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HomeMy WebLinkAboutResolution 3935 Intent to Vacate part of the ROW of East-West alley in Block 51 N Pacific Add COMMISSION RESOLUTION NO. 3935 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 THE EAST-WEST ALLEY IN BLOCK 51, NORTHERN PACIFIC ADDITION, LYING BETWEEN THE EAST LINE OF IDA AVENUE AND THE WEST LINE OF THE NORTH-SOUTH ALLEY IN SAID BLOCK 51, IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, a petition to vacate the alley right-at-way tor the east-west alley in Block 51, Northern Pacitic Addition, has been tiled with the City Clerk by Daniel Ruggles tor Stephen B. Carlson, owner at the property abutting the alley right-at-way, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject alley right-at-way can be vacated without detriment to the public interests; and WHEREAS, it appears to the City Commission to be in the best Interests at the City at Bozeman and the inhabitants therein that said right-at-way be vacated, provided that said vacation does not affect the right at any public utility to continue to maintain its plant and equipment in said rights-at-way, NOW, THEREFORE, BE IT RESOLVED by the City Commission at the City at Bozeman, Montana: Section 1 Declaration at Intention It is hereby declared to be the intention at the City Commission at the City at Bozeman, Montana, to vacate the alley right-at-way tor the east-west alley in Block 51, Northern Pacitic Addition, more particularly described as tallows: All that portion at the east-west alley in Block 51 , Northern Pacitic Addition to the City at Bozeman, lying between the east line at Ida Avenue and the west line at the north-south alley in said Block 51 , The vacation shall not affect any existing rights-at-way or easements at any property owners or the right at any public utility to continue to maintain existing plant and equipment in the street rights-at-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 Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, on Tuesday, the 5th day of September 2006, at the hour ot 6:00 p.m. ot said day is the time and place where and when the City Commission will hear all objections to the vacating ot said alley right-at-way. PASSED AND ADOPTED by the City Commission ot the City ot Bozeman, Montana, at a regular session thereof held on the 7th day ot August, 2006. ATTEST: BRIT ONTENOT City Clerk APPROVEtY AS TO FORM: NOTICE OF INTENT TO VACATE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 7th day of August 2006, the City Commission ot the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 3935, entitled: COMMISSION RESOLUTION NO. 3935 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 THE EAST-WEST ALLEY IN BLOCK 51, NORTHERN PACIFIC ADDITION, LYING BETWEEN THE EAST LINE OF IDA AVENUE AND THE WEST LINE OF THE NORTH-SOUTH ALLEY IN SAID BLOCK 51, IN THE CITY OF BOZEMAN, MONT ANA. NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 5th day of September 2006, at 6:00 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 at the alley right-at-way more particularly described in the Resolution at Intention, and is the time and place tor any person whose property abuts upon the portion ot the alley right-ot-way affected by the proposed vacation to appear and object, if they wish to do so. DATED this 7th day ot August 2006. BRIT FONTENOT City Clerk Legal Ad Publish: Sunday, August 13, 2006 Sunday, August 20, 2006