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HomeMy WebLinkAboutOrdinance 90- 1301, Street vacation (4) -. . , 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; ~ ".- IN BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE ........ .- 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 '. . 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. - 2 - , .. 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. .' -- \. ,- ?;VED ;~ ~Z. ~ BRUCE E, BECKER City Attorney flff t~l1> i t of .ubJt~lttOtt -' 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 - 3 - - -'''._,:~ . . m~ 133PACf4002 ATTACHMENT TO ORDINANCE No. 1301 I I I ......... _. ~ - - ~ .",... ALLEY --r-----~ IS 20' I .6. ~S~ fS ~ I I I I l8r I I I I LOT 14 I I BLOCK I I ROUSE'S I sf I ADDITION ~ . UJ I UJ N N >. 10 10 -v <t N N """ . I N . aJ 10 10 (7) rt') 0 0 v _ 0 I 0 - <[ 0 0 0 z (J) I - I . z I PORTION TO BE VACATED . I . ~J I I 267909 I fbtIotNontanll I County of Gallatin .. I Filed JULY. 14 , 19 93 at 3:54 PM., ..... I 16.00' Recorded in boo!< 133 of ..... - ~ - - - - -- ------- 5 88046'07" W MISCELLANF.OlI~ Pagfl 'NM ,,,,It,, II, Cbllll8Y MENDENHALL ST. . Cou..-y Clerk & R.... Sy- Gf\I\.U .B1\t1/V\c.o~ 0IPutr- ' _I 24.00 RT: CITY OF BOZEMAN MTRUAURr C. fIOOI ft:jOTOGlWltC QUAUT\'