HomeMy WebLinkAboutResolution 2826 Intent to vacate 30' access strip, Country Classic Dairies dba Darigold
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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
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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
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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. 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
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