HomeMy WebLinkAboutResolution 3212 Intent to vacate S.4th (Ida Ave.) - Graf's 1st & 2nd filing
COMMISSION RESOLUTION NO. 3212
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON THAT 30-FOOT-WIDE BY APPROXIMATELY 996.6~
FOOT -LONG PORTION OF 4TH A VENUE S.E. (IDA A VENUE) LYING ALONG THE
EAST SIDE OF BLOCKS 22, 23 AND 24. ELECTRIC HEIGHTS ADDITION. AND
ALONG THE WEST SIDE OF LOTS 1 THROUGH 4, BLOCK 1. GRAF'S FIRST
SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN. MONTANA.
WHEREAS. a petition to vacate the 4th Avenue S.E. right-of-way lying along the east side
of Blocks 22, 23 and 24, Electric Heights Addition, and along the west side of Lots 1 through 4,
Block 1, Graf's First Subdivision, Second Filing, has been filed with the Clerk of the City
Commission of the City of Bozeman by Gallatin Valley Land Trust on behalf of Simgraf Corporation,
one of the owners of the property abutting said portion of the street right-of-way, as shown in
Exhibit "A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portion of street right-of~
way 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-way be vacated, provided that said vacation
does not affect the right of any public utility to continue to maintain its plant and equipment in said
street right-of~way and provided that any conditions attached to approval of the requested vacation
are met.
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 portion of 4th Avenue S.E. (Ida Avenue) right-of-way lying along the east
side of Blocks 22, 23 and 24, Electric Heights Addition, and the west side of Lots 1 through 4,
Block 1, Graf's First Subdivision, Second Filing, more particularly described as follows:
Beginning at the intersection of the centerlines of 4th Avenue S.E. and 16th
Street S.E., as shown on the plat of the Electric Heights Addition to the City of
Bozeman, Gallatin County, Montana; thence south along the centerline of 4th
Avenue S.E. a distance of 996.6 feet, more or less, to the southwest corner of
the northeast Quarter of the southwest Quarter of Section 18, Township 2 South,
Range 6 East, M.P.M., said point being also the intersection of the centerlines
of 4th Avenue S.E. and 19th Street S.E.; thence west along the centerline of
said 19th Street S.E. a distance of 996.6 feet, more or less, to a point on the
centerline of said 16th Street S.E.; thence east along the centerline of said 16th
Street S.E. a distance of 30 feet to the point of beginning, containing 29,898
square feet, more or less.
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The vacation shall not affect any easement therein or affect the right of any public utility
to continue to maintain existing plant and equipment in said street right-of-way and shall be subject
to any conditions imposed by the City Commission in conjunction with approval of this application.
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 portions of the above~described street right-of-way 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 15th day of December 1997. 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 right-of-way.
PASSED AND ADOPTED by the City Commission of the City of Bozeman. Montana, at a
regular session thereof held on the 17th day of November 1997.
aL~
DON E. STUECK
Mayor
ATTEST:
(k/~
ROBIN L. SULLIVAN
Clerk of the Commission
I
APPROVED AS TO FORM:
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NOTICE IN RE
COMMISSION RESOLUTION NO. 3212 OF THE CITY OF BOZEMAN, MONTANA,
STATING THE INTENTION TO VACATE AND ABANDON THAT 30-FOOT-WIDE
BY APPROXIMATELY 996.6-FOOT-LONG PORTION OF 4TH AVENUE S.E. (IDA
A VENUE) LYING ALONG THE EAST SIDE OF BLOCKS 22, 23 AND 24,
ELECTRIC HEIGHTS ADDITION, AND ALONG THE WEST SIDE OF LOTS 1
THROUGH 4, BLOCK 1, GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE
CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY GIVEN that on the 17th day of November 1997, 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. 3212, entitled:
COMMISSION RESOLUTION NO. 3212
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON THAT 30-FOOT-WIDE BY APPROXIMATELY 996.6-
FOOT -LONG PORTION OF 4TH A VENUE S.E. (IDA A VENUE) LYING ALONG THE
EAST SIDE OF BLOCKS 22, 23 AND 24, ELECTRIC HEIGHTS ADDITION, AND
ALONG THE WEST SIDE OF LOTS 1 THROUGH 4, BLOCK 1, GRAF'S FIRST
SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 15th day of December 1997, 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 right-
of-way 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 right-of-way 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.
DA TED this 18th day of November 1997.
