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Home My WebLink AboutResolution 3365 Intent to vacate N. Ida & alley in block 31 - COMMISSION RESOLUTION NO. 3365 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION Of SAID COMMISSION TO VACATE AND ABANDON THE STREET RIGHT~Of-WAY fOR NORTH IDA AVENUE LYING BETWEEN THE NORTH RIGHT-Of-WAY LINE Of EAST MAIN STREET AND THE SOUTH RIGHT-Of-WAY LINE OF THE EAST/WEST ALLEY BETWEEN EAST MAIN STREET AND EAST MENDENHALL STREET AND THE DEAD END EAST/WEST ALLEY RIGHT-Of-WAY EXTENDING WESTWARD fROM THE WEST RIGHT-Of-WAY LINE Of NORTH BROADWAY AVENUE BETWEEN TRACT 3A, BLOCK 12, AND LOT 7 A, BLOCK 31, NORTHERN PACifiC ADDITION, IN THE CITY Of BOZEMAN, MONTANA. WHEREAS, a petition to vacate the street right-of-way for North Ida Avenue lying betwen the north right-of-way line of East Main Street and the south right-of-way line of the east/west alley between East Main Street and East Mendenhall Street, and the dead end east/west alley right-of-way extending westward from the west right-of-way line of North Broadway Avenue between Tract 3A, Block 12, and Lot 7 A, Block 31, Northern Pacific Addition, has been filed with the Clerk of the City Commission of the City of Bozeman by Delaney and Company, owner of the property abutting the street and alley rights.of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject portions of street and alley 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 rights-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 or alley 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 a portion of the street right-of.way for North Ida Avenue and the alley right- of-way extending westward from North Broadway Avenue, more particularly described as follows: That portion of the street right-of-way for North Ida Avenue lying between the north right-of-way line of East Main Street and the south right-of.way line of the east/west alley between East Main Street and East Mendenhall Street, and the dead end east/west alley right-of-way extending westward from the west ------ - - -- - - --- --- right-of-way line of North Broadway Avenue between Tract 3A, Block 12, and Lot 7 A, Block 31, Northern Pacific Addition, in the City of Bozeman, Montana. The vacation shall not affect any existing rights-of~way or easements of any property owners or the right of any public utility to continue to maintain existing plant and equipment in the street or alley 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 upon all persons who are owners or purchasers under contracts for deed of property that abuts upon the portions of the above-described street or 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 held at the Commission Room in the Municipal Building, 411 East Main Street, Bozeman, Montana, on Monday, the 17th day of July 2000, 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 and alley rights-of-way. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of June 2000. ~!1~ MARCIA B. YOUNG AN, Mayor ATTEST: ~ oi~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~ 2 - . .-.-- -- E-'~ \...'. ~:,. \'A IJ . 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I ~ ~ I 30 0 30 rT) 'SJ Scale In Meters #000.39(0) ---.--..-.. ....--..-- ..---......-. -- - - NOTICE Of INTENT TO V ACA TE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 5th day of June 2000, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 3365, entitled: COMMISSION RESOLUTION NO. 3365 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN. MONT ANA. DeCLARING IT TO BE THE INTENTION Of SAID COMMISSION TO VACATE AND ABANDON THE STREET RIGHT-Of-WAY fOR NORTH IDA AVENUE LYING BETWEEN THE NORTH RIGHT-Of-WAY LINE Of EAST MAIN STREET AND THE SOUTH RIGHT-Of-WAY LINE Of THE EAST/WEST ALLEY BETWEEN EAST MAIN STREET AND EAST MENDENHALL STREET AND THE DEAD END EAST/WEST ALLEY RIGHT-Of.WAY EXTENDING WESTWARD fROM THE WEST RIGHT~Of-WAY LINE OF NORTH BROADWAY AVENUE BETWEEN TRACT 3A. BLOCK 12. AND LOT 7 A. BLOCK 31, NORTHERN PACIFIC ADDITION. IN THE CITY Of BOZEMAN. MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 17th day of July 2000, 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 the street and alley rights-of-way more particularly described in the Resolution of Intention, and is the time and place for any person whose property abuts upon the portion of the street or alley rights-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 6th day of June 2000. ~J~ R IN L. SULLIVAN Clerk of the Commission P.O. Box 1230 Bozeman, Montana 59771 (406) 582-2320 Legal Ad Publish: Wednesday, June 28, 2000 Wednesday, July 5, 2000 , It'- w ACKNOWLEDGE RECEIPT OF NOTICE COMMISSION RESOLUTION NO. 3365 STATING THE INTENTION OF THE CITY COMMISSION TO VACATE A PORTION OF NORTH IDA AVENUE AND A PORTION OF THE EAST/WEST ALLEY EXTENDING WESTWARD FROM NORTH BROADWAY AVENUE IN THE CITY OF BOZEMAN. COUNTY OF GALLATIN. STATE OF MONTANA t'J\ \ (' ~ 'f\.t.9 \~"). Dr~ A G~"/ , f\l (" S \ \..) po r, .\... of Delaney and Company, , does hereby acknowledge that on the MrA... day of TLi \ II , 2000 (s)he received a copy ! of said Notice and hereby waives any requirement for personal service of said Notice. And, further, that (s)he presently resides in Gallatin County, State of Montana. DATED this -7-.l:'A day of ~A \y 2000. I W VJ~ ~r--",- --- ~ + : ..' if (\ c., ..,--," . ,__ '_,.-"' ~ ~ '- ,'- '1 -- NOTARY PUBLIC STATE OF MONTANA ) COUNTY OF GALLATIN ) On the I day of ~ 2000, before me, a Notary Public for the State 01 M onta n a. perso n a lIy a p p eare d -.M If ,\", , 1 \hJ. Dr. \ 0. V\~ · Jfe.lsd ~ of Delaney and Company, 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 on behalf of Delaney and Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. \ \' 11/. \\\11' 'fl/I " -1'/..J A// ,'- v\:, - . . I I'; /1 {.'y"'-"":p':, ~~ .- ,. OTAR. 'A/'.I_'::' 111 ::- -.J . \;-\ ,\ ., '-'.... .- LX. ~ ~\' S ~,~ L );1 ~y Public lor the State I --m()V\~ O~<;':" ,,':.;i".,' ResidIng at~NY\I1~ /_>/>~:--i'-;;; :',\()\~ ","- My commissio xpires: l 14.-1- 0 z....... '1/ -.- I \, . \\' II i II I \ \ \ \ \ -.----