Loading...
HomeMy WebLinkAboutOrdinance 91- 1326, Service drive vacation ~;liio . " fiLM t.12J;~._ \ ORDINANCE NO. 1326 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF THE 3D-FOOT-WIDE LOCAL ACCESS STRIP COMMONLY REFERRED TO AS A SERVICE DRIVE LYING BETWEEN LOTS 1, 2, 3 AND A PORTION OF LOT 4, BLOCK 3, DURSTONIS SECOND ADDITION TO THE CITY OF BOZEMAN, AND THE WEST RIGHT-OF-WAY LINE OF NORTH SEVENTH A VENUE, AND FURTHER EXTENDING FROM THE NORTH RI GHT -OF-WA Y LINE OF WEST JUNIPER STREET NORTH FOR A DISTANCE OF 28D FEET TO APPROXIMATELY THE SOUTH RIGHT-OF-WAY LINE OF WEST HEMLOCK STREET EXTENDED, WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman a petition by Country Classic Dairies, Inc" dba Darigold, owner of the property abutting that portion of the 3D-foot-wide loca I access strip lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston1s Second Addition and the west right-of-way I ine of North Seventh A venue, and further extending from the north right-of-way I ine of West Juniper Street north for a distance of 28D feet to approximately the south right-of-way I ine of West Hemlock Street extended, requesting that said local access strip be vacated; and WHEREAS, the City Commission of the City of Bozeman, Montana, on the 1st day of April 1991, at its regular meeting, passed and adopted Commission Resolution No. 2826, declaring it to be the intention of the City Commission to vacate "service drive, II which is a local access strip, described as follows: That portion of the 3D-foot-wide local access strip commonly referred to as a service drive lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston1s Second addition to the City of Bozeman, and the west right-of-way line of North Seventh A venue, and further extending from the north right-of-way line of West Juniper Street north for a distance of 28D feet to approximately the south right-of-way line of West Hemlock Street extended; and that all of the aforedescribed 3D-foot-wide local access strip shall revert to the ownership of Country Classic Dairies, Inc.; and WHEREAS, the notice of the adoption of said Commission Resolution was published in the Bozeman Daily Chronicle at least once, to wit, on the 3rd day of April 1991, as appears from the affidavit of publication of the publisher of said Bozeman Dai Iy Chronicle, which is on file with the Clerk of the City Com- mission 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 local access strip af- fected by the proposed vacation, which return of service is on file with the - , .... , . . . ; tf:ltl 1~ . Clerk of the City Commission of the City of Bozeman; and . WHEREAS, said notice, as published and served, designated the 15th day of April 1991 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 April 1991, at the regular meeting of the City Commission, nor were any ob- jections filed in writing prior to that meeting; and WHEREAS, the local access strip can be vacted without detriment to the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: That the following "service drive," which is a local access strip, be vacated, while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said public right-of-way, more ---. particularly described as follows: That portion of the 30-foot-wide local access strip commonly referred to as a service drive lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston's Second addition to the City of Bozeman, and the west right-of-way line of North Seventh Avenue, and further extending from the north right-of-way line of West Juniper Street north for a distance of 280 feet to approximately the south right-of-way line of West Hemlock Street extended; and that all of the aforedescribed 30-foot-wide strip shall revert to the ownership of Country Classic Dairies, Inc, PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman at a regular session thereof held on the 22nd day of April 1991 , AND ADOPTED by the City Commission of the City of ~ . ;;. - 2 - ~- - .' ,/ 'q.-. , , . filM t 23'PAM 389:7 . Bozeman at a regular session thereof held on the 6th day of May , 1 991 . Mayor " .~~~~. \'\::':.";i(. ;h(1,. APPROVED AS TO FORM: f""; ". ,\,1 ,I,>,,:: O'_.~.......' ~~ alii;' ~~~, ffP'\O City Attorney rlff i~atl i t of .ublt~atiott STATE OF MONTANA, } ss. County of Gallatin, Vivie Portne11 , being duly sworn, deposes and says: That ..J:ihe is Principal Clp.rk of the Bozeman Dai]v Chronicle, a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed ( Ordinance No. 1326 ) , has been correctly published in the regular and entire issue of every number of said pape for~~on~~ insertion , the first of which publicaf n was a 10th 19..2L, and the last on the 19 9l 10th daYO(~ A: 19 91 IJ~:&I-'~_ r Notary Public for the State of Montana, residing at Bozeman, Montana NOTARY PUBUC for Aesldj'l~ at Bozeman the.. or..... My COrl~" . MOIlllna , ..1,5:>/00 explr. July 8, 1813 - 3 - "",-, ( l' \'.,. fiLM 123PAGf3898 " . . .. CITY OF ~ BOZEMAN . SC{JLPTVRE PARK LOT 5 I HEMLOCK ST. I ~ Q ............ ~:;:~:;:~:~:;:~:;:~:;:~: ~ ~ LOT 4 .:::::::::::::::::::::::: ~:;:;:;:~:~:~:~:;:~:~:~: ~ mmmfmrt I ....... I ~ ........................ :::::::::::::::::::::::: Ifffmr ~ ~ ~:~;~:~:~:~:~:~:~:~:~:~ ....................... ::::::::::::::::::::::: - ~:ff~:~:ff~. ~ -30' ....................... ~ :~:~:~:~:;:;:~:~:~:~:~: fw) LOT .J ....................... t:: ::::;:::::::::::::::::: I ........................ ........................ C\J .. :::::::::::::::::::::::' SCALE: I" :: 50' ....................... ~ ~ :.:.:.:.:.:.:.:.:.:.:.: ...................... ~ ~ :!ll!!lllll!ll!!i , ,- W ...- J ~ > ~ .........~~r...... ~ :::::::::: ::::::::: <[ .... .......... ......... ~ ....................... 1~11~~11~~~11~~111 I I d_ ~ t- I "t ~ LOT 2 .........i......... z .......... ......... ~ :::::::::~::::::::: w .........~......... > ~ .:~111~~~~~~1~~111 w ~ :t~:~:~;r:~:~:~ en ~ :.:.:.:.:~.:.:.:.:. I ~ :~:t~:~~:r~:~ t- .........1......... ..... .... a:: .......... ......... I ~~j~~~jj~~~j~~~~~~~ 0 I ~ z LOT I ;~:~:~:~:~:~:~:~:~:~:~:~ ~ ........................ ::::::::::::::::::::::;: ~ :~:~:~:~:~:~:~:~~~:~:~ ~:~:~:~:~:~:~:~:;:~:~:~: ........................ :::::::::::::::::::::::: ./ I JUNIPER ST. I NORTHGATE SHOPPING CENTER j SERVICE DRIVE VACATION EXHIBIT ORDINANCE NO. 1326 CITY ENGINEERING OFFICE -- ---~5- -'.'---.--.'-- .. "...- .....-...~--_... --,~~ THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE IUn DAY OF .TUNE , A.D., 19 92 OFFICE OF COUNTY RECORDER) COUNTY OF GALLA TIN ) AT 11: 30A M., AND WAS DULY RECORDED IN BOOK 123 STATE OF MONTANA ) OF MISCELLA EOUS RECORDS, PAGE 3895 ----- Fee $ 24.00 ~ftJ1-J cl1. (!.Ji&,~~ RECORDER. DEPUTY Rt: City of Bozeman