HomeMy WebLinkAboutResolution 3959 Vacating ROW for E-W Alley Block 51 NP Add
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Sh.~e2'. Va~~Gal~t in~~ I'IT MI~C 21 00 11/29/2006 01 05P
City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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COMMISSION RESOLUTION NO. 3959
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 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.
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 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
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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 as recorded in the County Clerk and Recorders office.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of 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, lying between the east line of Ida Avenue and the west line of the north-
south alley in said Block 51.
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.
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J . ~USS, Mayor
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Shelley Vanee-Gallatin Co MT MISC 21 00
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APPROVED AS TO FORM:
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Shelley Vanee-Gallat in Co MT MISC 21 .00