HomeMy WebLinkAboutResolution 4687 Discontinuing, Abandoning, and Vacating a Portion of Pear Street 2556020
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Charlotte IIII Mills IIII-IIGallatin County, MT MISC
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COMMISSION RESOLUTION NO. 4687 PLATTED
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND
VACATING A PORTION OF PEAR STREET IN THE NORTHERN
PACIFIC 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 a portion of Pear Street adjacent to Blocks 97 and 99
in said Northern Pacific Addition, has been filed with the City Clerk by Kenneth J. and Kristin
VanDeWalle, owners of property abutting the said street right-of-way, as shown in Exhibit "A"
attached hereto; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 1 lth day
of April, 2016, at its regular meeting, passed and adopted Commission Resolution No. 4666,
declaring it to be the intention of the City Commission to discontinue and abandon a portion of
Pear Street as shown on said Exhibit "A"; and
WHEREAS, the notice of the adoption of said Resolution was published in the
Bozeman Daily Chronicle on March 13t" and March 20"', 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 street affected by the proposed discontinuance, which return
Resolution No.4687
of service is on file with the Clerk of the City Commission of the City of Bozeman; and
WHEREAS, no legal objections to said vacation were presented on the I It" day of
April, 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 right-of-
way.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
The City Commission hereby orders the discontinuance of all the street right-of-way of Pear
Street contained within the following metes and bounds:
BEGINNING at the southwest corner of Parcel A of Certificate of Survey 539, located in Section
6, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin
County, Montana; thence N 440 57' 57" W a distance of 125.48 feet to the southeast corner of
Lot 31, Block 97, Northern Pacific Addition to the City of Bozeman, the true point of beginning;
thence S 450 02' 03" W a distance of 60.00 feet to a point on the southerly line of Pear Street;
thence N 440 57' 57" W along said southerly line of Pear Street a distance of 291.59 feet more or
less to a point on the right-of-way line of Interstate 90; thence S 690 16' 38" E along said right-
of-way line of Interstate 90 a distance of 146.17 feet to a point on the northerly line of Pear
Street; thence S 440 57' 57" E along said northerly line of Pear Street a distance of 158.38 feet to
the southeast corner of Lot 31, Block 97,Northern Pacific Addition the true point of beginning.
The discontinuance shall not affect the right of any public utility to continue to
maintain existing plant and equipment in the street right-of-way.
Section 2
Fee Title to Revert to Kenneth J. and Kristin VanDeWalle
Fee title to the land where the right-of-way will be discontinued as provided in Section 1, above,
is hereby declared to revert to Kenneth J. and Kristin VanDeWalle for their benefit and use
subject to any existing easements held by any public or private entity for utility facilities.
Resolution No.4687
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 25`h day of April, 2016.
ATTEST: CARSON TAYLObY, Mayor
1 V4
O If`
PEARL MIC14ALSON
Deputy/Interim City Clerk � � 883
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4, • ■ c °_
IN Co
"A' ♦•
APPROVED AS TO FORM:
- 4!
G SULLIVAN
City Attorney
EXHIBIT A
PEAR ST. AREA TO BE VACATED
Se
ge, . 1 �18
LOT 17
BLK 93
PEAR ST f-'—' INTERSTATE 90
00 FT WDe HWY Row MON
/`�
N 37`_-8Q VACATED
Cb
FND RB
Cb
e80. or w i
0 50' 100'
FND RB PARCEL "A' COS 539
h
F
rs
O FND RB NW COR TR 1 COS 1363
NOTE: THE AREA TO BE VACATED HAS NOT BEEN COMPLETELY SURVEYED AND WAS PREPARED
AS AN EXHIBIT ONLY. THE HIGHWAY RIGHT OF WAY HAS YET TO BE DETERMINED.
LEGEND
O MONUMENT FOUND AS NOTED
HWY ROW MONUMENT
C3 0e CONC MARKER
O 5/8" IRON PIN WITH
YELLOW PLASTIC CAP
FOUND
YELLOW PLASTIC CAPS
POINTS ON LINE
NORTH AND SOUTH SIDES OF PEAR ST.
FOUND MONUMENTS
----- - ADJOINERS AND HWY ROW
PEAR ST AREA TO BE VACATED
NORTH LINE
MILLWAUKE SPUR LINE
ARROWHEAD SURVEYIWO PC
MORRIS A ZAHN PLS
PO BOX 3743. SOZEM MM. MT 59772
405-5B7-2220
MOZANNOMSKOOM