HomeMy WebLinkAboutResolution 3959, Vacating Right-of-Way for East-West Alley in Block 51 of the N. Pacific Addition
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City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
COMMISSION RESOLUTION NO. 3959
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND
VACATING THAT PORTION OF THE RIGHT-OF-WAY FOR THE
EAST-WEST ALLEY IN BLOCK 51, NORTHERN PACIFIC ADDmON,
LYING BETWEEN THE EAST LINE OF IDA A VENUE AND THE
WEST LINE OF THE NORTH-SOUTH ALLEY IN SAID BLOCK 51, IN
THE CITY OF BOZEMAN, MONTANA.
WHEREAS, a petition to vacate the alley right-of-way for the east-west alley in Block 51,
Northern Pacific Addition, has been filed with the City Clerk by Daniel Ruggles for Stephen B.
Carlson, owner of the property abutting the alley 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. 3935, declaring
it to be the intention of the City Commission to vacate and abandon that portion of the right-of-way
for the east-west alley in Block 51, Northern Pacific Addition, lying between the east line of Ida
Avenue and the west line of the north-south alley in said Block 51, in the City of Bozeman,
Montana.; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
Daily Chronicle on September 10 and 17, 2006, as appears on the affidavit of publiCation of the
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publisher of said Bozeman Daily Chronicle, which is on file with the City Clerk of the City of
Bozeman; and
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, 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, 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, upon vacating or abandoning the right-of-way, ownership of the abandoned
right.,of-way reverts to the landowners ao;;-recorded--in- the County Clerk and Recorders office.
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
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Bozeman, Montana: to vacate the alley right-of-way for the east-west alley in Block 51, Northern
Pacific Addition, more particularly described as follows:
All that portion of the east-west alley in Block 51, Northern Pacific Addition to
the City of Bozeman, I ying between the east line of Ida A venue and the west line
of the north-south alley in said Block 51.
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The vacation shall not affect any existing rights-of-way or easements of any property owners or the
right of any public utility to continue to maintain existing plant and equipment in the street rights-of-
way.
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.
ATTEST:
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JE. ~AUSS, Mayor
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APPROVED AS TO FORM:
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