rights-of-way within the proposed Cannery District Planned Unit Development (PUD) located off E. Oak Street, west of Rouse Avenue. The petition was acknowledged by the City Commission and referred to staff for review on February 29, 2016. See the staff memorandum. Staff has reviewed the proposal (see the attached Engineering Report) and has found that these right-of-ways could be discontinued without detriment to the public interest. Section III of Exhibit A to Resolution 3628 (2003) establishes procedures for the Commission’s determination on a petition to discontinue a right-of-way. This resolution is the final step in the established procedures. A public hearing took place on June 6, 2016, and Resolution 4690, a Resolution of Intent to Discontinue Various Streets and alleys in and adjacent to Blocks 1, 2 and 3, Imes Addition to the City of Bozeman, Gallatin County, Montana was considered and the following motion by the City Commission passed 5-0: 177 “Having conducted a public hearing and considered public comment, I move to adopt the findings provided in the staff memorandum and approve the petition by Cannery District Partners, LLC, to discontinue the streets and alleys in and adjacent to Blocks 1, 2 and 3 of the Imes Addition as shown on Exhibit A of Resolution 4690 and adopt Resolution 4690 , a Resolution of Intent to discontinue the street and alley right-of-ways and request staff bring back a final resolution to discontinue these rights-of-way.” UNRESOLVED ISSUES: An easement to establish an acceptable boundary for an existing water main that is within portions of the right-of-ways to be abandoned is to be granted by Cannery District LLC. Should the Commission approve the petition and adopt this Resolution, City Engineering will develop a plat and a final resolution for Commission consideration on a future consent agenda. Upon approval of the final resolution discontinuing these streets and alleys the approved plat and final resolution will be filed with the Gallatin County Clerk and Recorder. FISCAL EFFECTS: Fiscal effects are minor. There has been minimal staff time to prepare a plat and final resolution, and there will be the costs of filing the plat and resolution with the Clerk and Recorder. The abolishment of Montana Avenue would eliminate current and future street maintenance costs. The land included in the vacated right-of-ways would become part of the applicants’ property and subject to the same taxation as the rest of the property. Attachments: Commission Resolution No. 4695 Exhibit A, plat of vacations Report compiled on June 7, 2016 178 Page 1 of 3 COMMISSION RESOLUTION NO. 4695 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND VACATING PORTIONS OF STREET AND ALLEY RIGHT-OF-WAYS IN BLOCKS 1, 2, AND 3 OF IMES ADDITION TO THE CITY OF BOZEMAN, LOCATED IN SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, a petition to vacate portions of streets and alleys in and adjacent to Blocks 1, 2 and 3 in said Imes Addition, has been filed with the City Clerk by Cannery District Partners, LLC, owners of property abutting the said street and alley right-of-ways, as shown in Exhibit "A" attached hereto; and WHEREAS, the City Commission of the City of Bozeman, Montana, on the 6th day of June, 2016, at its regular meeting, passed and adopted Commission Resolution No. 4690, declaring it to be the intention of the City Commission to discontinue and abandon a portions of various street and alley right- of-ways as shown on said Exhibit “A”; and WHEREAS, the notice of the public hearing to consider adoption of said Resolution was published in the Bozeman Daily Chronicle on May 29th and June 5th, 2016, as appears on the affidavit of publication of the publisher of said Bozeman Daily Chronicle, which is on file with the Clerk of the City Commission of the City of Bozeman; and WHEREAS, said notice of the adoption of said Resolution has been served in the manner of the service of summons in civil actions upon all persons whose property abuts upon the portion of the above-described streets and alleys affected by the proposed discontinuances, which return of service is on file with the Clerk of the City Commission of the City of Bozeman; and 179 Resolution 4695 – Discontinuing, Abandoning and Vacating Portions of Street and Alley Right-of-Ways in Blocks 1, 2, and 3 of Imes Addition Page 2 of 3 WHEREAS, no legal objections to said vacation were presented on the 6th day of June, 2016, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting; and WHEREAS, it is in the City's best interests to discontinue the subject street and alley right-of- ways. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The City Commission hereby orders the discontinuance all of the right-of-ways in Blocks 1, 2, and 3 of Imes Addition as described as follows: Montana Avenue, from the north line of Tract A, Amended Plat C-41-D of Imes Addition, to the south line of Oak Street as established by Ordinance No. 575; All of the north-south alley in Block 2 of Imes Addition, from the north line of Tract A, Amended Plat C-41-D of Imes Addition to the north line of Block 2, Imes Addition; Bozeman Avenue, from the north line of Tract A, Amended Plat C-41-D of Imes Addition to the north line of Blocks 2 and 3, Imes Addition; All of the north-south alley in Block 3 of Imes Addition from the north line of Tract B, Amended Plat C-41-E of Imes Addition to the north line of Block 3, Imes Addition; All of Oak Street as established by Ordinance No. 575 from the north line of Tract B, Amended Plat C-41-E of Imes Addition to the east line of Montana Avenue; all as shown on the attached Exhibit A. The discontinuances shall not affect the right of any public or private utility facility to continue to maintain currently established plant and equipment in the street or alley right-of-ways. Section 2 Fee Title to Revert to Cannery District Partners LLC 180 Resolution 4695 – Discontinuing, Abandoning and Vacating Portions of Street and Alley Right-of-Ways in Blocks 1, 2, and 3 of Imes Addition Page 3 of 3 Fee title to the land where the right-of-ways will be discontinued as provided in Section 1, above, is hereby declared to revert to Cannery District Partners, LLC, for their benefit and use subject to any existing easements held by any public or private entity for utility facilities. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of June, 2016. ________________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________________ GREG SULLIVAN City Attorney 181 182