HomeMy WebLinkAboutResolution 3895 Vacating ROW East Harrison, Highland, Cypress
COMMISSION RESOLUTION NO. 3895
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DISCONTINUING, ABANDONING AND VACATING 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, there has been tiled with the City Clerk ot the City ot Bozeman a petition by the City
ot Bozeman, owner ot the property abutting the street rights-ot-way; and
WHEREAS, the City Commission ot the City ot Bozeman, Montana, on the 17th day ot October
2005, at its regular meeting, passed and adopted Commission Resolution No. 3869. declaring it to be the
intention ot the City Commission to vacate and abandon a portions ot the street rights-ot-way tor East
Harrison Street, Highland Avenue, and Cypress Avenue, in the City ot Bozeman, Montana; and
WHEREAS, the notice ot the adoption ot said Resolution was published in the Bozeman Daily
Chronicle on October 23 and October 30, 2005, as appears on the affidavit ot publication ot the publisher
ot said Bozeman Daily Chronicle, which is on tile with the City Clerk ot the City ot Bozeman; and
WHEREAS, said notice ot the adoption ot said Resolution has been served in the manner ot the
service ot summons in civil actions upon all persons whose property abuts upon the portion ot the above-
described streets affected by the proposed vacation, which return ot service is on tile with the City Clerk
ot the City ot Bozeman; and
WHEREAS, said notice, as published and served, designated the 7th day ot November 2005 at
7:00 o'clock p.m., at the Community Room in the Gallatin County Courthouse, 311 West Main Street,
Bozeman, Montana. as the time and place tor hearing objections; and
WHEREAS, no legal objections to said vacation were presented on the 7th day ot November
2005, at the regular meeting ot the City Commission, nor were any objections tiled in writing prior to that
meeting; and
WHEREAS, it is in the City's best interests to vacate the subject street rights-ot-way, while
preserving an easement therein tor any public utility to continue to maintain existing plant and equipment
in said street rights-ot-way; and
WHEREAS. upon vacating or abandoning the street rights-ot-way. ownership ot the abandoned
rights-ot-way reverts to the abutting landowner.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, that
the street rights-of-way, as depicted on Exhibit "A", and attached hereto, be vacated while preserving an
easement therein for any public utility to continue to maintain existing plant and equipment in said street
rights-of-way, more particularly described as follows:
All that portion of East Harrison Street between the west boundary line and the east
boundary line of the Amended Subdivision Plat of Prospect Hill Addition (Plat C-39A);
all that portion of Highland Avenue between the north boundary line of the Amended
Subdivision Plat of Prospect Hill Addition (Plat C-39A) and the south line of East
Harrison Street; and all that portion of Cypress Avenue between the south boundary
line of Prospect Hill Addition (Plat C-39A) and the north line of East Harrison Street,
all lying within the Sunset Hills Cemetery.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 6th day of March 2006.
A TIEST:
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R IN L. SULLIVAN
City Clerk
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