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HomeMy WebLinkAboutResolution 2826 Intent to vacate 30' access strip, Country Classic Dairies dba Darigold .-.-.---.-..-. ...._._-~._._-_._._.,,_..._-_."'..,,~_.... ..-.-.--.- -.. .'- .. .-. . ..._-~ --.-.-....--- . ... COMMISSION RESOLUTION NO. 2826 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 3D-FOOT-WI DE LOCAL ACCESS STRIP COMMONLY REFERRED TO AS A SERVI CE DRIVE LYING BETWEEN LOTS 1, 2, 3 AND A PORTION OF LOT 4, BLOCK 3, DURSTON'S SECOND ADDITION TO THE CITY OF BOZEMAN, AND THE WEST RIGHT-OF-WAY LINE OF NORTH SEVENTH AVENUE, AND FURTHER EXTENDING FROM THE NORTH RIGHT-OF-WAY LINE OF WEST JUNIPER STREET NORTH FOR A DISTANCE OF 280 FEET TO APPROXIMATELY THE SOUTH RIGHT-OF-WAY LINE OF WEST HEMLOCK STREET EXTENDED. WHEREAS, there has been fi led with the Clerk of the City Commission of the City of Bozeman a petition by Country Classic Dairies, Inc., dba Darigold, owner of the property abutting that portion of the 3D-foot-wide loca I access strip lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston's Second Addition and the west right-of-way line of North Seventh Avenue, and further extending from the north right-of-way line of West Juniper Street north for a distance of 280 feet to approximately the south right-of-way line of West Hemlock Street extended, requesting that said local access strip be vacated; and WHEREAS, it appears to the City Commission that the local access strip can be vacated without detriment to the publ ic 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 local access strip 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 local access strip. 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 local access strip, while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said local access strip, more particularly described as follows: That portion of the 3D-foot-wide local access strip commonly referred to as a service drive lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston's Second addition to the City of Bozeman, and the west right-of-way line of North Seventh Avenue, and further extending from the north right-of-way line of West Juniper Street north for a distance of 280 feet to approximately the south right-of-way line of West Hemlock Street extended; - and that all of the aforedescribed 30-foot-wide strip shall revert to the ownership of Country Classic Dairies, Inc. Section 2 Not ice 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 of property that abuts upon the portion of the above-described local access strip 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 City Hall Sui Iding, 411 East Main Street, Bozeman, Montana, on Monday, the 15th day of Apri I 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 local access strip. PASSED AND ADOPTED BY THE CITY COMMISSION of the City of J Bozeman at a regular session thereof held on the 1 st day of Apri I 1991. .: R~;(4. Mayor ATTEST: ~Ltu~ Clerk of the Commission \ .. ~ 2 - ._..,._.....u....__._ .... -...---- -..-.-- . NOTICE IN RE COMMISSION RESOLUTION NO. 2826 OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENTION OF THE CITY COMMISSION TO VACATE AND ABANDON THAT PORTION OF THE 30-FOOT-WIDE LOCAL ACCESS STRIP COMMONLY REFERRED TO AS A SERVICE DRIVE LYING BETWEEN LOTS 1 , 2. 3 AND A PORTION OF LOT 4, BLOCK 3, DURSTON'S SECOND ADDITION TO THE CITY OF BOZEMAN, AND THE WEST RIGHT-OF-WAY LINE OF NORTH SEVENTH AVENUE, AND FURTHER EXTENDING FROM THE NORTH RIGHT-OF-WAY LINE OF WEST JUNIPER STREET NORTH FOR A DISTANCE OF 280 FEET TO APPROXIMATEL Y THE SOUTH RIGHT-OF-WAY LINE OF WEST HEMLOCK STREET EXTENDED. Notice is hereby given that on the 1 st day of Apri I 1991, at the reg- ular meeting of the City Commission of the City of Bozeman, Montana, the said City Commission duly and regularly passed and adopted Commission Resolution No. 2826, entitled: COMMISSION RESOLUTION NO. 2826 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 POR- TION OF THE 30-FOOT-WIDE LOCAL ACCESS STRIP COMMONLY REFERRED TO AS A SERVICE DRIVE LYING BETWEEN LOTS 1, 2, 3 AND A PORTION OF LOT 4, BLOCK 3, DURSTON'S SECOND ADDITION TO THE CITY OF BOZEMAN, AND THE WEST RIGHT-OF-WAY LINE OF NORTH SEVENTH AVENUE, AND FURTHER EXTENDING FROM THE NORTH RIGHT-OF-WAY LINE OF WEST JUNIPER STREET NORTH FOR A DISTANCE OF 280 FEET TO APPROXIMATELY THE SOUTH RIGHT-OF-WAY LINE OF WEST HEMLOCK STREET EXTENDED. Notice is hereby further given that Monday, the 15th day of April, 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- jections to the vacation of said local access strip 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 1 st day of Apri I 1991. (iF J Ju~ R IN L. SULLIVAN Clerk of the Commission Publish: Wednesday, April 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. 2826 of the City of Bozeman, Montana, stating the intention of the City Commission to vacate that portion of the 3D-foot-wide local access strip lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston's Second Addition and the west right-of-way I ine of North Seventh Avenue, and further extending from the north right-of-way I ine of West Juniper Street north for a distance of 28D feet to approximately the south right-of-way line of West Hemlock Street extended, and personally served the same upon /tL ~ 1 .I1ft/' ..' 'i., , on the, day of Apri I 1991, by delivering . him or her, personally at {)7~~ - /!iJt'~ in Gallatin County, State of Montana. (/ 41//r.Ki".' l/ If, .LES:;U;/ ./ PY'int Name --.....-- ..~~ .' .t, 1\\'\:1'- I' . __ __ _._' .. ..- t ._ I 'S ,p' - . i;~.(;;" V..<<l.., . - .,. , ~,ur,'l L\ae. . ,. 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