Loading...
HomeMy WebLinkAboutResolution 3201 Intent to vacate 30-foot service drive, West Oak/West Birch: Bozeman Inn ~"- COMMISSION RESOLUTION NO. 3201 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 30-fOOT-WIDE SERVICE DRIVE RIGHT-Of-WAY ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1, ROYAL VISTA SUBDIVISION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-Of-WAY LINE Of WEST OAK STREET AND THE NORTH RIGHT-Of-WAY LINE Of WEST BIRCH STREET IN THE CITY Of BOZEMAN, MONTANA. WHEREAS, a petition to vacate the 3D-foot-wide service drive right-of-way adjacent to Lots 9 through 14, Block 1, Royal Vista Subdivision, has been filed with the Clerk of the City Commission of the City of Bozeman by Mike Gaffke, representing The Bozeman Inn Condominium, owner of the property on the west side of said portion of the service drive right-of~way, as shown in Exhibit" A" attached hereto; and WHEREAS, it appears to the City Commission that the subject portion of service drive 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 service drive right-of~way. 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 the 3D-foot-wide service drive located along the west side of North 7th Avenue between West Oak Street and West Birch Street, more particularly described as follows: That portion of the 3D-foot-wide service drive lying adjacent to Lots 9 through 14, Block 1, Royal Vista Subdivision, 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 service drive 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 service drive 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 Obiections 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 service drive 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. (OA-7 L /3~ DON E. STUECK Mayor ATTEST: (2t /~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 2 - ___n_..___ n..._.____ ---..-.. -....---......-. NOTICE IN RE COMMISSION RESOLUTION NO. 3201 OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENTION TO VACATE AND ABANDON THAT 30-FOOT-WIDE SERVICE DRIVE RIGHT-OF-WAY ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1, ROYAL VISTA SUBDIVISION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF WEST OAK STREET AND THE NORTH RIGHT-Of-WAY LINE OF WEST BIRCH STREET 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. 3201, entitled: COMMISSION RESOLUTION NO. 3201 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 30-FOOT-WIDE SERVICE DRIVE RIGHT-OF-WAY ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1, ROYAL VISTA SUBDIVISION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF WEST OAK STREET AND THE NORTH RIGHT-OF-WAY LINE OF WEST BIRCH STREET 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 service drive 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 service drive 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 16th day of September 1997. ~ zh~ ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: Wednesday, September 24, 1997 _.n ---- -. ____.m. 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. 3201 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate a 30-foot-wide service drive right-of-way adjacent to Lots 9 through 14, Block 1, Royal Vista Subdivision, and more commonly lying along the west side of North 7th Avenue between the south right-of-way line of West Oak Street and north right-ot-way line of West Birch Street, and personally served the same upon M-/p a"ff7e , of The ~ L h . Bozeman Inn Condominium, on the .;? 61 day ot _7'-C-"p. ?"~"? lre,;/ 1997, by , delivering to him or her, personally at ,~ OO?e' rr1 e:....Vl ..:z: J.'/ '-'7 , in the City of Bozeman, Gallatin County, State of Montana. -". al/~~ ~;ptk~"'>~/ f Print Name . ----- .....---