HomeMy WebLinkAboutResolution 3093 Intent to vacate alley between Harrison and Cleveland - Klenn
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COMMISSION RESOLUTION NO. 3093
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE
THE INTENTION OF SAID COMMISSION
TO V ACA TE AND ABANDON THAT
PORTION OF NORTH/SOUTH ALLEY
RIGHT-Of-WAY LYING ADJACENT
TO LOTS 5 AND 6, BLOCK 14, AND
LOTS 19 AND 20, BLOCK 14, CAPITOL
HILL ADDITION IN THE CITY Of
BOZEMAN, MONTANA.
WHEREAS, a petition to vacate
the alley right-of-way between Lots 5 and 6, Block
14, and Lots 19 and 20, Block 14, Capitol Hill Addition, has been filed with the Clerk of the
City Commission of the City of Bozeman by William G. and Ellen I. Klenn, owners of the
property on the east side of said portion of the alley 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
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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 alley right-of-way.
NOW, THEREFORE, BE IT RESOLVED
by the City Commission of the City at
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/south alley right-of-way lying between
West Harrison Street and West Cleveland Street, lying immediately north of the east/west
alley right-of-way, and between South Fifth Avenue and South Sixth Avenue, more
particularly described as follows:
That portion of alley right-at-way
lying adjacent to Lots 5 and 6, Block 14,
and Lots 19 and 20, Block 14,
Capitol Hill Addition, in the City of
Bozeman, Montana.
The vacation shall not affect
any easement therein or affect the right at any public
utility to continue to maintain existing plant and equipment in said alley right-at-way.
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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 alley 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 h~ld
at the Commission Room in the Municipal Building, 411 East Main Street, Bozeman,
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Montana, on Monday, the 18th day of December 1995, 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 20th day of November 1995.
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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