HomeMy WebLinkAboutResolution 2772 Vacate and Abandon a Portion of McAdow Ave
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COMMISSION RESOLUTION NO. 2772
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 McADOW AVENUE LYING BETWEEN BLOCK 49 OF THE
NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON
THE WEST AND BLOCK 47 OF THE NORTHERN PACIFIC ADDI-
TION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER
LYING BETWEEN FRONT STREET ON THE NORTH AND THE NOR-
THERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT -OF-WA Y
ON THE SOUTH.
WHEREAS, there has been filed with the Clerk of the City Commission of
the City of Bozeman a petition by the owners of the properties abutting that
portion of McAdow Avenue lying between Block 49 of the Northern Pacific
Addition to the City of Bozeman on the west and Block 47 of the Northern
Pacific Addition on the east, and further lying between the southern boundary
of the Front Street right-of-way on the north and the northern boundary of the
east/west alley right-of-way on the south, requesting that said street be
vacated; and
WHEREAS, that portion of the street petitioned to be vacated has never
been constructed; 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 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, while preserving an easement
therein for any public utility to continue to maintain existing plant and
equipment in said street, more particularly described as follows:
That portion of McAdow Avenue lying within the following
metes and bounds:
Beginning at a point that is the northeast corner of Block 49,
Northern Pacific Addition; thence southeasterly a distance of
80 feet more or less to the northwest corner of Block 47 of
said addition; thence southwesterly along the east line of
McAdow Avenue a distance of 158.5 feet to the intersection of
the east line of McAdow Avenue and the northerly line of the
vacated east/west alley in said Block 47; thence northwesterly
a distance of 76 feet more or less to a point which is the
intersection of the west line of McAdow Avenue and the nor-
.
therly line of the east/ west alley in said Block 49; thence
northeasterly along the west line of McAdow Avenue a dis-
tance of 166.8 feet to the northeast corner of said Block 49,
the point of beginning.
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 of property that abuts upon the portions of the above-described street
affected by the proposed vacation and to be published once in a daily news-
paper 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 Chambers in the City Hall Bui Iding, 411 East Main
Street, Bozeman, Montana, on Monday, the 15th day of January 1990, 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.
PASSED AND ADOPTED BY THE CITY COMMISSION of the City of
Bozeman at a regular session thereof held on the 18th day of December 1989.
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ATTEST:
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Clerk of the Commission
APPROVED AS TO FORM:
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City Attorney
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NOTICE IN RE
COMMISSION RESOLUTION NO. 2772 OF THE CITY OF BOZEMAN,
MONTANA, STATING THE INTENTION OF THE CITY COMMISSION
TO VACATE AND ABANDON THAT PORTION OF McADOW AVE-
NUE LYING BETWEEN BLOCK 49 OF THE NORTHERN PACIFIC
ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND
BLOCK 47 OF THE NORTHERN PACIFIC ADDITION TO THE CITY
OF BOZEMAN ON THE EAST AND FURTHER L YI NG BETWEEN
FRONT STREET ON THE NORTH AND THE NORTHERN BOUN-
DARY OF THE EAST/WEST ALLEY RIGHT-OF-WAY ON THE
SOUTH.
Notice is hereby given that on the 18th day of December 1989, 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. 2772, entitled:
COMMISSION RESOLUTION NO. 2772
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 McADOW AVENUE LYING BETWEEN BLOCK 49 OF THE
NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON
THE WEST AND BLOCK 47 OF THE NORTHERN PACIFIC ADDI-
TION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER
LYING BETWEEN FRONT STREET ON THE NORTH AND THE
NORTHERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT-
OF-WA Y ON THE SOUTH.
Notice is hereby further given that Monday, the 15th day of January ~
1990, at 7:00 o'clock p.m. at the Commission Chambers in the City Hall Build- \
ing, 411 East Main Street, Bozeman, Montana, is designated as the time and
place to hear objections to the vacation of said street 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 18th day of December 1989.
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Clerk of the Commission t
Publish: Wednesday, January 3, 1990
un.
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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. 2772 of the City of Bozeman, Mon-
tana, stating the intention of the City Commission to vacate that portion
of McAdow Avenue lying between between Block 49 of the Northern Pacific
Addition to the City of Bozeman on the west and Block 47 of the Northern
Pacific Addition on the east, and further lying between the southern boundary
of the Front Street right-of-way on the north and the northern boundary of the
eastl west alley right-of-way on the south, and personally served the
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same upon i ()lA.A , on the 3rd day of
90 ,
January . 1989, by delivering to him or her, personally at
/z-c.1 ^ ,0 IA h411 ;q.. ( e-- in Gallatin County,
State of Montana.
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Signature
yl~~~~ 7L S'r~k.~s
Print Name
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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. 2772 of the City of Bozeman, Mon-
tana, stating the intention of the City Commission to vacate that portion
of McAdow Avenue lying between between Block 49 of the Northern Pacific
Addition to the City of Bozeman on the west and Block 47 of the Northern
Pacific Addition on the east, and further lying between the southern boundary
of the Front Street right-of-way on the north and the northern boundary of the
east/ west alley right-of-way on the south, and personally served the
same upon T'rc( C ..../ t:"V"i//i'/'e 1 I on the 3rd day
of
I
90
January , 19a-5r, by delivering to him or her, personally at
13D2.eh1(.< ,1 PG:1{,'c.t: Or..,f in Gallatin County,
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State of Montana.
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. JI Signature
.f< CLI1':"/"" 5~~ J ..'
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Print Name