HomeMy WebLinkAboutResolution 3086 Intent to vacate West Babcock right-of-way
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COMMISSION RESOLUTION NO. 3086
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
V ACA TE AND ABANDON THAT PORTION OF WEST BABCOCK STREET
RIGHT-Of-WAY LYING ADJACENT TO AND NORTH OF LOT 1 AND LOT
3A-2. AND ADJACENT TO AND SOUTH OF LOT 3B-1, ALL IN BLOCK 3,
KIRK'S FOURTH SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of
Bozeman a petition by Century Properties Fund XIV, owner of the property on the south side of
said portion of West Babcock Street right-of-way, as shown in Exhibit n A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portion of West Babcock
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.
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 street right-of-way of West Babcock Street lying immediately
northeast of the realigned intersection of West Main Street/West Babcock Street/South 23rd
Avenue, more particularly described as follows:
That portion of West Babcock Street right-of-way lying adjacent to and north
of Lot 1 and Lot 3A-2, and adjacent to and south of Lot 3B-1, all in Block 3,
Kirk's Fourth Subdivision, and more commonly referenced as Parcel 6A on
State of Montana Department of Transportation Project No. 94-306, as shown
on the right-of-way plat for said project, on file in the Office of the County
Clerk and Recorder in Gallatin County, 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
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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 October 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 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 2nd day of October 1995.
ATTEST:
c?~ 0:1 ~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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NOTICE IN RE
COMMISSION RESOLUTION NO. 3086 Of THE CITY Of BOZEMAN,
MONTANA, STATING THE INTENTION TO V ACA TE AND ABANDON THE
PORTION Of WEST BABCOCK STREET LYING IMMEDIA TEL Y NORTHEAST Of
THE REALIGNED INTERSECTION OF WEST MAIN STREET/WEST BABCOCK
STREET/SOUTH 23RD AVENUE IN THE CITY Of BOZEMAN.
NOTICE IS HEREBY GIVEN that on the 2nd day of October 1995, 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. 3086, entitled:
COMMISSION RESOLUTION NO. 3086
A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
V ACA TE AND ABANDON THAT PORTION Of WEST BABCOCK STREET
RIGHT-Of-WAY LYING ADJACENT TO AND NORTH Of LOT 1 AND LOT
3A.2, AND ADJACENT TO AND SOUTH Of LOT 3B-1, ALL IN BLOCK 3,
KIRK'S fOURTH SUBDIVISION IN THE CITY Of BOZEMAN, MONTANA.
NOTICE IS HEREBY fURTHER GIVEN that Monday, the 16th day of October 1995, 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 2nd day of October 1995.
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Wednesday, October 4, 1995
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ACKNOWLEDGEMENT OF RECEIPT OF
NOTICE IN RE -- COMMISSION RESOLUTION NO. 3086
OF THE CITY OF BOZEMAN. MONTANA
STATING THE INTENTION OF THE CITY COMMISSION
TO V ACA TE THAT PORTION OF WEST BABCOCK STREET
LYING NORTHEAST OF THE REALIGNED INTERSECTION OF
WEST MAIN STREETIWEST BABCOCK STREET/SOUTH 23RD AVENUE
IN THE CITY OF BOZEMAN. MONTANA.
'Ve11:R. 6~R\'Y\A.J , AuTttt>R.l"Z-ED t<EPRE6EtJT An \Ie: of
Century Properties Fund XIV does hereby acknowledge that on the Cot\. day of
DGTD 5ei<.. , 1995, (s)he received a copy of said Notice in Re and hereby waives
any requirement for personal service of said Notice in Re. And further, that he is presently
\D~td . }JAtxSAlA. County, State of )J8J ){,~I<
resI81ng In
DATED this Co"tr-. day of OCTO Bet!.. 1995.
.
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NOTARY WITNESS
STATE OF ~y..l 'OY K )
: ss
COUNTY OF N o.~ )
<0-+'" oe::tWet , 1995, before me, a Notary Public for the State
On this day of
of ~-N~OfK , personally appeared \=e--\e ( n~
(\ \Ie ([()(Ln ,
At-H\nnr-'20d W{k(,,:"Rnlcd-i-KPf Century Properties Fund XIV, known to me to be the person whose
name is subscribed to the within instrument and aCknowledged to me that (s)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.
otary
Public for the State f
Residing at ~If "Cno
I N'I
My Commission expires:
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