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HomeMy WebLinkAboutResolution 2859 Intent to vacate Fryslie Street ~. ...- --~ COMMISSION RESOLUTION NO. 2859 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 THAT PORTION OF FRYSLlE STREET ADJACENT TO LOTS 21, 22, 23, 24, 25, 26, 27, 28, 29 AND 30 OF THE AMENDED SUBDIVISION PLAT OF BLOCK 9, FIGGINS ADDITION, PHASE I. WHEREAS, there has been filed with the Clerk of the City Commission of the City at Bozeman a petition by Eugene Graf, III, President at the Bon Ton Inc., of Billings, owner of the property abutting that portion of the Fryslie Street right-at-way lying north and west of a line extending from the northwest corner of Lot 31 to the northeast corner of Lot 20, both ot the Amended Subdivision Plat at Block 9, Figgins, Phase I; and WHEREAS, it appears to the City Commission that the subject portion of Fryslie Street right-at-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 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. 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 street right-of-way, while preserving any easement therein for any public utility to continue to maintain existing plant and equipment in said street right- of-way, more particularly described as follows: That portion of the Fryslie Street right-of-way lying adjacent to Lots 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 at the Amended Subdivision Plat of Block 9, Figgins Addition, Phase I. 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 manner that service of summons is required upon all persons who are owners or purchasers under contracts for -- .-- .-- --- -- .-. ____n..__.___.__._._..._. __ .._.__.__._... _..._ .__~ _.___...______.__u. _.._ ..:. . "- deed of property that abuts upon the portion 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 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 18th day of May 1992, 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. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of May 1992. ATTEST: A ~~J~~ . ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: , - 2 - .~ -...---..-- State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Notice in Re for Commission Resolution No. 2859 was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 7th day of May 1992, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office. ~/~ R . SULLIVAN Clerk of the Commission - 3 - --.". . . NOTICE IN RE COMMISSION RESOLUTION NO. 2859 OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENTION TO VACATE AND ABONDON THAT PORTION OF THE FRYSLlE STREET RIGHT~OF-WAV L VING ADJACENT TO LOTS 21, 22, 23, 24, 25, 26, 27, 28, 29 AND 30 OF THE AMENDED SUBDIVISION PLAT OF BLOCK 9, FIGGINS ADDITION, PHASE IIN THE CITY OF BOZEMAN. NOTICE IS HEREBY GIVEN that on the 4th day of May 1992, 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 Resolution No. 2859, entitled: COMMISSION RESOLUTION NO. 2859 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF FRYSLlE STREET ADJACENT TO LOTS 21, 22, 23, 24, 25, 26, 27, 28, 29 AND 30 OF THE AMENDED SUBDIVISION PLAT OF BLOCK 9, FIGGINS ADDITION, PHASE I. NOTICE IS HEREBY FURTHER GIVEN that Monday, the 18th day of May 1992, 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 said street right-at-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 ot 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 Seetin 7-3-4448, M.C.A. DATED this 4th day of May 1992. ~12 sc!:v~ Clerk of the Commission Legal Ad Publish: Wednesday, May 6, 1992 fA. . . ... --..--...... ..-. G-7 _,~_~__~_~ __~_~ _~. __~___~~_~ _ ~__ __~~,~~~'__~.'~ ~..~ ~._', r"~ _~_~...............~. - 0 0 0 0 0 0 to 0 0 ,... an 0 0 , q rt) ~ , . t ...... l- · H 'J..............;: no no.., t:;"i" ': ~ '7'::" i tr) , -~ 2300 ... , , ... .., I\a I . 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