HomeMy WebLinkAboutResolution 3869 Vacate a Portion of the ROW
COMMISSION RESOLUTION NO. 3869
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE THAT PORTION OF THE RIGHT-OF-
WAY FOR EAST HARRISON STREET LYING BETWEEN OLD HIGHLAND
BOULEVARD AND SOUTH IDA AVENUE, THAT PORTION OF THE RIGHT-OF-
WAY FOR HIGHLAND AVENUE EXTENDING NORTHWARD FROM EAST
HARRISON STREET, AND THAT PORTION OF CYPRESS AVENUE EXTENDING
SOUTHWARD FROM EAST HARRISON STREET WITHIN THE SUNSET HILLS
CEMETERY, IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, a petition to vacate the street rights-ot-way tor portions ot East Harrison Street,
Highland Avenue and Cypress Avenue lying within Sunset Hills Cemetery, has been tiled with the City
Clerk by the City ot Bozeman, owner ot the property abutting the street rights-ot-way, as shown in Exhibit
"A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portion ot street rights-ot-way
can be vacated without detriment to the publiC interests; and
WHEREAS, it appears to the City Commission to be in the best interests ot the City ot Bozeman
and the inhabitants therein that said rights-ot-way be vacated, provided that said vacation does not affect
the right ot any public utility to continue to maintain its plant and equipment in said rights-ot-way.
NOW, THEREFORE, BE IT RESOLVED by the City Commission ot the City ot Bozeman,
Montana:
Section 1
Declaration ot Intention
It is hereby declared to be the intention ot the City Commission ot the City ot Bozeman,
Montana, to vacate a portion ot the street rights-ot-way tor East Harrison Street, Highland Avenue and
Cypress Avenue, more particularly described as tollows:
All that portion ot East Harrison Street between the west boundary line and the east
boundary line ot the Amended Subdivision Plat ot Prospect Hill Addition (Plat C-39A);
all that portion ot Highland Avenue between the north boundary line ot the Amended
Subdivision Plat ot Prospect Hill Addition (Plat C-39A) and the south line ot East
Harrison Street; and all that portion ot Cypress Avenue between the south boundary
line ot Prospect Hill Addition (Plat C-39A) and the north line ot East Harrison Street,
all lying within the Sunset Hills Cemetery.
The vacation shall not affect any existing rights-ot-way or easements ot any property owners
or the right ot any public utility to continue to maintain existing plant and equipment in the street rights-ot-
way.
Section 2
Notice
That the City Clerk of the City of Bozeman is hereby directed to publish notice in Bozeman Daily
Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the affected property
owners, which notice shall state the time and place at which objections will be heard.
Section 3
Time for Objections
That the regular session of the City Commission of the City of Bozeman to be held at the
Commission Room in the Municipal Building, 411 East Main Street, Bozeman, Montana, on Monday, the
7th day of November 2005, at the hour of 7:00 p.m. of said day is the time and place where and when
the City Commission will hear all objections to the vacating of said street rights-of-way.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 17th day of October
ATTEST:
AND
. CETRARO, Mayor
v~./ J~
RO IN L. SULLIVAN
City Clerk
-2-
NOTICE OF INTENT TO VACATE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 17th day of October 2005,
the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted
Commission Resolution No. 3869, entitled:
COMMISSION RESOLUTION NO. 3869
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE THAT PORTION OF THE RIGHT-OF-
WAY FOR EAST HARRISON STREET LYING BETWEEN OLD HIGHLAND
BOULEVARD AND SOUTH IDA AVENUE, THAT PORTION OF THE RIGHT-OF-
WAY FOR HIGHLAND AVENUE EXTENDING NORTHWARD FROM EAST
HARRISON STREET, AND THAT PORTION OF CYPRESS AVENUE EXTENDING
SOUTHWARD FROM EAST HARRISON STREET WITHIN THE SUNSET HILLS
CEMETERY, IN THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 7th day of November 2005, at 7:00
p.m. at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman,
Montana, is designated as the time and place to hear objections to the vacation of the street rights-of-
way more particularly described in the Resolution of Intention, and is the time and place for any person
whose property abuts upon the portion of the street rights-of-way affected by the proposed vacation to
appear and object, if they wish to do so.
DATED this 18th day of October 2005.
~./~
R IN L. SULLIVAN
City Clerk
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