HomeMy WebLinkAbout12_ORDINANCE 896 FM7PG1534 --- -- ORDINANCE CIO: 8 9 6 '
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING A PORTION
OF THE,.DEDIC'.ATED ALLEY OF DAWES SUBDIVISION OF PORTIONS
OF BLOCK C, BLACKS ADDITION -AND FRACTIONAL LOT 17 OF
LINDLEY P.ND GUY'S ADDITION OF ` HE CITY OF BOZEMA.I,
MONTANA.
WHEREAS, certain property owners owning property abutting
a poxtion of the dedicated alley of Dawes Subdivision of portions
of Block C,. Blacks .Addi.tion and Fractional Lot 17 of Lindley. and
Guy's Addi.tion ,of the City of Bozeman, Montana, having presented to
the City Commission a petition asking the City Commission to
i.Ptitute the necessary proceedings to vacate a portion of the
above described dedicated alley; and
WHEREAS, the City Commission on the 3rd day of June, 1970 at
its regular meeting, passed and adopted- Commission Resolution No.
1432 declaring it to be .the. intention of the City Commission of
the City of .Bozeman, ,Montana, to vacate a portion of the dedicated
alley of Dawes.. subdivision of portions of Block C, Blacks Addition
and fractional lot 17 of Lindley and Guys addition of the City
of Bozeman, Montana, and directing the City Manager to- cause notice..
of the adoption of the Resolution to be served in she manner .that
service aE Stpmons is required on all persons whose property abutts
on that portion: of the, dedicated alley above described which will
be affected.by. the. proposed vacation, and by publication once in -
a daily newspaper in general circulation in the City of Bozeman,
Montana, as .provided by law, and,
WHEREAS., pursuant to said Resolution, notice of the adoption
of said Resolution was published in the Eozeman. Daily Chronicle at
least once,. to-wit, on -the $th day of. June 1570, as
appears, from the Affidavit of Publication of the publisher of said
Bozeman Daily Chronicle, which isdo file with .the Clerk of the �
City Commission of the City of Bozeman; and
WHEREAS, said notice of the adoption of the said Resolution
has been served in the manner of the service of Summons in civil
actions Upon Melvin Hultgren, Myrtle Hultgren. Wayne I. Snyder,
Lowell L. Christensen, Delores F. Christensen; Floyd C. Harrington,
Birdie-S. Davis, Walter R. Cline,. Charlotte E. Cline, Roy Earl Davis,
O.F - Christenot, Aiiaette Christenot, and Katherine Sim. Titus,
they being the persons whose prppexey....abutt.s upon the portions
of streets and alleys affected u`y" tale proposedA vacation, hi—ch
said notice designated July 1, 1970, at 1:00 o' clock p.m. at the
Commission room in the City Hail Building in the City of Bozeman
as the time and place for hearing objections; and
WHEREAS, . on the 1st day of July: 1970, at its regular meeting
the City Commission"fully heard objections to and the evidence in
support of said vacation;, and
NOW, THEREFORE, be. it ordained by the Commission of the City
of Bozeman:
Section 1
That, all that. portion.,of the dedicated alley of. Dawes Sub-
division of portions of Block C, Blacks Addition and Fractional
Lot 1.7 of Lindley and Guy's Addition, more fully described as
follows, be, and the same hereby is vacated and discontinued:
Beginning. at the -.southwest, corner of lot 12 of said
-
DarRes Subdivision", "beiiig a point on the sottherly
line of said Dawes Subdivision" and the so-utheast
corner 'of the alley-of, said Dawes, Subdivision; thence
northerly' along thm westerly lot. lines. of lots 3 thru
li; a distance of:. 240. feet; thence: westerly along the
southerly line..of the. M.I] :; and.Myrtle.Hultgren property
a distance of-l6 feet; thence southerly a long the
easterly lot li.es_.of..lots._-13 thru 22 a distance of
24o-• feet to the southerly line of said Dawes Subdivision;
thence easterly along said;southerly line a distance of
16 feet to the point of beginning.
RESERVING,.. HOWEVER., to,the ,City of Bozeman a perpetual
easement in. said alley for the installation and main*
tenance of-.utility limes. including sewer, water, elec-
tricity, and, gas transmission lines, it being the
-2-
intention. and purpose of the vacation of said alley
to aban&on the surface rights for public trans-
portation but to retain subsurface rights for utility
purposes.
Section 2
This ordinance shall be in full force and effect from and
after thirty (30) days after its adeptian.
PROVISIONALLY PASSED AND ADOPTED at the regula nueeting of
the City Commission of the City of Bozeman held t is Ist da of
July, 1970.
ATTEST:
Maya
11
_ R4
A- 3-t
mmzssa on
OE
ileum� y
r .-},,�0._sue.
THE
AN ORWItAIiCB
OF 1lOZEItAIt kA"!'I d-
` pORTM,, OF` THE DEWA-`.
»ott
TED ALLEY OF Ii&Ft StJB
BLOCK'C, _A
��.. AND,F#tlt"nm kt.LOT 17'(W 1
LEpDI, Y Z.
STATE_F MONTANA _TIWO.F. on OIF ADZE
County of Gallatin, ss. zsN
i... Cc%*of-
3 .................------- Kati. ..Scott.•.....--- ---- , being duly sworn, Stakx
deposes and sa - That..a.he is . Pxine" - .._._... .. - I Eruct Y. $ '
. p ys• PrineiloaL.Glark--- -. aititmB. Clel`t 4f.
�e City C�of the attar,
of the Bozeman......P_.94 Y..._..__ Chronicle, a newspaper of general cir- Aaresu ey d� ter�y`eertiy
.bit the [`>is .tbe tFee
culation, printed and.published in.Bozeman, Gallatin County; Montana; ca[zecf ttt3e nambzr at.
;ice *:.am`pasS a !
and that the notice hereunto annexed, (........................... re;
tsess3°a
-
Ordirtanae # $qb 4 3
.................................. . .............••••----•--------....--•-............... aa:ttte d� of
E�fA-;ir �1�RDIlFG.-
has been correctly published:in,the regular and enure issue of every numb Ckxt cf tbe,c,q'Coaa> S;on
2 ala �( 1,. braes •._.., the first of which publication w
j for.._...------ . . ...........:... ....•- - -
day_of.............July.................... 19.....70, and the last on the .. 14th.......... day of --------JU17_.... 19_-....,71D
Subscribed and sworn to before me this ..... day of............................Sgy..........__......_.. 19 -......7a-
.-•._..... . . _.Q3r_C.;r_,"to o. ... •... ............
Notary Public for the State of.l4lontana, residing at
Bozeman, Montana
NOTARY;?t!6u0 for the State of Montana
Redding at 8oz�man, Montana
u My CoMm►sAw Expires January 21, 1972
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