HomeMy WebLinkAboutOrdinance 88- 1249 Street vacation (2)
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ORDINANCE NO. 1249
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, VACATING AND ABANDONING A 3-FOOT WIDE BY 42,63-FOOT LONG
PORTION OF THE RIGHT-OF-WAY LOCATED ALONG THE EAST SIDE OF NORTH
WILLSON AVENUE BETWEEN WEST LAMME STREET AND WEST BEALL STREET IN
THE CITY OF BOZEMAN, MONTANA, AND PRESERVING PUBLIC EASEMENTS.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of
I Bozeman a petition by the owner of the property abutting on a portion of North Willson Avenue
between West Lamme Street and West Beall Street in the City of Bozeman, requesting that a
portion of said street right-of-way be vacated; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 5th day of
October 1987, at its regular meeting, passed and adopted Commission Resolution No, 2678,
declaring it to be the intention of the City Commission to vacate the following portion of
right-of-way, provided that a public easement to use the sidewalks located in said portion of
the right-of-way being sought to be vacated be preserved by the City:
A portion of North Willson Avenue located in the northwest one-quarter of Section
7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman,
Gallatin County, Montana, and being further described as follows:
Beginning at a point on the west line of Block A of Tracy's Third Addition which
bears north 00019'34" west a distance of 70,05 feet from the southwest corner of
said Block A. Thence south 89048'58" west a distance of 3,00 feet. Thence north
00019'34" west a distance of 42.63 feet. Thence north 89048'58" east a distance of
3,00 feet. Thence south 00019'34" east a distance of 42.63 feet to the point of be-
ginning; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
Daily Chronicle at least once, to wit, on the 7th day of October 1987, as appears from 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
I of the service of summons in civi I actions upon all persons whose property abuts upon the
portion of the above-described street right-of-way affected by the proposed vacation, which
return of service is on file with the Clerk of the City Commission of the City of Bozeman; and
WHEREAS, said notice, as published and served, designated the 19th day of October 1987
at 7: 00 o'clock p, m" at the Commission Room in the City Hall Building, Bozeman, Montana, as
the time and place for hearing objections; and
WHEREAS, no objections to said vacation were presented on the 19th day of October 1987,
at the regular meeting of the City Commission, nor were any objections filed in writing prior to
that meeting,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN:
That the following street right-of-way be vacated, provided that said vacation shall not
affect the right of any public utility to continue to maintain its plaot ~:lI:ld equipment in said
street and preserve an easement in the public right-of-way to use the sidewalk located therein,
more particularly described as follows:
A portion of North Willson Avenue located in the northwest one-quarter of Section
7, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman,
Gallatin County, Montana, and being further described as follows:
Beginning at a point on the west line of Block A of Tracy's Third Addition which
bears north 00019'34" west a distance of 70,05 feet from the southwest corner of
said Block A, Thence south 89048'58" west a distance of 3,00 feet. Thence north
00019'34" west a distance of 42,63 feet. Thence north 89048158" east a distance of
I 3,00 feet. Thence south 00019134" east a distance of 42,63 feet to the point of
beginning,
ORDI NANCE NO, 1249
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PROVISIONALL Y PASSED AND ADOPTED at the regular meeting of the City Commission of
the City of Bozeman held on the 2nd day of November, 1987,
JUDITH A, MATHRE
Mayor
ATTEST: I
ROBIN L, SULLIVAN
Clerk of the Commission
FI NALL Y PASSED AND ADOPTED at the regular meeting of the City Commission of the
City of Bozeman held on the 18th day of January, 1988,
ALFRED M, STIFF
Mayor
ATTEST:
ROBIN L, SULLIVAN
Clerk of the Commission
State of Montana )
County of Gallatin : ss
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify
that the foregoing Ordinance No, 1249 was published by title number in the Bozeman Daily I
Chronicle, a newspaper of general circulation printed and published in said City, in the issue
dated the 21 st day of January, 1988, and due proof of such publication is on file in my office,
ROB I N L, SULLIVAN
Clerk of the Commission
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ORD I NANCE NO, 1249