HomeMy WebLinkAboutResolution 2678 Intent to vacate portion of Willson - Hospital: 10-05-87
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COMMISSION RESOLUTION NO. 2678
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 A
3-FOOT WIDE BY 42.63-FOOT LONG PORTION OF THE
RIGHT-OF-WAY LOCATED ALONG THE EAST SIDE OF NORTH
WILLSON AVENUE BETWEEN WEST LAMME STREET AND WEST
BEALL STREET IN THE CITY OF BOZEMAN, MONTANA, AND
PRESERVING PUBLIC EASEMENTS.
WHEREAS, there has been filed with the Clerk of the City Commission of
the City of Bozeman a petition by the owner of the property abutting on a por-
tion of North Willson Avenue between West Lamme Street and West Beall Street
in the City of Bozeman, requesting that a portion of said street right-of-way be
vacated; 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 portion of the
street 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 and provided that a public easement to use the side-
walks located in said portion of the right-of-way being sought to be vacated be
preserved by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN:
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 a street right-of-way, while preser-
ving an easement therein for any public utility to continue to maintain existing
plant and equipment in said street and preserve an easement in the public right-
of-way to use the sidewalk located therein, more particularly described as fol-
lows:
A portion of North Willson Avenue located in the northwest
one-quarter of Section 7, Township 2 South, Range 6 East,
Principal Meridian Montana, City of Bozeman. Gallatin County,
Montana, and being further described as follows:
Beginning at a point on the west line of Block A of Tracy's
Third Addition which bears north 00019'34" west a distance of
70.05 feet from the southwest corner of said Block A. Thence
south 89048'58" west a distance of 3.00 feet. Thence north
00019'34" west a distance of 42.63 feet. Thence north
89048'58" east a distance of 3.00 feet. Thence south
00019134" east a distance of 42.63 feet to the point of be-
ginning.
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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 right-of-way
affected by the proposed vacation and to be published once in a daily newspaper
of general circulation in the City of Bozeman, which notices 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 19th day of October 1987, 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 right-of-way. .
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PASSED AND ADOPTED BY THE CITY COMMISSION of the City of
Bozeman at a regular session thereof held on the 5th day of October 1987.
~/Q~ A-. M~
J ' A. MATHRE, Mayor
ATTEST:
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Clerk of the Commission
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City Attorney
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NOTICE IN RE
COMMISSION RESOLUTION NO. 2678 OF THE CITY OF
BOZEMAN, MONTANA, STATING THE INTENTION OF THE
CITY COMMISSION TO VACATE AND ABANDON A 3-FOOT
SIDE BY 42.63-FOOT LONG PORTION OF RIGHT-OF-WAY
LOCATED ALONG THE EAST SIDE OF NORTH WILLSON
AVENUE BETWEEN WEST LAMME STREET AND WEST BEALL
STREET I N THE CITY OF BOZEMAN, MONTANA, AND
PRESERVING PUBLIC EASEMENTS.
Notice is hereby given that on the 5th day of October 1987, 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. 2678, entitled:
COMMISSION RESOLUTION NO. 2678
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONT ANA, DECLARING IT TO BE THE I NTEN-
TION OF SAID COMMISSION TO VACATE AND ABANDON A
3-FOOT WIDE BY 42.63-FOOT LONG PORTION OF THE
RIGHT-OF-WAY LOCATED ALONG THE EAST SIDE OF NORTH
WILLSON AVENUE BETWEEN WEST LAMME STREET AND WEST
BEALL STREET IN THE CITY OF BOZEMAN, MONTANA, AND
PRESERVING PUBLIC EASEMENTS.
Notice is hereby further given that Monday, the 19th day of October 1987, 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 portion of the street right-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 5th day of October 1987.