~;!~
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Wednesday, November 26, 1997
Bozeman Citv Police Division
RETURN OF SERVICE
I do hereby certify that I received a true copy of the Notice in Re for Commission
Resolution No. 3212 of the City of Bozeman, Montana, stating the intention of the City Commission
to vacate the 30-foot-wide by approximately 996.6-foot-long portion of 4th Avenue S.E. right-of-
way lying along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and along the
west side of Lots 1 through 4, Block 1, Graf's First Subdivision, Second Filing, and personally
served the same upon EU66NE 6/MFF ..l1Z
, on the q day
of OEL. 1997, by
delivering to him or
her, personally at
" "1C W, L;4-,MM '" ~t"-G"
, in the City of Bozeman, Gallatin
County, State of Montana.
& ~I t$,op
Officer's Signature
8/2y'AAI ~ft15
Print Name
-.-.
Bozeman Citv
Police Division
RETURN OF SERVICE
I do hereby certify that I received a true copy of the Notice in Re for Commission
Resolution No. 3212 of the City of Bozeman, Montana, stating the intention of the City Commission
to vacate the 30-foot-wide by approximately 996.6-foot-long portion of 4th Avenue S.E. right-of-
way lying along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and along the
west side of Lots 1 through 4, Block 1, Graf's First Subdivision, Second Filing, and personally
served the same upon ~) t:-A ^' SIMI<~.N5
, on the
9 day
~
of DEC. 1997,
by delivering to him
or her, personally at
/10 I K E,N Yv...J D/l.
, in the City of Bozeman, Gallatin
County, State of Montana.
f3t,J ~ a~,>
Officer's Sign ture
I3fl-Y.tf.Al' ,4~""'1
Print
Name
---. -. - --.----- -.--"...
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Bozeman City Police Division
RETURN OF SERVICE
I do hereby certify that I received a true copy of the Notice in Re for Commission
Resolution No. 3212 of the City of Bozeman, Montana, stating the intention of the City Commission
to vacate the 3D-foot-wide by approximately 996.6-foot-long portion of 4th Avenue S.E. right-of-
way lying along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and along the
west side of Lots 1 through 4, Block 1, Graf's First Subdivision, Second Filing, and personally
~lfMAAI WluvE"S5
r;;. S+Jn.J M.A..t-TlAI
served the same upon VIIICM'TIQAf'
, on the '1
day
of DEl.
1 997, by delivering to
him or her, personally at
qlS "'((.1-1 L..............
" t.-Vf).
, in the City of Bozeman, Gallatin
County, State of Montana.
&; ~ ~I'r.)
Officer's
Signat re
& fAN' IJ04c-t.}
Print Name
Bozeman City Police Division
RETURN OF SERVICE
I do hereby certify that I received a true copy of the Notice in Re for Commission
Resolution No. 3212 of the City of Bozeman, Montana, stating the intention of the City Commission
to vacate the 30-foot.wide by approximately 996.6.foot-long portion of 4th Avenue S.E. right.of.
way lying along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and along the
west side of Lots 1 through 4, Block 1, Graf's First Subdivision, Second Filing, and personally
served the same upon M ~Tc.tt Ji oIV't K ~ N J
, on the Sl
day
of DEl. 1997, by
delivering to him or
her, personally at
S J "'" t( I .JI/ S - H4 L II AI 32~ f'!. tSAJ~
, in the City of Bozeman, Gallatin
County, State of Montana.
6tJ~. , B,oO
Officer's Signature
(] t< 1/ A,/I/ IJDAAf {
P'rint Name
,-
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE IN RE
COMMISSION RESOLUTION NO. 3212 OF THE CITY OF BOZEMAN. MONTANA
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO V ACA TE
AND ABANDON THAT 30-FOOT-WIDE BY APPROXIMATELY 996.6-FOOT-LONG
PORTION OF 4TH AVENUE S.E. (IDA AVENUE) LYING ALONG THE EAST SIDE
OF BLOCKS 22. 23 AND 24. ELECTRIC HEIGHTS ADDITION. AND ALONG THE
WEST SIDE OF LOTS 1 THROUGH 4. BLOCK 1. GRAF'S FIRST SUBDIVISION,
SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA
. 1f/)Mu~P
o/~Q.: <<-- MR. fUS[N[ BURKE, owner of property adjacent to the subject street right-of-way, does
hereby acknowledge that on the I., day of :TAvVJ/l l' ' 199~, he received a copy 4L .
of said Notice in Re and hereby waives any requirement for personal service of said Notice in Re. J;~.
And further, that he is presently residing in ).lc-iVp L UL Ll County, State of
"
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DATED this 1'3 day of '/AA/VAJt 0/ 199;. r ~\~
'~ (i/
NOTARY WITNESS
STATE OF ~. )
: ss
COUNTY OF ~() ~ ) k'
-I-~ g' yI. P'
On this /3 - day of ~^1 ' 199t before me, a Notary Public for the State
of /lzr..J1M;/. , perS~allY appeared UnlGlnLr:::B ~. , known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that 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. / . / ~.
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