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HomeMy WebLinkAboutOrdinance 90- 1309, Street vacation (5) 8 i ,? . ? '\ 31{ J t) FILM l11rAo'E1587 _ . State of Mont., County of Gallatin, ss Flfelf Tor record June 15th 19 90 ,., a.t. 9: 05A. . M., and I1ICOCded in Book 111 ~ MISCELLANEOUs~e 1587 . . ;1'" iSt:JI~/1 dU. f1hUI1t~ Recorder. By ~An .It 1:/ ..,,''2bAJ. &poty RT. C~ty 0 Bozeman I"_"'_'_~"" O 00 ORDI NANCE NO. 1309 J ""'JO~.\"L.' 3 . I1.Ana AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF McADOW AVENUE LYING BETWEEN BLOCK 49 OF THE NORTHERN PACIFIC ADDITION TO THE WEST AND BLOCK 47 OF THE NORTHERN PACIFIC ADDITION TO THE EAST AND FURTHER LYING BETWEEN FRONT STREET ON THE NORTH AND THE SOUTHERN BOUNDARY OF THE EAST /WEST ALLEY RIGHT-OF-WAY ON THE SOUTH, ALL LOCATED IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman a petition by the owners of the properties abutting that portion of McAdow Avenue lying between Block 49 and Block 47 of the Northern Pacific Addition and further lying between Front Street on the north and the southern boundary of the east/west alley right-of-way on the south, 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, 2772, declaring it to be the intention of the City Commission to vacate the following street right-of-way: That portion of McAdow Avenue lying within the following metes and bounds: Beginning at a point that is the northeast corner of Block 49, Northern Pacific Addition; thence southeasterly a distance of 80 feet more or less to the northwest corner of Block 47 of said ad- dition; thence southwesterly along the east line of McAdow Ave- nue a distance of 158,5 feet to the intersection of the east line of McAdow Avenue and the northerly line of the vacated east/west alley in said Block 47; thence northwesterly a distance of 76 feet more or less to a point which is the intersection of the west line of McAdow Avenue and the northerly line of the east/west alley in said Block 49; thence northeasterly along the west line of McAdow Avenue a distance of 166.8 feet to the northeast corner of said Block 49, the point of beginning. WHEREAS, the street has not been developed; and WHEREAS, the notice of the adoption of said Resolution was publ ished in the Bozeman Daily Chronicle at least once, to wit, on the 3rd day of January 1990, 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 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 ,I, , ,. FILM 111 PAGE 1588 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 fi led in writing prior to that meeting; and WHEREAS, it is in the City's best interests to vacate the subject street right-of-way, in exchange for a public utility easement across the right-of-way vacated hereby as well as across Block 47 for the purpose of maintaining the City's public utilities, as portrayed by Exhibit B, attached hereto and incor- porated by this reference as though fully set forth herein, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: That the following street be vacated, whi Ie 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 McAdow Avenue lying with the following metes and bounds: Beginning at the northwest corner of Block 47 of the Northern Pacific Addition to the City of Bozeman; thence southwesterly along the east line of McAdow Avenue a distance of 158,5 feet to the intersection of the east line of McAdow Avenue and the nor- therly line of the vacated east/west alley in said Block 47; thence southerly to the north corner of Lot 64, block 47; thence north- westerly to the intersection of the west line of McAdow Avenue and the southerly line of the east/west alley in Block 49 of said addition; thence northeasterly along the west line of McAdow Ave- nue a distance of 185,7 feet to the northeast corner of said Block 49; thence southeasterly to the northwest corner of said Block 47, the point of beginning. BE IT FURTHER ORDAINED that the ownership of the subject vacated public right-of-way shall inure to the benefit of the adjacent properties in the following manner, as set forth on Exhibit A, attached hereto and incorporated by this reference as though fully set forth herein: Parcel A A tract of land in the Northern Pacific Addition to the City of Bozeman, being a portion of vacated McAdow