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HomeMy WebLinkAboutResolution 3288 Intent to vacate Saccoccia easements COMMISSION RESOLUTION NO. 3288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THOSE STREET AND UTILITY EASEMENTS ACROSS TRACTS 4A AND 4B, CERTIFICATE OF SURVEY NO. 1215A, AND TRACT 1 B, CERTIFICATE OF SURVEY NO. 1215B, EXTENDING EASTWARD FROM NORTH 19TH AVENUE AT APPROXIMATELY THE MID- POINT BETWEEN WEST OAK STREET AND BAXTER LANE, IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, a request to vacate and abandon a 60-foot-wide street and utility easement across Tracts 4A and 4B, Certificate of Survey No. 1215A, and Tract 1 B, Certificate of Survey No. 1215B, and a 30-foot-wide street and utility easement across Tracts 4A and 4B, Certificate of Survey No. 1215A, and Tract 1 B, Certificate of Survey No. 1215B, has been filed with the Clerk of the City Commission of the City of Bozeman by Philip Saccoccia, Jr., owner of the property burdened by the street and utility easements, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject portion of street easement 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 easement be vacated. 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 the street and utility easements extending eastward from North 19th Avenue at approximately the mid-point between West Oak Street and Baxter Lane, more particularly described as follows: That 60-foot-wide street and utility easement to the City of Bozeman as previously recorded on Film 98 Page 99 across Tracts 4A and 4B of Certificate of Survey No. 1215A and Tract 1 B of Certificate of Survey No. 1215B, and that 30-foot-wide street and utility easement previously recorded on Film 99 Page 131 across Tracts 4A and 4B of Certificate of Survey No. 1215A and Tract 1 B of Certificate of Survey No. 1215B, all in the NW%, Section 1, Township 2 South, Range 5 East, Montana Principal Meridian, in the City of Bozeman, Montana. Section 2 Notice That the City Manager of the City of Bozeman is hereby directed to serve notice of the adoption of this resolution of intention in the same manner that service of summons is required upon all persons who are owners or purchasers under contracts for deed of property that abuts upon the above-described street and utility easements affected by the proposed vacation and to publish notice once in a daily newspaper of general circulation in the City of Bozeman, 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 Room in the Municipal Building, 411 East Main Street, Bozeman, Montana, on Monday, the 17th day of May 1999, at the hour of 7:00 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 and utility easements. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 3rd day of May 1999. ~~~ ALFR M. STIFF,Mayor ATTEST: GJto!~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED~ TO FORM: / . .// .' j / / - 2 - -.---.----.-.----.....-.