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Clerk of the Commission
Publish: Wednesday, October 7, 1987
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BozemQn
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DeQconess HospitQI
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915 Highland Boulevard
Bozeman, Montana 59715
(406) 585.5000
August 3, 1987
Bozeman City Commission
City Offices
Bozeman, MT 59715
Dear Commission Members:
I am writing concerning the land that Bozeman Deaconess Foundation owns
at 15 West Lamme Street.
As you are aware, we are in
the process of selling a portion
of this
property to an investor who will find alternative uses
for the two old
hospital buildings.
While preparing the necessary survey
information, it has come to
our
attention that a portion of the 1944 building was constructed beyond our
property line. This apparently was
done many years ago when
the
Intensive Care Unit was added to the old hospital building.
As owners of the building, we are requesting that the City proceed with
the vacation process for an additional
strip of land to eliminate
the
building encroachment along Willson Avenue.
Along with the vacation
process, we request an encroachment permit for the building overhang and
we would grant an easement for that
portion of the public sidewalks
within the area to be vacated.
I have attached a description of the property that needs
to be vacated
along Willson Avenue, and also a drawing showing
the area in question.
On behalf of Bozeman Deaconess Foundation,
I respectfully request the
assistance of the City in rectifying the encroachment problem.
Sincerely,
~ K
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Gary Kenne .
Administrator
GK/jlw
Enclosure
cc: Mr. Ron Allen
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ALLEN and ASSOCIATES
.,...,~- Land Surveyors
1609 West Babcock Suite F . Bozeman, Montana 59715
. (406) 586-3840
August 3, 1987
Bozeman Deaconess Foundation
915 Highland Blvd.
Bozeman, Montana 59715
Re: Vacation of portion of Willson Ave.
On behalf of Foundation Capital Corporation, I
requested that a
portion of Willson Avenue between Lamme and Beall be vacated.
See
my letter dated July 10, 1987.
The enclosed description is on a 3 foot by 42+
foot parcel on the
East side of Willson Avenue. previously 2 foot was vacated off of
the East side of Willson Aveune
(1968) . Please see enclosed
exhibit and description of area to
be vacated. For further
explanation of this request please
see subdivision submittal,
dated July 10, 1987 (item 3 City County Planning Staff).
According to my discussion with
Mr. Kenner today, I need the
Bozeman Deaconess Foundation to
request a vacation of Willson
Avenue from the City Commission.
Best Regards,
~ 4{q/L
cc Foundation Capital Corporation
City Planning Staff
City Commission ./
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ALLEN and ASSOCIATES
, .-.-....... Land Surveyors
1609 West Babcock Suite F . Bozeman. Montana 59715
. (406) 586-3840
July 10, 1987
Bozeman City-County Planning Board
Bozeman, Montana 59715
Re: Amended Subdivision Plat of Block A of Tracy's 3rd Addition
Dear Planning Staff,
Please accept this Preliminary plat Application for
the proposed
Amended Subdivision Plat of
Block A of Tracy's 3rd Addition or
better known as the Old Bozeman Deaconess Hospital,
located at 15
West Lamme Street. Enclosed
are copies of the Preliminary Plat
and related information.
There are several items to
be addressed, which are further
described as follows:
1) In .response to item 1
of the Preapplication Review, we
request a waiver of the Environmental
Assessment and Community
Impact Statement. Due to the developed nature of the
site.
2) In response to items 4 and
5 of the Preapplication Review,
additional land will be dedicated to the city along the west and
east sides of the block to eliminate the sidewalk
encroachments.
( See the Preliminary Plat ) .
3 ) In response to item 6 of the Preapplication
Review, we would
like to procede with the vacation process for an additional
strip
of land to eliminate the building encroachment along Willson Ave.
Along with the vacation process,
we request an encroachment
permit for the building overhang and we would grant an easement
for that portion of the public
sidewalks within the area to be
vacated. Please furnish copies
of vacation and encroachment
applications if available. We
are submitting a copy
of the
description of the land to be vacated.