Avenue as shown on the attached Exhibit A as Parcel A, and described by the follow- ing metes and bounds: Beginning at the northwest corner of Block 47 of said addition; thence southwesterly along the east line of vacated McAdow Ave- nue a distance of 158,5 feet to the intersection of the east line of McAdow Avenue and the northerly line of the vacated east/west alley in said Block 47; thence southerly to the north corner of Lot 64, Block 47; thence northwesterly to the intersection of the west line of vacated McAdow Avenue and the southerly line of the east/west alley in Block 49 of said addition; thence northeasterly - 2 - I' (} . ,'J" \- - 111 PAGE 1589 filM along the west line of McAdow Avenue a distance of 18.9 feet to the south corner of Lot 15, Block 49; thence northeasterly to the northwest corner of Block 47, the a point of beginning. Parcel A contains 0,14 acres, more or less, Parcel B A tract of land in the Northern Pacific Addition to the City of Bozeman, being a portion of vacated McAdow Avenue as shown on the attached Exhibit A as Parcel B, and described by the follow- ing metes and bounds: Beginning at the northwest corner of Block 47 of said addition; thence southwesterly to the south corner of Lot 15, Block 49 of said addition; thence northeasterly along the west line of vacated McAdow Avenue a distance of 166,8 feet to the northeast corner of Block 49; thence southeasterly to the northwest corner of said Block 47, the point of beginning. Parcel B contains 0.11 acres, more or less. PROVISIONALL Y PASSED AND ADOPTED BY THE CITY COMMISSION of the City of Bozeman at a regular session thereof held on the 2nd day of April 1 990. i" '" ' ...~~" . ' L: ,~ ".' "I ,,,,,' .... ' . \ FINALLY PASSED AND ADOPTED BY THE CITY COMMISSION of the City of Bozeman at a regular session thereof held on the 16th day of April 1990. RoL~r I. ",,,"'\": APPROVED AS TO FORM: ~~~ . City Attorney - 3 - . , . . , EXHIBIT A nU1 l11rAGE1591 ,(\~ 011 J' ~< " Oc , if- " S'&l Q) , .5')' ....J t1 I- ' . ct tu,' tlLl.Jf -J " , ,'~ q I, 0 I, 0 [;j ~ .q' <.> , () 0:' ~~ ~ .9< Oc ~ 0 '9;. :: I- , SCALE IN FEET ~ ~ LOT 64 .~ 0 50 I ~f! 100 en I .'.."11 . , . . flU4 111 rAGE 1592 ,. . , ,. , .'~ ::<,j , Ii / ." .. ."" \ I s~" BROADWAY AVE. ____..J ISTA. ".,..,t:J SUMP M.4N'~e' .Nt2 ,1-'" ;r;; _ A A::" .&v/~ P ~Nr r~A1'~ ~~~~ ~~~~ ~ "'" #&? ..z ~ 9/P~ If:?tt' ~~~~ ~~~t f\. ~" i~q .\ ~~ ~ ~~ ~~~~ , ~~~~ ~~~~ ~~~~ 1'4'. ..s-;;, JYe:V .4I'r ~~\~ ~~~ ,,~~ · 0$"" ""$/ ""'""D. ~~ ""'~t?.,C'E .IV~ .I \~~ ~~~ ~ ~ ~ ~ \ . J 5ro~,., bRAMI' "qp~ McADOW AVE. (VACATED) , ..s' 77i'- ? tt:::Jt::J '.a!"KD , K ~~ :z: ~ $>>1 ~...., ...rN'.D c::2;z.y..r~&7..a.+'" -- .-.-..... Srlf 8 -I ~o . eN~ 4''''s~r <?..~ /~~. - - -, -- EXHIBIT B.. STORM DRAIN EASEMENT E A 5 E MEN T: imi~~~~~~~~~i~~~~~~~i~~~~~~~~iiitiii~;;;~;;iiti~iii .. -_.-'-.'~--- .. " . · Slate nl Monl, County of Galla!/n. ~~d ;6;'~cord -!une 15th filii ~1\1rW51593 al 9: 06 A M., and recorded in Book -1J.1_ ~ MISCELLANEOUS .:.28 1593 dhJl.~ .A1. e,."., Recorder. By 'A'lrJ~ ) r 1:i....!Jh#M.h1 eputy RT: City Of Bozeman PUBLIC UTILITY EASEMENT AND AGREEMENT j~"O~~ ..' $ 2 5.00 1_11.A.11. ..' ~ WESTLAND ENTERPRISE, INCORPORATED a Montana corporation, '-"" \ hereinafter referred to as "Grantor," in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, grants to the CITY OF BOZEMAN, a municipal corporation of the State of Montana, located 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "Grantee," its successors and assigns, a perpetual public utility easement to maintain an existing storm drain pipe with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting municipal drainage water across a strip of land owned by Westland Enterprise, Inc., a Montana, situated in Gallatin County, Montana, and being more particularly described as being a twenty (20) foot wide easement for an existing storm drain pipe located in Block 47 and a portion of vacated McAdow Avenue, in the Northern Pacific Addition to the City of Bozeman, being ten (10) feet on each side of the following described centerline: Beginning at the intersection of the centerline of the easterly-westerly alley in Block 49 of said Addition and the west line of vacated McAdow Avenue; thence southeasterly along the centerline