HomeMy WebLinkAboutResolution 3770 Vacate portions of Oak & Black, Pea Cannery Properties
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COMMISSION RESOLUTION NO. 3770
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DISCONTINUING, ABANDONING AND VACATING PORTIONS OF THE
RIGHTS-Of-WAY fOR EAST OAK STREET, NORTH BLACK AVENUE AND
NORTH/SOUTH ALLEY IN BLOCKS 3 AND 4, IMES ADDITION, IN THE CITY OF
BOZEMAN, MONTANA.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman
a petition by Susan Swimley, attorney representing Bozeman Pea Cannery Properties, LLC, owner of a
portion of the property abutting the street and alley rights-of-way; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 23rd day of August
2004, at its regular meeting, passed and adopted Commission Resolution No. 3716, declaring it to be the
intention of the City Commission to vacate and abandon portions of the rights-of way for East Oak Street,
North Black Avenue and north/south alley in Blocks 3 and 4, Imes Addition, in the City of Bozeman,
Montana; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily
Chronicle on August 25 and September 1, 2004, as appears on the affidavit of publication of the publisher
of said Bozeman Daily Chronicle, which is on file with the Clerk of the City Commission of the City of
Bozeman; and
WHEREAS, said notice of the adoption of said Resolution has been served in the manner of the
service of summons in civil actions upon all persons whose property abuts upon the portion of the above-
described streets and alley affected by the proposed vacation, which return of service is on file with the
Clerk of the City Commission of the City of Bozeman; and
WHEREAS, said notice, as published and served, designated the 7th day of September 2004
at 7:00 o'clock p.m., at the Commission Room in the City Hall Building, Bozeman, Montana, as the time
and place for hearing objections; and
WHEREAS, no legal objections to said vacation were presented on the 7th day of September
2004, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that
meeting; and
WHEREAS, it is in the City's best interests to vacate the subject street and alley rights-of-way,
while preserving an easement therein for any public utility to continue to maintain existing plant and
equipment in said street and alley rights-of-way; and
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WHEREAS, upon vacating or abandoning the street and alley rights-of-way, ownership of the
abandoned right-of-way reverts to the Bozeman Pea Cannery Properties, L.L.C.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, that
the street and alley 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 and alley rights-of-way, more particularly described as follows:
Those portions of the rights-of way for East Oak Street, North Black Avenue and
north/south alley in Blocks 3 and 4, Imes Addition, in the City of Bozeman, Montana.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 7th day of February 2005.
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APPROVED AS TO FORM:
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TIMOTHY A. COOP I
Acting City Attorney
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George Westlake &:
Kay Martinen
BOZl/man Pia Can ry Properties, LLC
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LEGEND
~::~:i:;1 PREVIOUSLY VACATED STREET
~, PROPOSED STREET/ALLEY VACATION
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BLOCKS 3 & 4, IMES ADDITION
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CITY ENGINEERING OFFICE AUGUST 2004
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