HomeMy WebLinkAboutOrdinance 91- 1321, Street vacation (6)
.
0<'
ORDINANCE NO. 1321 FILM 133PACE400?
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION
OF COTTONWOOD STREET LYING BETWEEN BLOCK 118 AND BLOCK
119 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF
BOZEMAN.
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 East Cottonwood Street lying
between Block 118 and Block 119 of the Northern Pacific Addition
to the City of Bozeman requesting that said street be vacated;
and
WHEREAS, the City Commission of the City of Bozeman, Montana,
on the 3rd day of April, 1989, at its regular meeting, passed and
adopted Commission Resolution No. 2744 , declaring it to
be the intention of the City Commission to vacate the following
street right-of-way, contingent upon contiguous landowners
granting a perpetual utility easement:
That portion of the 60-foot East Cottonwood Street
right-of-way lying between Block 118 and Block 119 of
the Northern Pacific Addition to the City of Bozeman,
more commonly located between the east right-of-way
line of North Rouse Avenue and the west right-af-way
line of North Church Avenue.
WHEREAS, the notice of the adoption of said Resolution was
published in the Bozeman Daily Chronicle at least once, to-wit,
on the 19th day of April 19~, 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 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 ~ day of May 19 89 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
.'
FlL~ 133PACf40M
the ~ day of May 1~~~ at the regular meeting of the
City Commission, nor were any objections filed in writing prior
to that meeting; and
WHEREAS, the abutting property owners have executed and
granted to the City of Bozeman a utility easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN:
That the following right-of-way be vacated which is more
particularly described as follows:
That portion of the 60-foot East Cottonwood Street
right-of-way lying between Block 118 and Block 119 of
the Northern Pacific Addition to the City of Bozeman,
more commonly located between the east right-of-way
line of North Rouse Avenue and the west right-of-way
line of North Church Avenue.
PROVISIONALLY PASSED AND ADOPTED BY THE CITY COMMISSION of
---
the City of BOZeman!1tti"'a?;t".egular session thereof held on the 11th
~
;
PASSED AND ADOPTED BY THE CITY COMMISSION of the
City of Bozeman at a regular session thereof held on the 25th
day of February 190:91.
;;.' f3i9~";:"Y:<'
gt~~; .
,
,.....
City Attorney t
-2-