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HomeMy WebLinkAboutOrdinance 91- 1331, Right-of-way vacation ,. ~, . . -~ ~,. . .. . .. i~ ;r' 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 ---"" R , <'. . " I .-. .. . 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 ., :"::.:'<J:~>:' . t.>? .. . '.,-'-" ,'. BY THE CITY COMMISSION of the City ~ , of Bozeman at a regular session thereof held on the 26th day of August 1991 , '.11 ' ,.;/ . " .'~. ,. . ~,,\.Y"; .- \- .. - 2 - --~-- .. 1 .... ,........J, . .. , .. ATTACHMENT "N' ,"' 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 \ WIL~~ Director, Facilities Services Date: q I Date: 8-/2 ..pI