HomeMy WebLinkAboutResolution 5226 Intent to Discontinue, Abandon & Vacate Street Rights-of-way in Gardner-Simmental Plaza Subdivision DocuSign Envelope ID:3DF3ECCB-FDOB-4260-A7AC-OA6EC6E62D13
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RESOLUTION 5226
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, City Commission Resolution 3628 requires certain procedures be followed
to review a petition to discontinue a street or alley including: (i) requiring the petition contain
specific information; (ii) a report from the City's Engineering Division; (iii) a public hearing on
whether to approve the petition; (iv)notice both mailed to affected property owners and published
in the Bozeman Daily Chronicle; and(v) adoption of this Resolution; and
WHEREAS,notice was mailed in conformance with Resolution 3628 and a public hearing
was held on December 15, 2020 at which time reasonable opportunity was provided to the public
and those that have an interest in property abutting said right-of-ways to make objections to the
discontinuance of these right-of-ways; and
WHEREAS,the subject street rights-of-way can be discontinued without detriment to the
public interests; and
WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants therein
that said right-of-ways be discontinued, provided, however, that said discontinuance does not
affect the right of any public utility to continue to maintain its plant and equipment in said right-
of-way.
DocuSign Envelope ID:3DF3ECCB-FDOB-4260-A7AC-OA6EC6E62D13
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to vacate all of the right-of-ways in Tract 1, Lots 1-3 of the Gardner-Simmental Plaza
Subdivision as described as follows:
All of Bannock Stage Court as described in the Gardner-Simmental Plaza Final
Plat(J-5). Bannock Stage Court begins at Simmental Way and terminates at and
including the cul-de-sac.
All of Simmental Way from the south boundary of 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 discontinuances shall not affect the right of any public or private utility facility to
continue to maintain currently established plant and equipment in the street or alley right-of-ways.
Section 2
Fee Title to Revert to Montana Department of Transportation
It is the intent of the Commission that the fee title to the land where the right-of-ways will
be discontinued will be declared, upon adoption of a final resolution discontinuing the street, to
revert to the Montana Department of Transportation, for their benefit.
Section 3
City Engineering to Bring Back Plat and Final Resolution
By adoption of this Resolution, and in compliance with Resolution 3628, the City
Commission of the City of Bozeman hereby directs a plat depicting the changes approved herein
be brought to the Commission for review and decision on adoption along with a final resolution
of discontinuance.
DocuSign Envelope ID:3DF3ECCB-FDOB-4260-A7AC-OA6EC6E62D13
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 15th day of December, 2020.
DocuSigned by:
CYNTHIA L. ANDRUS
Mayor
ATTEST:
DocuSigned by:
DocuSigned by: .`s
MIKE MARS
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
SA"A&
GREG SULLIVAN
City Attorney
DocuSign Envelope ID:3DF3ECCB-FDOB-4260-A7AC-OA6EC6E62D13
EXHIBIT A
ID PROPERTY OWNER
Montana Department of Transportation
A P.O.Box 201001
A Helena,MT 59620-1001
Montana Department of Transportation
Attn:David Hoerning
B P.O.Box 201001
Helena,MT 59620-1001
406/444-7686
MDT Hwy American Simmental Association,Inc
Right-of-Way C 1 Genetics Way
Bozeman,MT 59718-4504
B 406/587-4531
Avatar,LLC
Subject Parcel 2057 Triple Tree Road
D Bozeman,MT 59715-7842
David Wallin,Manager
406/581-2059
Boie& Kindt Partnership
1925 Dead Man's Gulch
E
Bozeman,MT 59715-6300
Desired
Abandonment C
fe Ct
ID LESSEE
Bozeman Ford Lincoln
2900 N 19th Avenue
—1 D Bozeman,Mt 59718
406/587-1221
Montana Container Corporation
E 1925 Dead Man's Gulch
Bozeman,MT 59715
}I 406/586-3393
E
I
—N— Daad Mans Gulch
I