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HomeMy WebLinkAboutResolution 4028 Street Vacation Request for Portion of East Lamme Street COMMISSION RESOLUTION NO.4028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE A PORTION OF THE RIGHT-OF-WAY OF E. LAMME STREET FROM THE EAST LINE OF BROADWAY TO A POINT APPROXIMATELY 120.6 FEET EAST OF THE EAST LINE OF BROADWAY, LOCATED BETWEEN BLOCK 33 AND BLOCK 41, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, IN THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, a petition to vacate a portion of the street right-of-way for E. Lamme Street, has been filed with the City Clerk by Paul N. Bockus, owner of property abutting the street right-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject street right-of-way can be vacated without detriment to the public 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 right-of-way 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 right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 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 the street right-of-way for a portion of E. Lamme Street, more particularly described as follows: BEGINNING at the southwest corner of Block 41, Northern Pacific Addition to the City of Bozemal) Gallatin County, Montana; thence easterly along the south line of said Block 41 a distance of 120.6 feet more or less to the approximate westerly limit of the portion of Lamme Street vacated by Ordinance No. 148; thence southerly along said westerly limit the portion of Lamme Street vacated by Ordinance No. 148 a distance of 61.96 feet more or less to a point on the rorth line of Block 33 of said Northern Pacific Addition; thence westerly along said north line of Block 33 a distance of 120.6 feet more or less to the easterly line of Broadway; thence northerly along said easterly line of Broadway a distance of 61.96 feet more or less to the Point of Beginning, containing 0.17 acres, more or less. The vacation shall not affect any existing rights-ot-way or easements ot any property owners or the right ot any public utility to continue to maintain existing plant an:l equipment in the street right-ot-way. Section 2 Notice That the City Clerk ot the City ot Bozeman is hereby directed to publish notice in Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the affected property owners, which notice shall state the time and place at which objections will be heard. Section 3 Time tor Objections That the regular session ot the City Commission ot the City ot Bozeman to be held at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, on Monday, the 16th day ot July 2007, at the hour of 6:00 p.m. ot said day is the time and place where and when the City Commission will hear all objectiors to the vacating ot said street right-ot-way. PASSED AND ADOPTED by the City Commission otthe City ot Bozeman, Montana, at a regular session thereot held on the 18th day ot June, 2007. ......--... .~ ~tLt."'.~ K. RAUSS, Mayor -~"""--.. . --~'~.-..:. BRIT FONTENO - - ..' ~ "- City Clerk ~~----- . NOTICE OF INTENT TO VACATE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 18th day of June 2007, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 4028, entitled: COMMISSION RESOLUTION NO. 4028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE A PORTION OF THE RIGHT-OF-WAY OF E. LAMME STREET FROM THE EAST LINE OF BROADWAY TO A POINT APPROXIMATELY 120.6 FEET EAST OF THE EAST LINE OF BROADWAY, LOCATED BETWEEN BLOCK 33 AND BLOCK 41, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, IN THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 16th day of July 2007, at 6:00 p.m. at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, is designated as the time and place to hear objections to the vacation of the street right-of-way more particularly described in the Resolution of Intention, and is the time and place for any person whose property abuts upon the portion of the street rights-of-way affected by the proposed vacation to appear and object, if they wish to do so. DATED this 19th day of June 2007. City Clerk Legal Ad Publish: Sunday, June 24, 2007 Sunday, July 1, 2007 I / / 70' -- -- -- -- -1 -- -- LAMME STREET -- -- -- -- -- I / / / / / / / / / / / / 70' )-. ~ G 6 ct" en (0 0) / ' / so- I / / eU<' 4-' ,t>DO\1\O~ / / / t-\oR, p/J>,.C, // so- / i / L /! / , ./7 y---" i'~((6>/ ~J! -/- - - /- - , /., i / " ,:"'::::"':>~::/~ml!'M ~~/ STR E ET / (VACATE?) '. ' / /:;, / ,f J---APPROXIMATE W'LY LINE of VACATED LAMME STREET /, PURSyANT TO ORDINANCjt NO. 148 L-r---+------ ! / J:::; / .