HomeMy WebLinkAboutOrdinance 91- 1326, Service drive vacation
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ORDINANCE NO. 1326
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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
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Clerk of the City Commission of the City of Bozeman; and
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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
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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
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Bozeman at a regular session thereof held on the 6th day of May
,
1 991 .
Mayor
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;h(1,. APPROVED AS TO FORM:
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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
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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
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CITY OF ~
BOZEMAN
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LOT 5
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JUNIPER ST. I NORTHGATE
SHOPPING CENTER
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SERVICE DRIVE VACATION EXHIBIT
ORDINANCE NO. 1326
CITY ENGINEERING OFFICE
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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
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Fee $ 24.00 ~ftJ1-J cl1. (!.Ji&,~~ RECORDER. DEPUTY
Rt: City of Bozeman