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HomeMy WebLinkAboutResolution 2837 Intent to vacate South 7th Avenue, Cleveland to West Grant Sts. --..-.....-:--. ._~_.~ ~. - . . COMMISSION RESOLUTION NO. 2837 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE I NTEN- TION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF THE SOUTH 7TH AVENUE RIGHT-OF-WAY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF WEST CLEVELAND STREET AND THE NORTH RIGHT-OF-WAY LINE OF WEST GRANT STREET. WHEREAS, there has been fi led with the Clerk of the City Commission of the City of Bozeman a petition by Montana State University, owner of the prop- erty abutting that portion of South 7th Avenue lying between the south right- of-way line of West Cleveland Street and the north right-of-way line of West Grant Street be vacated; and WHEREAS, it appears to the City Commission that the subject portion of South 7th Avenue 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 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. 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 street right-of-way, while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said street right-of-way, more particularly described as fol- lows: That portion of the South 7th Avenue right-of-way lying be- tween the south right-of-way line of West Cleveland Street and the north right-of-way line of West Grant Street. 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 own- ers of property that abu ts upon the portion of the above-described street right-of-way affected by the proposed vacation and to be published once in a .---....-...-..---.- _....._n__ - --- ~. - - . 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 City Hall Bui Iding, 411 East Main Street, Bozeman, Montana, on Monday, the 15th day of July 1991, at the hour of 7: 00 p. m. of said day is the time and place where and when the City Com- mission 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 at a regular session thereof held on the 24th day of June 1991. ATTEST: (i~J 1IJ~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: . .....) ....) . // ~~ // c::: / L c:?) ~. /7f:<2 l/~ . BRUCE €:-- BE KER ... City Attorney . . - 2 - -- ----. -..----..-- . . NOTICE IN RE COMMISSION RESOLUTION NO. 2837 OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENTION OF THE CITY COMMISSION TO VACATE AND ABANDON THAT PORTION OF THE SOUTH 7TH AVENUE RIGHT -OF-WA Y LYING BETWEEN THE SOUTH RIGHT-OF-WA Y LINE OF WEST CLEVELAND STREET AND THE NORTH RIGHT-OF-WAY LI NE OF WEST GRANT STREET. Notice is hereby given that on the 24th day of June 1991, 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. 2837, entitled: COMMISSION RESOLUTION NO. 2837 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 THE SOUTH 7TH AVENUE RIGHT-OF-WAY LYING BETWEEN THE SOUTH RI GHT -OF-WA Y LINE OF WEST CLEVELAND STREET AND THE NORTH RIGHT-OF-WAY LINE OF WEST GRANT STREET. Notice is hereby further given that Monday, the 15th day of July 1991, at 7:00 o'clock p.m. at the Commission Room in the City Hall Building. 411 East Main Street, Bozeman, Montana, is designated as the time and place to hear ob- "h '. jections to the vacation of said 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 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 24th day of June 1991. /) /J (lil: ...: ~,:~ R BIN L. SULLIVAN Clerk of the Commission Publish: Wednesday, July 3. 1991 ~, . ----..- -. .,,---.---- . . 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. 2837 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate that portion of the South 7th Avenue right-of-way lying between the south right-of-way line of West Cleveland Street and the north right-of-way line of West Grant Street, and personally served the same upon , on the day of July 1991 , by delivering to him or her, personally at in Gallatin County, State of Montana. ( J Signature Print Name - ..--..--...---. -...". -.-- . , . Bozeman City Police Division RETURN OF SERVICE I do hereby certi fy that I received a true copy of the Notice in Re for Commission Resolution No. 2837 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate that portion of the South 7th Avenue right-of-way lying between the south right-of-way line of West Cleveland Street and the north right-of-way line of West Grant Street, and personally served the same upon ~ LL \2osE , on the 5 day of July 1991 , by del ivering to him or her, personally at A;1S.LA \7+1~SIGAL ~T in Gallatin County, State of Montana. J!i(&AA ~ Sig ature MM-n~ Kb10T Print Name - - --.--..-.-- ---