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HomeMy WebLinkAboutOrdinance 89- 1277 Vacating North IDA Ave NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: That the following alley be vacated, while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said alley, more particularly described as follows; That portion of North I da Avenue lying between Lot 14 of Block I of the Rouse's First Addition to the City of Bozeman on the west and Lot 22 of Block 32 of the Northern Pacific Addition to the City of Bozeman on the east and further lying between the northern boundary of the East Mendenhall Street right-of-way on the south and the southern boundary of the east/west alley right-of-way of Block I of the Rouse's First Addition to the City of Bozeman and as to be re-established in Block 32 of the Northern Pacific Addition to the City of Bozeman on the north. I 38 Lt ORDINANCE NO. 1277 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDON'ING THAT PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 14 OF BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND LOT 22 OF BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN THE NORTHERN BOUNDARY OF THE EAST MENDENHALL STREET RIGHT-OF-WAY ON THE SOUTH AND THE SOUTHERN BOUNDARY OF THE EAST/WEST- ALLEY RIGHT-OF-WAY, I N BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN AND AS TO BE RE-ESTABLlSHED IN BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE NORTH. I WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman a petition by the owner of the properties abutting that portion of North Ida Avenue lying between Lot 14 of Block I of the Rouse's First Addition to the City of Bozeman on the west and Lot 22 of Block 32 of the Northern Pacific Addition to the City of Bozeman on the east and further lying between the northern boundary of the East Mendenhall Street right-of-way on the south and the southern boundary of the east/west alley right-of-way, in Block I of the Rouse's First Addition to the City of Bozeman and as to be re-established in Block 32 of the Northern Pacific Addition to the City of Bozeman on the north, requesting that said street be vacated; and WHEREAS, the City Commission of the City of Bozeman, Montana, on the 13th day of February 1989, at its regular meeting, passed and adopted Commission Resolution No. 2737, declaring it to be the intention of the Gity Commission to vacate the following street right-of-way; That portion of North Ida Avenue lying between Lot 14 of Block I of the Rouse's First Addition to the City of Bozeman on the west and Lot 22 of Block 32 of the Northern Pacific Addition to the City of Bozeman on the east and further lying between the northern boundary of the East Mendenhall Street right-of-way on the south and the southern boundary of the east/west alley right-of-way of Block I of the Rouse's First Addition to the City of Bozeman and as to be re-established in Block 32 of the Northern Pacific Addition to the City of Bozeman on the north. WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Dai Iy Chronicle at least once, to wit, on the 23rd day of February 1989, 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 of the service of summons in civil 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 fi Ie with the Clerk of the city Commission of the City of Bozeman; and WHEREAS, said notice, as published and served, designated the 6th day of March 1989 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 6th day of March 1989, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting. I ORDINANCE NO. 1277 PROVISIONALLY PASSED AND ADOPTED BY THE CITY COMMISSION of the City of Bozeman at a regular session thereof held on the 20th day of March 1989. I MARY B. VANT HULL Temporary Chairman ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED BY THE CITY COMMISSION of the City of Bozeman at a regular session thereof held on the 20th day of February, 1990. ROBERT L. HAWKS Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Ordinance No. 1277, was published by title number in the Bozeman Dai Iy Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the day of , 1989, and said proof is on file in my office. I N WI TNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office. ROBIN L. SULLIVAN Clerk of the Commission I ORDINANCE NO. 1277 38 ~~