-. NOTICE IN RE COMMISSION RESOLUTION NO. 3288 NOTICE IS HEREBY GIVEN that on the 3rd day of May 1999, at the regular meeting of the City Commission of the City of Bozeman, Montana, the said City Commission duly and regularly passed and adopted Commission Resolution No. 3288, entitled: COMMISSION RESOLUTION NO. 3288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THOSE STREET AND UTILITY EASEMENTS ACROSS TRACTS 4A AND 4B, CERTIFICATE OF SURVEY NO. 1215A, AND TRACT 1B, CERTIFICATE OR SURVEY NO. 12158, EXTENDING EASTWARD FROM NORTH 19TH AVENUE AT APPROXIMATELY THE MID- POINT BETWEEN WEST OAK STREET AND BAXTER LANE, IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 3rd day of May 1999, at 7:00 p.m. at the Commission Room in the Municipal Building, 411 East Main Street, Bozeman, Montana, is designated as the time and place to hear objections to the vacation of said street easement as more particularly described in said Resolution of Intention, and is the time and place for any person whose property abuts upon the portion of the street easement affected by the proposed vacation to appear and object, if they wish to do so. This notice is given pursuant to Section 7-3-4448, M.C.A. DATED this 4th day of May 1999. ~oi~ ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: Wednesday, May 5, 1999 __ . ___ _________________n_..._. __._ EXHIBIT" A" A TRACT OF LAND BEING PORTIONS OF TRACT 1 8 OF CERTIFICATE OF SURVEY NO. 1215B AND PORTIONS OF TRACTS 4A AND 48 OF CERTIFICATE OF SURVEY NO. 1215A SITUATED IN THE NW1/4 OF SECTION 1. T2S, R5E, P.M.M,. GALLATIN COUNTY, MONTANA. 1RACT 8 SUBDIVISION OWNER ENGINEER ~ NER SlIAIAENTAL PHIUP SACCOCClA, oR. MORRISON MAIERLE, INC. AREA OF PROPOSED _ I I I 991 E. BEACH P.D.BDX 1113 EASEMENT VACATION 1 PASS CHRISTIAN, MS 39571 BOZEMAN, t.lT 59771 I I BASIS OF BEARING EAST UNE OF SEC. I, N 01'31'29" E / AS SHOWN ON CjS No. 12158 _ _ J S1ATE Of MON1ANA BAXTER~NE I -- - - ---.. --- ---........ -.. NW COR SEC 1 I I '\ .. ............ ~~~~ , II / cI$ " 1/ / "'- 1/ I II / I / '\ \} ~..C'/.\".F- SCALE: I" - 300" I C/$ \ II I 1/ 1;1. I 1--: I I~ ~ <D I ~..C\\~ N 1$\ II C I I IW I~ I VACATE ALL OF ';- I 30' WIDE S1REET ok UllU1Y I !'1 EASEMENT PER 99 F 131 5/ T ~ 2 - 7 71' .....1.. 'TRACT 215 C.O.S. 1 I VACATE ALL OF 60' WIDE S1REET ok UllU1Y / EASEMENT PER 98 F 99 I I 'TRACT loA I I C.O.S. 1215A wi I 'TRA~~ ~ I I C.O.S. 1215A ~I I ;:: " I ~I I I I " I 1 0' I 60 6', I [10' 'MDE S1REET '" Ul1UTY EASEIIENT Pal $I f ~ II I TO 1HE aTY Of BOZEMAN I --_____ ---.J - ------ - - - ~ OAK STREET '0 <D WI/4CORR:CI ,- - - - - - - - - - - - -- BRASS eN' IICN. I I I coVERED __ -1_ I W;'~RI< ..--....---- -.------ ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3288 STATING THE INTENTION OF THE CITY COMMISSION TO VACATE STREET AND UTILITY EASEMENTS ACROSS TRACTS 4A AND 4B, COS NO. 1215A AND TRACT 1B, COS NO. 1215 IN THE CITY OF BOZEMAN Ff?\.r SA c c..<o ~c:,.,\.... j~ does hereby acknowledge that on the +-\A. \ 0 day of ~, 1999 (s)he received a copy of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that (s)he presently resides in ----8 A"R.R...I<.OoJ County, State of \'1\1 ~'S I ~S I PI" ~ DATED this \OIAA day of May 1999. rszr~ NOTARY PUBLIC STATE OF \"{'{\ ~ ) COUNTY OF ~~0\~ O~ t~e. \ ~ day of ~~ 1999, before me, a Notary Public for the State of ~~i~:(:personaIlY appeared ~. \. pSt:.. c...<::--G <..,c..,.o... jR , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. - - ~M-~~~- ~ - -/ -.'- ~/- - - / Not~'Y ~r .e State Of~ ~ "'.: ff~ - -' . ~. ~ - -- ," . -. - Residing a "I\.~ c:\) - /' '. ~ - =- My commission expires: ~Ay~nmmissionExDiresMarch24,2()I -. .- -:-.::. ...... -" - ~ -.. ~- '-~ ....... -- - .... ~ -r--....~.__~_~~~: ~.- ....~.. - . - ------- - - ---------- ._____.___nn__ - LIST OF PEOPLE TO BE SERVED Philip Saccoccia, Jr.