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HomeMy WebLinkAboutResolution 2737 Intent to vacate portion of North Ida: 2-13-89 .---------. - -----..- <::;I .. ., . , COMMISSION RESOLUTION NO. 2737 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTEN- TION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 14 OF BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND LOT 22 OF BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN THE NORTHERN BOUNDARY OF THE EAST MENDENHALL STREET RIGHT-OF-WAY ON THE SOUTH AND THE SOUTH- ERN BOUNDARY OF THE EAST /WEST ALLEY RIGHT -OF-WA Y, IN BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN AND AS TO BE RE-ESTABLlSHED IN BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE NORTH. WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman a petition by the owner of the properties abutting that portion of North Ida Avenue lying between Lot 14 of Block I of the Rouse's First Addition to the City of Bozeman on the west and Lot 22 of Block 32 of the Northern Pacific Addition to the City of Bozeman on the east and further lying between the northern boundary of the East Mendenhall Street right-of-way on the south and the southern boundary of the east/west alley right-of-way, in Block I of the Rouse's First Addition to the City of Bozeman and as to be re- established in Block 32 of the Northern Pacific Addition to the City of Bozeman on the north, requesting that said street be vacated; and WHEREAS, that portion of the street petitioned to be vacated has never been constructed; and WHEREAS, the alley running east and west between Lots 1, 2, 3, 4 and 5 north of the alley right-of-way and Lots 18, 19, 20, 21 and 22 south of the alley right-of-way in Block 32 of the Northern Pacific Addition to the City of Bozeman has been encroached on the west end by the petitioner or his predeces- sors in title; and WHEREAS, the petitioner is willing to rededicate said alley right-of-way; 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 street 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: -.------ ----- ~ __._n._ '" ~ .. Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana, subject to the re-establishment of the east/west alley in Block 32 of the Northern Pacific Addition to the City of Bozeman as previously described herein, to vacate a street, while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said street, more particularly described as follows: That portion of North Ida Avenue lying between Lot 14 of Block I of the Rouse's First Addition to the City of Bozeman on the west and Lot 22 of Block 32 of the Northern Pacific Addition to the City of Bozeman on the east and further lying between the northern boundary of the East Mendenhall Street right-of-way on the south and the southern boundary of the east/west alley right-of-way of Block I of the Rouse's First Addition to the City of Bozeman and as to be re-establ ished in Block 32 of the Northern Pacific Addition to the City of Bozeman on the north. Section 2 Notice That the City Manager of the City of Bozeman is hereby directed to cause notice of the adoption of this Resolution of intention to be served in the same man- ner that service of summons is required upon all persons who are owners of prop- erty that abuts upon the portions of the above-described street affected by the proposed vacation and to be published once in a daily newspaper of general cir- culation 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 Chambers in the City Hall Building, 411 East Main Street, Bozeman, Montana, on Monday, the 6th day of March 1989, 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 alley. - 2 - --- - ---.- -""""""'--- - .-..--- "'" .. PASSED AND ADOPTED BY THE CITY COMMISSION of the City of Bozeman at a regular session thereof held on the 13th day of February 1989. . ATTEST: R~l.~~ Clerk of the Commission City Attorney - 3 - ~ - -- --- -~-- - u. _ . .~ NOTICE IN RE COMMISSION RESOLUTION NO. 2737 OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENTION OF THE CITY COMMISSION TO VACATE AND ABANDON THAT POR- TION OF NORTH IDA AVENUE LYING BETWEEN LOT 14 OF BLOCK I OF THE ROUSE'S ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND LOT 22 OF BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN THE NOR- THERN BOUNDARY OF THE EAST MENDENHALL STREET RIGHT-OF-WAY ON THE SOUTH AND THE SOUTHERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT -OF-WA Y, IN BLOCK I OF THE ROUSE'S ADDITION TO THE CITY OF BOZEMAN AND AS TO BE RE-ESTABLlSHED IN BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE NORTH. Notice is hereby given that on the 13th day of February 1989, 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 Resolu- tion No. 2737, entitled: COMMISSION RESOLUTION NO. 2737 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTEN- TION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 14 OF BLOCK I OF THE ROUSE'S ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND LOT 22 OF BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN THE NORTHERN BOUNDARY OF THE EAST MENDENHALL STREET RIGHT-OF-WAY ON THE SOUTH AND THE SOUTH~ ERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT-OF-WAY, IN BLOCK I OF THE ROUSE'S ADDITION TO THE CITY OF BOZEMAN AND AS TO BE RE-ESTABLlSHED IN BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE NORTH. Notice is hereby further given that Monday, the 6th day of March 1989, at 7: 00 o'clock p. m. at the Commission Chambers in the City Hall Building, 411 East Main Street, Bozeman, Montana, is designated as the time and place to hear objections to the vacation of said street 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 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 13th day of February 1989. ~ eft" ( po / ~~_ , L~UL Clerk of the Commission Publish: ThurSday, February 23, 1989 ~.~ -~- , I. . , ,'~-,"" .,. ,." """'- -- -,....~"::r---'______~. . ,._~ ._--~~...,.-.........,....._.~-,.':"-- ....... -~_. ..... - ...- . , Bozeman City Police Division RETURN OF SERVICE I do hereby certify that I received a true copy of the Notice in .!3! for Commission Resolution No. 2737 of the City of Bozeman, Mon- tana, stating the intention of the City Commission to vacate that portion of North Ida Avenue lying between Lot 14 of Block I of Rouse's First Addition to the City of Bozeman on the west and Lot 22 of Block 32 of the Northern Pacific Addition to the City of Bozeman on the east, and further lying between the northern boundary of the East Mendenhall Street right-of-way on the south and the southern boundary of the east/west alley right-of-way of Block I of the Rouse's First Addition to the City of Bozeman and as to be re-established in Block 32 of the Northern Pacific Addition to the City of Bozeman on the north, and personally served the same upon James w. Vollmer , on the 23rd day of February , 1989, by delivering to him or her, personally at 411 East l1ain Street in I Gallatin County, State of Montana. . / /._-_._~- ~-~: -Y~._4~/ ~ fl. ~=--...-'r._,r"'" Ignature James w. Vollmer Print Name . . . ',"_"'/. -... -- ,..'):'-