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HomeMy WebLinkAboutResolution 3053 Intent to vacate West Cleveland and West Harrison, S. 8 to S --....'.:.c...... '-. ~~ ---.......- ....... - --.-- ._~_. .._~._- .- --..... ----.--... COMMISSION RESOLUTION NO. 3053 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 THOSE PORTIONS OF WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF SOUTH 8TH AVENUE AND THE EAST RIGHT-OF- WAY LINE OF SOUTH 10TH AVENUE, LOCATED ON THE MONTANA STATE UNIVERSITY CAMPUS. WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman a petition by Montana State University, owner of the property on both sides of said portions of West Cleveland Street and West Harrison Street, as shown in Exhibit" A" attached hereto; and WHEREAS, it appears to the City Commission that the subject portions of West Cleveland Street and West Harrison Street rights-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 rights-of-way of West Cleveland Street and West Harrison Street lying between the west right-of-way line of South 8th Avenue and the east right-of-way line of South 10th Avenue, more particularly described as follows: That portion of West Cleveland Street right-of-way lying between Blocks 6 and 7 and Blocks 10 and 11, Capital Hill Addition and that portion of West Harrison Street right-of-way lying between Blocks 10 and 11 and Blocks 22 and 23, Capital Hill Addition, and both more commonly lying between the west right-of-way line of South 8th Avenue and the east right- of-way line of South 10th Avenue on the Montana State University campus. 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 rights-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 rights-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 1st day of May 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 rights-of-way. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of April 1995. ( C)d>7 C/J~ DON E. STUECK Mayor Pro Tempore ATTEST: ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~~ PAUL J. L E . City Attorney - 2 - ---.....--.......--.. - ._--....,~-----~- - NOTICE IN RE COMMISSION RESOLUTION NO. 3053 Of THE CITY Of BOZEMAN, MONTANA, STATING THE INTENTION TO VACATE AND ABANDON THOSE PORTIONS Of WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT-Of-WAY LINE Of SOUTH 8TH AVENUE AND THE EAST RIGHT-Of-WAY LINE Of SOUTH 10TH AVENUE, LOCATED ON THE MONTANA STATE UNIVERSITY CAMPUS IN THE CITY Of BOZEMAN. NOTICE IS HEREBY GIVEN that on the 17th day of April 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. 3053, entitled: COMMISSION RESOLUTION NO. 3053 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 THOSE PORTIONS Of WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT-Of-WAY LINE Of SOUTH 8TH AVENUE AND THE EAST RIGHT-Of- WAY LINE Of SOUTH 10TH AVENUE, LOCATED ON THE MONTANA STATE UNIVERSITY CAMPUS. NOTICE IS HEREBY fURTHER GIVEN that Monday, the 1 st day of May 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 rights-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. DA TED this 17th day of April 1995. vj.:d~~ ROBIN L. SULLIVAN Clerk of the Commission Legal Ad Publish: Friday, April 21, 1995 .....--~ r- '. - - - ~ -- - - - -.- - ACKNOWLEDGEMENT OF RECEIPT OF NOTICE IN RE -- COMMISSION RESOLUTION NO. 3053 OF THE CITY OF BOZEMAN, MONTANA STATING THE INTENTION OF THE CITY COMMISSION TO VACATE THOSE PORTIONS OF WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN SOUTH 8TH AVENUE AND SOUTH 10TH AVENUE ON THE MONTANA STATE UNIVERSITY CAMPUS, IN THE CITY OF BOZEMAN, MONTANA. Rcbef'f V Lashi ' Di'ecl-or of mi M-~ at t( Montana State University, does liereby acknowledge that on the J..f}" -day of Afti I ' 1995, 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 residing in Gallatin County, State of Montana. DATED this ;;2S--!j. day of ).. () /' V 1 1995. , NOTARY WITNESS STATE OF MONTANA ) : ss COUNTY OF GALLATIN ) On this 25th day of April , 1995, before me, a Notary Public for the State of Montana, personally appeared Robert V. Lashaway , at Montana State University, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. Q~ d~~M~) Notary Public for ttie State of Montana Residing at Bozeman, MT My Commission expires: 02/06/96 - - - ---- --...-....--- -.".. ... ....------ EXHIBIT" Aii ~ ~ ~ ~ ~. ~ ~ 't "'" ~ ~ ~ ~ 2: '<I: '<I: 't ~ 2: ~ .... ~ ~ is ti:J ~ i;:; COLLEGE STREET -.... r ~.. .... ,.': '.'~~", ;': .~.'" ....l :'.1" III7LJ \,.-.. :~v " I_~. ~ ( lBo3 HOWARD l~<::] n EXISllNG NE QUADRANT - N.T.S. -..-. ,.. - . Hf:RTH __ _.______ ._____.__u_ --.---------...- .----.--.........-. _"_L___" d.