HomeMy WebLinkAboutResolution 4690 Intent to Discontinue, Abandon and Vacate Portions of Street and Alley, Imes Addition dog 8o2��
COMMISSION RESOLUTION NO. 4690
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN,MONTANA,DECLARING IT TO BE THE INTENTION OF SAID
COMMISSION TO DISCONTINUE, ABANDON AND VACATE 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, City Commission Resolution 3628 requires certain procedures be followed to
review a petition to discontinue a street or alley including: (i) requiring the petition contain specific
information; (ii) acceptance of the petition by the City Commission(which occurred February 29, 2016);
(iii)the return of a report from the City's Engineering Division;(iv)a public hearing on whether to approve
the petition; (v) notice both mailed to affected property owners and published in the Bozeman Daily
Chronicle; and (vi) adoption of this Resolution; and
WHEREAS,notice was mailed in conformance with Resolution 3628 and a public hearing was
held on June 6, 2016 at which time reasonable opportunity was provided to the public and those that have
an interest in property abutting said right-of-ways to make objections to the discontinuance of these right-
of-ways; and
WHEREAS, the subject street and alley right-of-ways can be discontinued without detriment
to the public interests; and
Resolution 4690
WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants therein that
said right-of-ways be discontinued, provided, however, that said discontinuance does not affect the right
of any public utility to continue to maintain its plant and equipment in said right-of-way.
NOW, THEREFORE,BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana,to vacate 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 all 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 all 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
It is the intent of the Commission that the fee title to the land where the right-of-ways will be discontinued
will be declared,upon adoption of a final resolution discontinuing the street,to revert to Cannery District
Partners, LLC, for their benefit.
Section 3
Cit�En Engineering to Bring Back Plat and Final Resolution
Resolution 4690
By adoption of this Resolution, and in compliance with Resolution 3628,the City Commission of the City
of Bozeman hereby directs a plat depicting the changes approved herein be brought to the Commission
for review and decision on adoption along with a final resolution of discontinuance.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 61h day of June, 2016.
CARSON TAYLOR
Mayor
ATTEST:
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ROBIN CRII� a_ "
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City Clerk '<j°. ,� , , .•j _
APPROVED AS TO FORM:
OULLIVAN'City
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Resolution 4690