4) In response to item 3
of the preapplication Review, the
developer is aware that
adequate off-street parking for the
proposed residences will be required.
The plans for Parking and
Landscaping review will be
submitted with the building permit
application.
5) As per Section 16.26
of the Bozeman Area Subdivision
Regulations, we would like to request that your
staff prepare the
Subdivision Improvements Agreement for the required improvements.
Additional information as
required by the Bozeman
Area
Subdivision Regulations is attached.
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Please review this preliminary Plan and advise us as to whether
the plans and data meet the objectives of the Bozeman City-County
Subdivision Regulations. Please contact us if
we may be of
further assistance.
Best Regards,
Ronald,W. Allen
I
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DETAIL "A" oW
NO SCALE '.~
IV'lro
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THIS AREA DEDICATED
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4.78
f"ND. CONC NAIL.
FND SO HEAD SPIKE, I
026' S. OF L.INE
396 SQ. FT.
THIS AREA
REDEDICATED
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BACK EDGE E. UN E OF PORTION
SIDEWALK TO BE DEDICATED
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6.4-7
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- BUILDING
--D WALLS
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W. LINE OF
Ii. LI NE OF ORIGINAL BLOCK
"A"
VACATED PORTION
OF STREET BY
ORDINANCE NO. 867.
RECOR DE D, ON
FILM " PAGE 6'
FND. ~/8.' RE8A"
_ _ _S890~7' ~2"W
5 89039' 04"W .s 890 39' 04' W
I. 60 0.40
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DESCIUPTION
WILLSON AVENUE (PORTION TO BE VACATED)
A PORTION OF WILLSON AVENUE LOCATED IN THE NORTHWEST ONE-QUARTER
OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN
MONTANA, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA AND BEING
FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF BLOCK A OF TRACY'S THIRD
ADDITION WHICH BEARS NORTH 00-19-34 WEST A DISTANCE OF 70.05 FEET
FROM THE SOUTHWEST CORNER OF SAID BLOCK A. THENCE SOUTH 89-48-58
; WEST A DISTANCE OF 3.00 FEET.
THENCE NOR'rH 00-19-34 WEST A
DISTANCE OF 42.63 FEET. THENCE NORTH 89-48-58 EAST A DISTANCE OF
3.00 FEET. THENCE SOUTH 00-19-34 EAST A DISTANCE OF 42.63 FEET TO
THE POINT OF BEGINNING.
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September 24, 1987
TO~ Robin Sullivan, Clerk of the Commission
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RE: Willson Avenue Vacation
Bozeman Deaconess Foundation
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I have reviewed the attached street right-of-way vacation
description and take no exception to it. However, I would
lIke to point out that the vacation description includes
right-of-way that 15 to be dedicated with the plat which
received preliminary approval earlier. I recommend that the
vacation process be started now, but the final vacation
resolution be processed only simultaneously with, or after,
the filing of the final plat.
If I can be of any further assistance, please feel free to
c:ont.<,;\.ct mE~.
c t:: ::
Richard C. Holmes. Director of Public Service
F'l ,;'~nn:i, rig
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Bozeman City Police Division
RETURN OF SERVICE
I do hereby certify that I received a true copy of the Notice in
Re for Commission Resolution No. 2678 of the City of Bozeman, Mon-
tana, stating the intention of the City Commission to vacate a 3-foot
wide by 42. 63-foot long portion of the right-of-way located along the
east side of North Willson Avenue between West Lamme Street and West
Beall Street in the City of Bozeman, Montana, whi Ie preserving ease-
ments for public utilities and sidewalks, and personally served the same
upon /:;-/4vy .X>~/V"Vf(/" , on the 7 ~ day of
{3c4- , 1987 '~.. Y deliver. ing to. him or her, personally at
i3{)zFfVt ~~,,-' l).t~cOI--Y~~ tJvt/4'Jllt.. in Gallatin County,
,
State of Montana.
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