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Home My WebLink AboutResolution 3202 Intent to vacate: Aspen west of Wallace ._".~ COMMISSION RESOLUTION NO. 3202 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 THAT GO-FOOT-WIDE BY APPROXIMATELY 200-FOOT-LONG PORTION OF EAST ASPEN STREET LYING BETWEEN LOTS 9 THROUGH 16, BLOCK 108, AND LOTS 17 THROUGH 24, BLOCK 109, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THEWEST RIGHT-OF-WAY LINE OF NORTH WALLACE AVENUE AND THE PORTION OF EAST ASPEN STREET RIGHT-Of-WAY VACATED BY ORDINANCE NO. 911, IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, a petition to vacate the East Aspen Street right-of-way between Lots 9 through 16, Block 108, and Lots 17 through 24, Block 109, Northern Pacific Addition, has been filed with the Clerk of the City Commission of the City of Bozeman by Jon Gerster and John Tengelsen, owners of the property abutting said portion of the street right-ot-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 ot the City of Bozeman and the inhabitants therein that said right-ot-way be vacated, provided that said vacation does not affect the right ot any public utility to continue to maintain its plant and equipment in said street right-ot-way. NOW, THEREFORE, BE IT RESOLVED by the City Commission ot 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 East Aspen Street right-at-way lying between the west right-of-way line of North Wallace Avenue and the portion of East Aspen Street right-of-way vacated by Ordinance No. 911, more particularly described as follows: That portion of East Aspen Street lying between Lots 9 through 16, Block 108, and Lots 17 through 24, Block 109, Northern Pacitic Addition, in the City of Bozeman, Montana. 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. 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 6th day of October 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 15th day of September 1997. ( O~ I",/j~-i?~ DON E. STUECK Mayor ATTEST: (}.k 7! ~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: !-fl - 2 - ..--.- -- .-..--..-. ..-- NOTICE IN RE COMMISSION RESOLUTION NO. 3202 OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENTION TO VACATE AND ABANDON THAT 60-FOOT-WIDE BY APPROXIMATELY 200-FOOT-LONG PORTION OF EAST ASPEN STREET LYING BETWEEN LOTS 9THROUGH 16, BLOCK 108, AND LOTS 17 THROUGH 24, BLOCK 109, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF NORTH WALLACE AVENUE AND THE PORTION OF EAST ASPEN STREET RIGHT-OF-WAY VACATED BY ORDINANCE NO. 911, IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY GIVEN that on the 15th day of September 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. 3202, entitled: COMMISSION RESOLUTION NO. 3202 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 THAT 60-FOOT-WIDE BY APPROXIMATELY 200-FOOT -LONG PORTION OF EAST ASPEN STREET LYING BETWEEN LOTS 9 THROUGH 16, BLOCK 108, AND LOTS 17 THROUGH 24, BLOCK 109, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE WEST RIGHT-Of-WAY LINE OF NORTH WALLACE AVENUE AND THE PORTION OF EAST ASPEN STREET RIGHT-Of-WAY VACATED BY ORDINANCE NO. 911, IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY fURTHER GIVEN that Monday, the 6th day of October 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. DATED this 16th day of September 1997. (}J: of H~ ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: Wednesday, September 24, 1997 ----- -.---.--... -- 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. 3202 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate a 60-foot-wide by approximately 200-foot-long portion of East Aspen Street between Lots 9 through 16, Block 108, and Lots 17 through 24, Block 109, Northern Pacific Addition, and more particularly lying between the west right-of-way line of North Wallace Avenue and the East Aspen Street right-of-way vacated by Ordinance No. 911, and --j, ;t;ff t (? Is t'" 11 personally served the same upon ...J P'1 ,1 , on the 2-1/ ~ day of ,S ~/:) 1t'I'Y/b-er 1997, by delivering to him or her, personally I at 0/~) I! a &,1- !:,JY/ A r'- ,C/ C k ' in the City of Bozeman, Gallatin County, State of Montana. ~ .tr4/ ~0")ft;1'a~/1"'V'" 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. 3202 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate a 60-foot-wide by approximately 200-foot-long portion of East Aspen Street between Lots 9 through 16, Block 108, and Lots 17 through 24, Block 109, Northern Pacific Addition, and more particularly lying between the west right-of-way line of North Wallace Avenue and the East Aspen Street right~of-way vacated by Ordinance No. 911, and ........- ihY5k~/- personally served the same upon --Jt5M. , on the ;J 6 tit day of L ~;: / 1997, by delivering to him or her, personally , -..AI jF CII'1-' ,,>' I at 1/'1 dc//IT wli./1A l-,z , in the City of Bozeman, Gallatin County, State of Montana. t%/k,~ t1~J)D:na~ ~v Print ame . ..,-- --~._-_.- ...--.-"..---.- LIST OF PEOPLE TO BE SERVED Jon Gerster 719 North Wallace Avenue Bozeman, Montana John Tengelsen 516 East Tamarack Street Bozeman, Montana ...-..-. .-......-.-.--