HomeMy WebLinkAboutResolutions 5564 - Vacate Lots 1-3 of Gardner-Simmental Plaza SubdiviResolution 5564
COMMISSION RESOLUTION NO. 5564
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO DISCONTINUE, ABANDON AND VACATE STREET RIGHTS-OF-WAY IN TRACT 1, LOTS 1-3 OF GARDNER-
SIMMENTAL PLAZA SUBDIVISION, LOCATED IN SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA.
WHEREAS, on the 15TH day of December, 2020, the City Commission (the "Commission") of
The City of Bozeman, Montana (the "City") adopted Commission Resolution No. 5226 (the "Resolution
of Intention"), stating its intent to discontinue, abandon, and vacate street rights-of-way in Tract 1, Lots
1-3 of Gardner-Simmental Plaza Subdivision; and
WHEREAS, City Commission Resolution 3628 requires certain procedures be followed to
review a petition to discontinue a street or alley including: (i) requiring the petition contain specific
information; (ii) a report from the City’s Engineering Division; (iii) a public hearing on whether to
approve the petition; (iv) notice both mailed to affected property owners and published in the Bozeman
Daily Chronicle; and (v) adoption of this Resolution; and
WHEREAS, notice was mailed in conformance with Resolution 3628 and a public hearing
was held on December 15, 2020 at which time reasonable opportunity was provided to the public and
those that have an interest in property abutting said right-of-ways to make objections to the
discontinuance of these right-of-ways; and
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Resolution 5564
WHEREAS, the subject street rights-of-way can be discontinued without detriment to the
public interests; and
WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants therein that
said right-of-ways be discontinued, provided, however, that said discontinuance does not affect the right
of any public utility to continue to maintain its plant and equipment in said right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
Declaration of Abandonment and Vacation
It is hereby declared by the City Commission of the City of Bozeman, Montana, to vacate all
of the right-of-ways in Tract 1, Lots 1-3 of the Gardner-Simmental Plaza Subdivision as described as
follows:
All of Bannock Stage Court as described in the Gardner-Simmental Plaza Final Plat (J-5). Bannock Stage Court begins at Simmental Way and terminates at and including the cul-de-sac.
All of Simmental Way from the south boundary of of Lot 3, Tract 1, of the Gardner-
Simmental Plaza Final Plat (J-5) to the termination of the street right-of-way at the north boundary of Lot 2, Tract 1, of the Gardner-Simmental Plaza Final Plat (J-5).
All as shown on the attached Amended Plat J-5-E
The discontinuances shall not affect the right of any public or private utility facility to continue
to maintain currently established plant and equipment in the street or alley right-of-ways.
Section 2
Fee Title to Revert to Montana Department of Transportation
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Resolution 5564
The fee title to the land where the right-of-ways will be discontinued will be declared, upon adoption of this resolution discontinuing the street, to revert to the Montana Department of Transportation, for their
benefit.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 9th day of January, 2024.
________________________________________ ATTEST: TERENCE CUNNINGHAM, Mayor
____________________________________ ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
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