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Home My WebLink AboutResolution 5225 Declaring Intent of Commission to Discontinue, Abondon, and Vacate Street Rights of Way in Gardner-Simmental Plaza Subdivision DocuSign Envelope ID:CC7F4F4A-7B2E-4903-A261-056E74A92369 k RESOLUTION 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 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. DocuSign Envelope ID:CC7F4F4A-7B2E-4903-A261-056E74A92369 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 15f 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. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of November, 2020. DocuSigned by: Rfi5AAC7C1RR1dFA CYNTHIA L. ANDRUS Mayor ATTEST: DocuSigned by: DocuSigned by: uozf. og MIKE MAAS City Clerk APPROVED AS TO FORM: DocuSigned by: s(AW"i't 876992AC9ACA44B... GREG SULLIVAN City Attorney DocuSign Envelope ID:CC7F4F4A-7B2E-4903-A261-056E74A92369 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 Resolution 5225, entitled: RESOLUTION 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 15'h day of December 2020,at 6:00 p.m.at the Commission Meeting Room,City Hall, 121 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 obj ect,if they wish to do so. Due to the City's Declaration of Emergency for the Covid-19 Pandemic,this meeting may be held online using Webex or other technology. �OF190 DATED this 25th day of November 2020. �ti •''•'. •• '„ 1z r� MIKE MXAS eo ;Mo City Clerk Legal Ad Publish: 11/29/20, 12/6/20, 12/13/20 DocuSign Envelope ID:CC7F4F4A-7B2E-4903-A261-056E74A92369 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 DocuSign Envelope ID:CC7F4F4A-7B2E-4903-A261-056E74A92369 EXHIBIT A ID PROPERTY OWNER Montana Department of Transportation I A P.O.Box 201001 A 1 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