HomeMy WebLinkAboutOrdinance 90- 1301, Street vacation (4)
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ORDINANCE NO. 1301 FILM 133 P,\Cf3999
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, VACATING AND ABANDONING 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 SOUTH- ".11
ERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT-OF-WAY, '11;
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IN BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE ........
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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.
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 Commis-
sion Resolution No. 2737, declaring it to be the intention of the City 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 Daily 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
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FlL ~ 133fACf4000
affected 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 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 ob-
jections filed in writing prior to that meeting; and
WHEREAS, the City Commission did on the 20th day of March 1989 provi-
sionally adopt Ordinance No. 1277, with final adoption pending completion of the
land survey for the alley easement; and
WHEREAS, the legal description of the street right-of-way to be vacated
must be revised to conform with the recently-completed alley survey and alley
easement document.
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 equip-
ment in said street, more particularly described as follows:
That portion of North Ida Avenue, adjacent to Block I of the
Rouse's First Addition to the City of Bozeman, located in the
northeast one-quarter of Section 7, Township 2 South, Range
6 East, Montana Principal Meridian, Gallatin County, Montana,
and being further described as follows:
Beginning at the southeast corner of Lot 14, Block I of
Rouse's First Addition; thence north 00052'52" west, along the
east line of said Lot 14, a distance of 149.74 feet; thence
south 55020'39" east a distance of 19.66 feet; thence south
00052'52" east, along the east line of North Ida Avenue, a
distance of 138,21 feet; thence south 88046'07" west, along an
extension of south line of said Block I, a distance of 16.00
feet to the point of beginning, Said portion of North Ida Ave-
nue being 2034 square feet.
PROVISIONALL Y PASSED AND ADOPTED BY THE CITY COMMISSION of
the City of Bozeman at a regular session thereof held on the 5th day of
February 1990.
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.. 133 PAC[ 4001
FILM
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.
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BRUCE E, BECKER
City Attorney
flff t~l1> i t of .ubJt~lttOtt
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STATE OF MONTANA, } ss. !
County of Gallatin,
Vivie Portnell , being duly sworn,
deposes and says: ThatLhe is Princi-oal Cl erk
of the Bozeman Daily Chronicle, a newspaper of general circulation,
printed and published in Bozeman, Gallatin County, Montana; and that the
notice hereunto annexed ( Orrl i mm (' p No_ 1101
) ,
has been correctly published in the regular and entire issue of every number of said paper
for ----L wnS1re1Itiw: insertion 23rd
day of February 19 ..2Q.... , and the last on the 19 90
? ':\rrl daYt::;J~ebr~o
,..-
-" Notary Public for the State of Montana, residing at
Bozeman, Montana I
Nu 1/\(( PUBLlC.for the slale of Montana
ResirJirg d []';ZS,:l<1H, Montana
fJy ::::,~(l(i'),i"'r1 c:(piros July 6, 1990
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m~ 133PACf4002
ATTACHMENT TO ORDINANCE No. 1301
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I PORTION TO BE VACATED
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I 267909
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I County of Gallatin ..
I Filed JULY. 14 , 19 93
at 3:54 PM., .....
I 16.00' Recorded in boo!< 133 of
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5 88046'07" W MISCELLANF.OlI~ Pagfl 'NM
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MENDENHALL ST. . Cou..-y Clerk & R....
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RT: CITY OF BOZEMAN
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