HomeMy WebLinkAboutOrdinance 90- 1299, Street vacation (3)
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ORDINANCE NO. 1299
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, VACATING AND ABANDONING THAT
PORTION OF ORANGE STREET LYING BETWEEN THE EAST
ONE-HALF OF BLOCK 50 AND THE EAST ONE-HALF OF
BLOCK 53 OF THE NORTHERN PACIFIC ADDITION TO THE
CITY OF BOZEMAN, MONTANA.
WHEREAS, there has been fi led with the Clerk of the City Commission of
the City of Bozeman a petition by the owner of the properties abutting that
portion of Orange Street lying bewteen the east one-half of Block 50 and the
east one-half of Block 53 of the Northern Pacific Addition to the City of
Bozeman, Montana, requesting that said street be vacated; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the
18th day of December 1989, at its regular meeting, passed and adopted Commis-
sion Resolution No. 2771, declaring it to be the intention of the City Commission
to vacate the following street right-of-way:
That portion of Orange Street located between the east one-
half of Block 50, Northern Pacific Addition, and the east
one-half of Block 53, Northern Pacific Addition, which lies
west of a straight line from the northeast corner of Block 52,
Northern Pacific Addition, to the northeast corner of Block
50, Northern Pacific Addition.
WHEREAS, the notice of the adoption of said Resolution was published in
the Bozeman Daily Chronicle at least once, to wit, on the 3rd day of January
1990, as appea rs from the affidavit of publ ication 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 af-
fected 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 15th
day of January 1990 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 15th day
of January 1990, at the regular meeting of the City Commission, nor were any
objections filed in writing prior to that meeting.
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. fllH 132 rACE 3173
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOZEMAN:
That the following street be vacated, while preserving an easement
therein for any public utility to continue to maintain existing plant and
equipment in said street more particularly described as follows:
That portion of Orange Street located between the east one-
half of Block 50, Northern Pacific Addition, and the east
one-half of Block 53, Northern Pacific Addition, which lies
west of a straight line from the northeast corner of Block 52,
Northern Pacific Addition, to the northeast corner of Block
50, Northern Pacific Addition.
PROVISIONALLY PASSED AND ADOPTED BY THE CITY COMMISSION of
the City of Bozeman at a regular session thereof held on the 22nd day of
January 1990.
RO
,
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FINALLY PASSED AND ADOPTED BY THE CITY COMMISSION of the City .
,
of Bozeman at a regular session thereof held on the 5th day of February
1 990.
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li!i!ilil~lil!l!ii!i!I: PORTION OF STREET VACATED ORANGE STREET VACA liON
BY THIS ORDINANCE"
ORDINANCE NO. 1299
"' JAN, 1990
CITY ENGINEER'S OFFICE
DRAWN BY T. LAItSOH
.lUN[ '''1
THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
THE 3rd DA Y OF June , A,D., 19 93
IFFICE OF COUNTY RECORDER)
:OUNTY OF GALLATIN ) AT 4: 00 P 1\1" AND WAS DULY RECORDED IN BOOK 132
;TATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 3172
f"ee $ 24. 00 Sheney M. Cheng, RECORDER. BY crur~t-::t~ 0 (lLM~ DEPUTY
Rt: City of Bozeman