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Home My WebLink AboutResolutions 5564 - Resolution Title Unknown DocuSign Envelope ID:C90BE9A9-6787-401E-9528-7610914AEE71 c�3wtan' MT y`5��1 —lZ3c� 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 2819075 Resolution 5564 Page: 1 of 5 01/22/2024 04.41:33 PM Fee $40 00 Eric Semerad - Gallatin County, MT MISC 11111111�11111II II111111I111111 IN11111111111111111111111111 II11111II IIIIIIII IN 2819075 Page 2 of 5 01/22/2024 04A133 PM DocuSign Envelope ID:C908E9A9-6787-4C1E-9528-7610914AEE71 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 Sinmental 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 Resolution 5564 2819075 Page 3 of 5 01/22/2024 04A133 PM DocuSign Envelope ID:C90BE9A9-6787-4C1E-9528-7610914AEE71 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 9"'day of January,2024. En cuSlgned by: 03A73E47F... ATTEST: TERENCE CUNNINGHAM DS Mayor DocuSlgned by: c? it 74547B3D4A2E490... ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: CDocuSlgn.d by: 8709 2AS A49� GREG SULLIVAN City Attorney Resolution 5564 2819075 Page 4 of 5 01/22/2024 04.41.33 PM fill ILU i" 66 �\\\ \� Pp I\IN \\ d U� ` e hP UY! d� o ------------- ro— =ONU O UQ§ 4 , E lit zz �i s� � �� Y � aa+ � a � 94�� • � '�e o6Uom � uj 09 U H H 9 111 1 Him a-s-f GN9w v'vzvlld rIvlLNamls-'d9RMdvJ 2819075 Page 5 of 5 01/22/2024 04A133 PM From MCA 1-5-610(7) For certifying a copy of an electronic record: State of Montana County of Gallatin I certify that the foregoing and annexed record entitled Resolution 5564, dated 01-09-2024 and consisting of 4 pages is a true and correct copy of an electronic record printed directly from the electronic file by me on _01-18-2024_. iiuNT JULIE HUNTER Notary Public :�oTAR/,q for the State of Montana Residing at: Bozeman, Montana '9�OF�OrR My commission Expires: June 11,2025 (Si ature of notarial officer) (Official stamp)