HomeMy WebLinkAboutResolution 5374 Intent to Vacate Portions of Red Wing DriveVersion April 2020
RESOLUTION 5374
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 PORTIONS OF REDWING DRIVE
LOCATED IN THE SOUTHWEST QUARTER SOUTHWEST QUARTER (SW¼ SW¼)
OF SECTION TWENTY-FIVE (25), NORTH HALF NORTHWEST QUARTER (N½
NW¼), SOUTHEAST QUARTER NORTHWEST QUARTER (SE¼ NW¼), SOUTHWEST
QUARTER NORTHEAST QUARTER (SW¼ NE¼) AND NORTHWEST QUARTER
SOUTHEAST QUARTER (NW¼ SE¼) OF SECTION THIRTY-SIX (36), TOWNSHIP
ONE (1) SOUTH, RANGE FIVE (5) EAST, MONTANA PRINCIPAL MERIDIAN AND
CONTAINED ENTIRELY WITHIN THE RAILROAD RIGHT OF WAY, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City
of Bozeman and the public to abandon the portion of Redwing Drive that lays entirely within the
right of way of Burlington Northern Santa Fe Railroad adjacent to Frontage Road, as shown in
Exhibit "A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject road 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, 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:
DocuSign Envelope ID: 42398B2D-4B77-4115-B04F-E23AA0EAF662
Version April 2020
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to abandon and vacate the portions of the road easement described below:
A strip of land sixty (60) feet wide in the Southwest quarter Southwest quarter (SW ¼
SW ¼) of Section twenty-five (25), North half Northwest quarter (N ½ NW ¼), Southeast
quarter Northwest quarter (SE ¼ NW ¼), Southwest quarter Northeast quarter (SW ¼
NE ¼) and Northwest quarter Southeast quarter (NW ¼ SE ¼) of Section thirty-six (36),
Township one (1) South, Range five (5) East, Montana Principal Meridian, the center
line of which is described in a general way as follows: Beginning at a point on the east
line of said Northwest quarter Southeast quarter (NW ¼ SE ¼) where the same is
intersected by a line drawn parallel with and distant one hundred five (105) feet
southwesterly, when measured at right angles, from the center line of the main track of
the Northern Pacific Railway Company as the same is now constructed and operated;
thence northwesterly along the said parallel line to a point in the northwest quarter
northwest quarter (NW ¼ NW ¼) of said Section thirty-six (36); thence curving to the
right and crossing said center line of main track at a point fifty-three (53) feet
southeasterly form the north line of said northwest quarter northwest quarter (NW ¼
NW ¼) when measured along said center line of main track.
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.
DocuSign Envelope ID: 42398B2D-4B77-4115-B04F-E23AA0EAF662
Version April 2020
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, 121 N. Rouse Avenue, Bozeman, Montana, on
Tuesday, the 19th day of April, 2022, 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 right-
of-way. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic, this meeting
may be held online using Webex or other technology.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of March, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: 42398B2D-4B77-4115-B04F-E23AA0EAF662