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Home My WebLink About11-24-20 City Commission Packet Materials - C6. Res 5225 Intent to Vacate and Abandon Rights-of-way Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer SUBJECT: Request that the City Commission vote to approve Resolution 5225 to vacate and abandon City rights-of-way in Tract 1, Lots 1-3 of the Gardner- Simmental Plaza Subdivision and direct staff to bring back a final resolution to discontinue the subject street rights-of-way. MEETING DATE: November 24, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Proceed with the vacation process; approve a Resolution of Intent (Commission Resolution 5225, attached) and direct staff to bring back a final resolution to discontinue the subject street rights-of-way. BACKGROUND: A petition was received from the Montana Department of Transportation to vacate all street rights-of-way within the confines of their property on Tract 1, Lots 1-3 of the Gardner-Simmental Plaza Subdivision. Staff has reviewed the proposal (report attached) and has found that these right-of-ways could be vacated without detriment to the public interest. UNRESOLVED ISSUES: None identified ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None identified. Attachments: Application for Street/Alley Vacation Staff Report, Resolution of Intent Commission Resolution No. 5225 Report compiled on September 11, 2020 79 COMMISSION RESOLUTION NO. 5225 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 STREET RIGHTS OF WAY IN TRACT 1, LOTS 1-3 OF GARDNER- SIMMENTAL PLAZA SUBDIVISION, LOCATED IN SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, a petition to vacate streets in Tract 1, Lots 1 thru 3, in said Gardner- Simmental Plaza Subdivision, has been filed with the City Clerk by the Montana Department of Transportation, owners of property abutting the said street rights-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject street and alley right-of- ways can be vacated without detriment to the public interests; and WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman and the inhabitants therein that said right-of-ways be vacated, provided that said vacation does not affect the right of any public utility to continue to maintain its utilities and equipment in said right-of-ways. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Declaration of Intention 80 It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana, to vacate all the street rights-of-way in Gardner-Simmental Plaza Subdivision as described as follows: All of Bannock Stage Court as described in the Gardner-Simmental Plaza Final Plat (J-5). This abandonment begins at Simmental Way and terminates at and includes the cul-de-sac in lot 1 and lot 3 of Tract 1. All of Simmental Way from the south boundary of Lot 3, Tract 1, of the Gardner- Simmental Plaza Final Plat (J-5) to the termination of the street right-of-way at the north boundary of Lot 2, Tract 1, of the Gardner-Simmental Plaza Final Plat (J-5). All as shown on the attached Exhibit A. The vacation shall not affect the right of any public utility to continue to maintain existing utilities and equipment in the street right-of-ways. 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 Meeting Room, City Hall, 35 N. Rouse Avenue, Bozeman, Montana, on Tuesday, the 15th day of December, 2020, at the hour of 6:00 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. 81 - 3 - PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of November, 2020. __________________________________________ ATTEST: Cynthia L. Andrus, Mayor ____________________________________ Mike Maas, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 82 NOTICE OF INTENT TO VACATE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 24th day of November 2020, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 5225, entitled: COMMISSION RESOLUTION NO. 5225 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 STREET RIGHTS OF WAY IN TRACT 1, LOTS 1-3 OF GARDNER-SIMMENTAL PLAZA SUBDIVISION, LOCATED IN SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 15th day of December 2020, at 6:00 p.m. at the Commission Meeting Room, City Hall, 35 N. Rouse Avenue, Bozeman, Montana, is designated as the time and place to hear objections to the vacation of the street right-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 24th day of November 2020. _________________________________________ MIKE MAAS City Clerk Legal Ad Publish: 11/29/20, 12/6/20, 12/13/20 83 Adjoining Property Owners: American Simmental Association, Inc. 1 Genetics Way, Bozeman, MT 59715-7842 Avatar, LLC, 2057 Triple Tree Road, Bozeman, MT 59715 Bioe & Kindt Partnership 1925 Dead Man’s Gulch, Bozeman, MT 59715-6300 84 CITY ENGINEERING STAFF REPORT Proposed discontinuance of streets within Montana Department of Transportation property in the Gardner-Simmental Plaza Subdivision Background A petition to discontinue streets within Montana Department of Transportation (MDT) property in the Gardner-Simmental Plaza Subdivision was received from MDT and referred to staff for review. The Engineering Division reviewed the requested abandonment by the criteria set forth in Commission Resolution 3628. Impact on Private and Public Utilities City water and sewer mains exist within MDT’s property and although these utilities do not follow existing rights-of-way proposed to be abandoned, it is important that easements exist for these utilities for access and maintenance. A 30-foot wide sanitary sewer easement which is centered on the City’s existing sewer main exists on lots 1 and 3 of the subject property. City staff will require that this easement is not affected by the proposed right-of-way abandonment. A copy of this easement is included as an attachment to the report. An existing 12-inch water main runs from east to west through lot 3 of the subject property. No easement currently exists to access this utility. Staff will require that MDT execute a 30-foot wide utility access easement centered on this utility and file this with the County Clerk and Recorder prior to accepting the proposed right-of- way abandonment. Northwestern Energy and Century Link both have existing private utilities on the subject property and within existing City rights-of-way to be abandoned. Both utility companies have signed written consent forms to abandon street rights-of- way. Utility easements will be executed for access and maintenance of these existing utilities as well. There are no other public or private utilities affected by this proposed abandonment. Also, after reviewing the City’s water and sewer master plans, no known improvements are scheduled that would be effected by the proposed abandonment. 85 Impact on Traffic & Accessibility The proposed streets to be abandoned have not been constructed. This right-of-way does not provide access or connectivity to any other property. Also, there is no plan to utilize this right-of-way for future improvements mentioned in our transportation master plan. Impact on Fire, Police, and Other Emergency Services No impact to these services identified. Impact on Garbage Collection and Maintenance No impact to these services identified. Alternatives to Vacation Revocable encroachment permits could be issued. Encroachments would allow for the City to utilize our right-of-way as needed in the future. Recommendation Discontinuance of the right-of-ways as requested can be done without detriment to the public interest, and is the preferred alternative. The discontinuance would allow for the most efficient use of this property for future development. 86 EXHIBIT A ID PROPERTY OWNER Montana Department of Transportation P.O. Box 201001 Helena, MT 59620‐1001 Montana Department of Transportation Attn: David Hoerning P.O. Box 201001 Helena, MT 59620‐1001 406/444‐7686 American Simmental Association, Inc 1 Genetics Way Bozeman, MT 59718‐4504 406/587‐4531 Avatar, LLC 2057 Triple Tree Road Bozeman, MT 59715‐7842 David Wallin, Manager 406/581‐2059 Boie & Kindt Partnership 1925 Dead Man’s Gulch Bozeman, MT 59715‐6300 A B B A C D E C D E ID LESSEE Bozeman Ford Lincoln 2900 N 19th Avenue Bozeman, Mt 59718 406/587‐1221 Montana Container Corporation 1925 Dead Man’s Gulch Bozeman, MT 59715 406/586‐3393 D E Subject Parcel MDT Hwy Right‐of‐Way Desired Abandonment C 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155