of said existing storm drain pipe as now laid out, said line also being the extension of the centerline of said alley in Block 49, to the west line of vacated McAdow Avenue; thence southeasterly along the centerline of the storm drain pipe as now laid out a distance of one hundred thirty (130) feet more or less to a point which is ten (10) feet beyond the end of said pipe as now constructed. The twenty-foot (20') permanent public utility easement is shown on attached Exhibit "A," which by this reference is made a part of this perpetual easement as though fully set forth herein. This grant includes the right of the Grantee, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above-described land by a route causing the least damage and inconvenience to the Grantor in order to survey and establish the route and location of the easement and the pipeline and to: 1. Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; . , . . . FILM 111 PAGE 1594 2. Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which . may, in the opinion of the Grantee, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline; 3. Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent Grantee may find reasonably necessary. The Grantee agrees: 1. That, in connection with the operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said twenty (20 ) foot storm drain pipe, it will repair or replace, at its sole expense, existing fence s , paved surfaces, permanent fixtures and other appurtenances on said land that may be disturbed by its operation. 2. That, during operations involving excavation of said pUblic utility, it will only use said twenty-foot (20 I ) permanent public utility easement to stockpile excavated material, temporarily maneuver and place labor, equipment and materials used during construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing and maintaining said public utility. 3. To lay, construct and maintain said pipe in such a manner that will not hinder or prevent the ingress or egress of vehicular or pedestrian traffic using property owned by the Grantor. The Grantor agrees that: 1. At no time will it build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of Grantee. 2. The Grantor warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property -2- . . .- , '^ against the claims of all persons. FILM 111 PAGE 1595 3. The Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. WESTLAND ENTERPRISES, INC. ~_., By Its President ATTEST: ~ fl~j.___,_) Corpor te ~cretary WESTLAND ENTERPRISES, INC. STATE OF MJNrANA ) : ss. Gallatin County ) On the 13th day of April , 1990, before me, a Notary Public for the State of Montana, personally appeared Robert G. Simkins and Georqia J. Simkins known to me to be the President and Corporate Secretary. resp.. of WESTLAND ENTERPRISES, INC. that executed the foregoing Public Utility Easement and acknowledged to me that they executed the same for and on behalf of said corporation. ",,""11'" "" \" ~ ~ . ~~ e~ t~ ~SS WHEREOF, I have hereunto set my hand and aff~xed ,.:-~.olt~al" '?fst1e day and year first written above. {~ · \jT~n \~~\' M:>NTANA August 4, 1992 ACCEPTED: ~zZ~W~ by its City Manager (,".'. . \.' , omm~ssion sa. " : Gallatin County ) , On this ~ day of Aoril , 1990, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission respectively, of the -3- ~ -- - . . . . ~ - 111 PAGE 1596 filM City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. August 4, 1992 -4- .. "" . IJ ~ 11I"\ FILM 111 PAGE 1597 00. 'i · L c., I I / I I ~ .~ (J' .. .. .. -, . '1.-'" '-, .. ".; .." -....... '7" .. . . ,. ./ \ - I s-L BROADWAY AVE. ~ - - - - I S"r-4, /".,t:J 8UAGP M....,N~il!'" Nc::2.1""'" $;':.1 . ...1 e::!? ~/4! ,0 e-N..r T"<""""""'" ~\.~~ ~'\.~. ~~A/a2 '~~1~~ ~~~~ ~.:S"?P~~., ~~~~ ~~bit ~,~~ ~ ~,V\~ ~ ~~~ ~~Sf ~~~~ ~~~~ . ~~'1 ~ ~~~~ \1~~~ ~~~~ ~~~~ ~~~~ IL4.~7XJVt:1/.ar it- ~ Y.\ ~I\~ 1ft · $~~".!'/"'HP. ~ ~ ~ ~ ~ r"""..v.......""LE No? .... \~~ ~~~ ~ ~ ~ ~ \ I SrOA-,., bRAM/ ~Pt: McADOW AVE. (VACATEO) oS' 77tt? 7' ~ -.&"N".O r ~f ~ - ~nt 6'r...l/!l::) -..c,A'.p ~f~q-..t:)...v SrA 8 ~ 3D . &N~ c;lls~r /~~~ EXHIBIT A STORM DRAIN EASEMENT M T' ,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:::::: EA SE EN. ::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::.