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Home My WebLink AboutResolution 3182 Intent to vacate 150' strip of North Ida ...---, COMMISSION RESOLUTION NO. 3182 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 16-FOOT~WIDE BY 150~FOOT~LONG PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 15, BLOCK I, ROUSE'S ADDITION, AND LOT 1, BLOCK 32, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT~OF~WAY LINE OF EAST LAMME STREET AND THE NORTH RIGHT~ OF-WA Y LINE OF THE EAST/WEST ALLEY TO THE SOUTH IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, a petition to vacate the North Ida Avenue right~of~way between Lot 15, Block I, Rouse's Addition and Lot 1, Block 32, Northern Pacific Addition, has been filed with the Clerk of the City Commission of the City of Bozeman by John M. Radick, V, owner of the property on the west side of 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 alley 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. 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 North Ida Avenue right~of-way lying between East Lamme Street and the east/west alley to the south, more particularly described as follows: That portion of North Ida Avenue lying between Lot 15, Block I, Rouse's Addition, and Lot 1, Block 32, Northern Pacific Addition, and more particularly lying between the south right-of-way line of East Lamme Street and the north right-of-way line of the east/west alley to the south 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 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 16th day of June 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 alley right-of-way. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of June 1997. (0"" ;: #~ DON E. STUEC Mayor ATTEST: ()uk a7 ~ ROBIN L. SULLIVAN Clerk of the Commission - 2 - -- ------- NOTICE IN RE COMMISSION RESOLUTION NO. 3182 OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENTION TO VACATE AND ABANDON THAT 16-FOOT~WIDE BY 15D-FOOT-LONG PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 15, BLOCK I. ROUSE'S ADDITION, AND LOT 1, BLOCK 32, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF EAST LAMME STREET AND THE NORTH RIGHT-OF-WAY LINE OF THE EAST/WEST ALLEY TO THE SOUTH IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY GIVEN that on the 2nd day of June 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. 3182, entitled: COMMISSION RESOLUTION NO. 3182 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 l6-FOOT-WIDE BY l5D-FOOT-LONG PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 15, BLOCK I, ROUSE'S ADDITION, AND LOT 1, BLOCK 32, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF EAST LAMME STREET AND THE NORTH RIGHT- OF-WA Y LINE OF THE EAST/WEST ALLEY TO THE SOUTH IN THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 16th day of June 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 alley 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 2nd day of June 1997. (fL ~~ ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: Thursday, June 5, 1997 __..u...___ LIST OF PEOPLE TO BE SERVeD John M. Radick V 630 East Lamme Street 40, Lv i {(ocJ,'Ib- d- Bozeman, Montana Larry E. and Sharon Townsend 702 East Lamme Street Bozeman, Montana 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. 3182 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate a 16-foot-wide by 150-foot.long portion of North Ida Avenue between Lot 15, Block I, Rouse's Addition, and Lot 1, Block 32, Northern Pacific Addition, and more particularly lying between the south right-of-way line of East Lamme Street and the north right-of-way line of the east/west alley to the south, and personally served the same upon "3D ~~---\o WY\<:;}OJ''(\~ \. , on the l.u'~-- , day of June 1997, by delivering to him or her, personally at IO~ t< le.~\'Y\i n"'L , in the City of Bozeman, Gallatin County, State of Montana. ~Wi ~~f'.. Cj~. I BPD Officer's Signature ~hQX\ AN'\.. C~- 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. 3182 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate a 16-foot-wide by 150-foot-long portion of North Ida Avenue between Lot 15, Block I, Rouse's Addition, and Lot 1, Block 32, Northern Pacific Addition, and more particularly lying between the south right-of-way line of East Lamme Street and the north right-of-way line of the east/west alley to the south, and personally served the same upon -~"'(\ ~~lcl. V <>ott..- , on the (j day of June 1997, by delivering to him or her, personally at 40u vJ. '<cr~h 1+ d-.. ./ , in the City of Bozeman, Gallatin County, State of Montana. ()\e. ~hr, r~f\f\ .. (~hGJ'WLL Officer's Signature QWl~f\ C~}Q~~-" Print Name ----