HomeMy WebLinkAboutResolution 3958, Vacating a Portion of Old Highland Blvd.
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City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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~h.ll.Y Vano.-Callatin Co MT MISC 33 00
COMMISSION RESOLUTION NO. 3958
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DISCONTINUING, ABANDONING AND VACATING A PORTION
OF THE RIGHT-OF.WAY OF OLD HIGHLAND BOULEVARD AS SHOWN
ON CERTIFICATE OF SURVEY No. 2047 LOCATED IN THE EAST ONE.
HALF OF THE EAST ONE. HALF OF SECTION 18, TOWNSHIP 2 SOUTH,
RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY,
MONT ANA.
WHEREAS, a petition to vacate a portion of the street right-of-way for Old Highland Boulevard,
has been filed with the City Clerk by Bozeman Deaconess Health Services on behalf of Bozeman Deaconess
Foundation, owner ofthe property abutting the street right-of-way, as shown in Exhibit "A" attached hereto;
and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 7th day of August
2006, at its regular meeting, passed and adopted Commission Resolution No. 3936, declaring it to be the
intention of the City Commission to vacate and abandon a portion of the right-of-way of Old Highland
Boulevard as shown on Certificate of Survey No. 2047 located in the east one-half of the east one-half of
Section 18, Township 2 south, Range 6 East, Principal Meridian Montana, Gallatin County, Montana.; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily
Chronicle on September 10, 2006 and September 17, 2006, as appears on the affidavit of publication of the
publisher of said Bozeman Daily Chronicle, which is on file with the City Clerk of the City of Bozeman; and
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WHEREAS, said notice of the adoption of said Resolution has been served in the manner of the
service of summons in civil actions upon all persons whose property abuts upon the portion of the above-
described street affected by the proposed vacation, which return of service is on file with the City Clerk of
the City of Bozeman; and
WHEREAS, it is in the City's best interests to vacate the subject 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;
WHEREAS, said notIce, as published and served, designated the 25th day of September 2006 at
6:00 o'clock p.m., at the Community Room in the Gallatin County Courthouse, 311 West Main Street,
Bozeman, Montana, as the time and place for hearing objections; and
WHEREAS, no legal objections to said vacation were presented on the 25th day of September
2006, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that
meeting; and
WHEREAS, upon vacating or abandoning the street right-of-way, ownership of the abandoned
right-of-way reverts to the landowners as recorded in the County Clerk and Recorders office.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, to
_vacate the_street right-of-wa~or -'l_ portimLoLOldllighland BoulevMd,_IDore particularly described as
follows:
BEGINNING at a calculated point on the westerly Right-of-Way of Old Highland Boulevard
from which the northwest comer of said Section 18, a 1" O.D. iron pipe, bears
North 08039' 23" East a distance of 1611.86 feet;
thence South 780 12' 40" East a distance of 91.87 feet to a calculated point;
thence South 000 03' 26" West a distance of 6.53 feet to a calculated point;
thence south a distance of 163.94 feet along a non-tangential curve concave east having a
radius of 396.34 feet, a central angle of 230 42' 00", a chord bearing of South 110 49' 18" East
and a chord length of 162.78 feet to a found Morrison-Maierle yellow plastic cap;
thence southeast a distance of 201.26 feet along a non-tangential curve concave southwest
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I Sheli.y VanO.-Gailatin Co MT MISC 33 00
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having a radius of 486.34 feet, a central angle of 23042' 37", a chord bearing of
South 11048' 19" East and a chord length of 199.82 feet to a found Morrison-Maierle
yellow plastic cap; thence South 00003' 40" West a distance of 235.59 feet to a Morrison-Maierle
yellow plastic cap; thence south a distance of 71.93 feet along a non-tangential curve concave east
having a radius of 150.94 feet, a central angle of270 18' 11 ", a chord bearing of South 13036' 31" East
and a chord length of 71.25 feet to a Morrison-Maierle yellow plastic cap;
thence South 03026' 15" West a distance of 187.72 feet to a 5/8" Rebar;
thence north a distance of 107.76 feet along a non-tangential curve concave west
having a radius of 150.94 feet, a central angle of 40054' 16", a chord bearing
of North 20022' 51" West and a chord length of 105.48 feet to a calculated point;
thence northwest a distance of 172.05 feet along a non-tangential curve concave
northeast having a radius of 240.93 feet, a central angle of 400 54' 51", a chord
bearing of North 200 24' 44" West and a chord length of 168.41 feet to a found
Morrison-Maierle yellow plastic cap; thence North 00002' 38" East a distance of 235.60 feet to a to a
found Morrison-Maierle yellow plastic cap; thence north a distance of 163.98 feet along a non-tangential
curve concave west having a radius of 396.26 feet, a central angle of 23042' 37", a chord bearing of
North 11048' 24" West and a chord length of 162.81 feet to a calculated point;
thence northwest a distance of 201.20 feet along a non-tangential curve concave
northeast having a radius of 486.34 feet, a central angle of 23042' 11", a chord
bearing of North 11047' 39" West and a chord length of 199.77 feet to a calculated point;
thence North 000 03' 26" East a distance of 25.21 feet to the Point of Beginning
containing 1.603 acres, more or less.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 2nd day of October, 2006.
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JEFFREY K. KRAUSS, Mayor
AS TO FORM:
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Sheli.y Vano.-Qallatin Co MT MISC.~3 00