HomeMy WebLinkAboutOrdinance 91- 1331, Right-of-way vacation
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ORDINANCE NO. 1331 FlL~ 133 PACt 4003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, VACATING AND ABANDONING THAT
PORTION OF THE SOUTH 7TH AVENUE RIGHT-OF-WAY
LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF WEST
CLEVELAND STREET AND THE NORTH RIGHT-OF-WAY LINE
OF WEST GRANT STREET, ALL LOCATED IN THE CITY OF
BOZEMAN, MONT ANA.
WHEREAS, there has been fi led with the Clerk of the City Commission of
the City of Bozeman a petition by the owners of the properties abutting that
portion of South 7th A ven ue lying between West Cleveland Street and West
Grant Street, requesting that said street be vacated; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the
24th day of June 1991, at its regular meeting, passed and adopted Commission
Resolution No. 2837, declaring it to be the intention of the City Commission to
vacate the following street right-of-way:
That portion of the South 7th Avenue lying between the south
right-of-way line of West Cleveland Street and the north
right-of-way line of West Grant Street.
WHEREAS, the notice of the adoption of said Resolution was published in
the Bozeman Daily Chronicle at least once, to wit, on the 3rd day of July 1991,.
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
day of July 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 legal objections to said vacation were presented on the
15th day of July 1991, 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, while preserving an easement therein for any public utility to
continue to maintain existing plant and equipment in said street,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOZEMAN: Fll~ 133?ACf4004
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, and subject to the conditions set forth in the agreement
between Montana State University and the City of Bozeman, attached hereto as
IIAttachment All and by this reference made a part hereof as if fully set forth
herein, more particularly described as follows:
That portion of the South 7th Avenue lying between the south
right-of-way line of West Cleveland Street and the north
right-of-way line of West Grant Street.
PROVISIONALL Y PASSED AND ADOPTED BY THE CITY COMMISSION of
the City of Bozeman at a regular session thereof held on the 12th day of
August 1991.
ayor
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BY THE CITY COMMISSION of the City ~
, of Bozeman at a regular session thereof held on the 26th day of August
1991 ,
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AGREEMENT
m~ 133 PAC f 4005
THIS AGREEMENT, entered into by and between Montana State
University and the City of Bozeman, sets forth the conditions which must be
adhered to as a part of the vacation of South 7th A venue between West
Cleveland Street and West Grant Street.
1. That Montana State University shall participate financially
in additional stop sign or traffic signal installations deemed
necessary by the City as a result of the vacation;
2, That Montana State University shall participate financially
in parking restriction signing changes/installations;
3. That Montana State University shal I work with the City, in
whatever manner is successfully negotiated between the
Director of Facilities Services and the Director of Public
Service, to ensure the plowing of South 6th Avenue ahead
of its normal priority;
4. That Montana State University shall participate financially
in widening of the roadway surface on South 6th Avenue,
if deemed necessary by the City;
5, That Montana State University shall participate financially
in widening of the roadway surface on West Cleveland
Street or West Harrison Street, if deemed necessary by the
City;
6. That Montana State University shall participate financially
in possible intersection reconstruction(s} to divert traffic,
as proposed during the public hearing;
7. That Montana State University shall cooperate in the future
dedication of right-of-way for the extension of South 11 th
Avenue southward from Kagy Boulevard;
8. That Montana State University shall maintain South 11th
Avenue from West College Street to Kagy Boulevard as an
all-weather thoroughfare and shall not attempt to prohibit
or restrict general public use of said roadway for as long
as this ordinance is in full force and effect;
9, That Montana State University shall agree to cooperate
with the City regarding recommendations contained in the
updated transportation plan scheduled for completion in
Fiscal Year 1991-92; and
10. That the Director of Facilities Services at Montana State
University, or his representative, shall meet with
neighbors to the south and the west to present the campus
parking and transportation plans prior to the Fall 1992
semester.
CI TY OF BOZEMAN MONTANA STATE UNIVERSITY
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Director, Facilities Services
Date: q I Date: 8-/2 ..pI