~ ~ /OCI / ~!V / a:: /<) u:r;t /~ '-' :~ Z /0 i= 'f' / ~ ~ ':l / ~"f" [jcf / ~ ,~ / t-.. ,ew ~ / f;? / ~Q2 / ~"f" / ~ / ~ / g / Q,"f" / ct / .fI / 9} / ~ / / / / / / / / / / / '- / (0 " / I --I / / / / r -f /' ~ / ,. ~ ' a /./ _ "f"_ ---1/ ()' Q."f" /. {)::' / f-17 ;; ,,' / ~' -~--; _-+---1 / ! 1" =50' SCALE l"f' ", j- STREET TO BE VACATED / ...EXl::il..BJ. PROPOSED STREET VACATION CITY ENGINEERING OFFICE 6/07/07 1. ~'. 1- . ~. ~ I I! \ I " ~.-,. ." I '. . \ I ' \ \._",', , t ~ r:;.~ (l \\ '\ :. I~_~___' ,\~ \ i.. II \~.:>~-- ~ :,'A1pl'LICATJOi\ FOR 'n \\r .. "MI .' \ "\ r<X\ ';:, :.J"' .S:!J1fJ' TlALLEY Y/\CATJOi'\ \ ""eD''; ~- V ....",~..IIf., . tim~:~~'w' , U L It) I)(){' I'\(--1 S ApJ)licant'sAddress: d()02 It). 8rr>nch~(~/ (!nZP(J)Q/)/ /)7T'S97/5 Applicant's Telephone Number: ~7- 70.)/ I.:l)h -57.30 . "-...J \J '-- ~'-' -.- ;;;'1"1(----'--" ".'''''~ !l,r)(1{ {;)Pc( 5'dJ - J-J60 2. 3. 4. Name and written description of strceUalley or part lhereofto be vacated: EeL. Yf (:>f7 rJ () -r- IO.ff1fl'1.L-0..L=-h.e 77J2 f' /) A)J/-f)'l JJ.caulLbl/ Q /){l f?n (' L f?nud._/.Lrr/C:'{'1 ;:~>/) nf/'icM_ ' I / 5. Map/Diagram of proposed vacation showing the follo\\ ing: a. Location in city; b. Street/Alley proposed to be vacated; c. Applicant's property; d. Other adjaccnt property owners; e. Location of utilities; and f Buildings/Fixtures adjacent. 6. Names and addresses oflundowners adjueent to the strec:t/alley to be vacated: NaillI.' f2CCJ.L J. f'J1J{Llhl-((J.) Address r~OJ A) -Orrnclt. Y: \ I !3 J7r/lk /) ;.IV)) / 777 F 171(;(;' /') \)/. j 3L) I (>/17 (, /) /JV in (T\/ jJ(?f2r:5n/j I f3~ 15 F 1 fO;" ( ~)() \/ :l5c-Jn (or I'll/en 1\ rf r, ~n!3 - ~ IT\(i [.1)n(lh.,I.fC.J 7r:,fJ I I ' 7. ATTACH SIGNED CONSENT LETTERS FROM EACH ADJACENT LANDOWNER. 8. Is street/alley improved? '{ES @ (circle one). 9. Attach statement from utility companic~ indicating whether they consent, consent with conditions and slating conditions, or object to proposed v,lcalion. 10. Attach title report showing all owncrship interests and easements in property abutting the proposed vacation. 11. Non-refundable Application Fee [or simple street/alley vacations: Public Service S 60.00 City Clerk S 75.00 Police S 25.00 Fire S 25.00 ,.' , ,. F Planning S 10.00 S 195.00 12. Non-refunduble Application Fec for complex street/alley vacation: Actual cost + 10% Director of Public Scrvice shall have the sole discretion in determining whethcr the proposcd vacation is simple or complex_ SulHllission or AJ1fllk3tiOIl For Stn.'clfAllrr VJlcf\t1on with Rppropriate' rcc.\ in no W~). (lbliJ.:.a1\:~ Ihe Cicy to \'lIl:::J.lc uli..l :Urcct t1r alle,)'j' (he City COll1l1lissloll will ultilllatC'I)' decitle whether th~ SlI'rcl/AlleyVanliofl enn be dOlle \\ilhoUl detriment lo lhe public: j,Hr:rcst, , , .~. .~. '-." n.._ _.............,-~~._,----._,-~._ r____._ ~--~-.~---" ,-- y--~~............,._,. CONSENT FOR VACATION OF EAST END OF LAMME STREET, BOZEMAN, MONTANA. I I we 16. fA L AJ. DOc/itA.), owner of the property contiguous to the llOlih of the east end of La111me Street, do hereby consent to the City of Bozeman Montana for the vacation of the east end of Lamme Street, Bozeman Montana. I) i / /) ! / . ( / /" 1 . / , __-__._ SIgnature .1 (}(;V(/ I; / /((, l{/ ""- V I / [. Date [t /3;/06 . '-. ('" \....:) CONSENT FOR VACATION OF EAST END OF LAMME STREET, BOZEMAN, MONTANA. 1/ we ~ p~~ , owner of the property contiguous to the sauth af the east end of Lamme Street, da hereby consent to the City ofBazenl Montana far the vacation of the east end of Lamme Street, Boze Montana. Signature Date ,/cf. 200 7G 9: 03 AM, 065565720 BRIDGER BOv.t. SKI NO. 1898 FP. 2 6S ,/,,..' CONSENT FOR V ACA nON OF EAST END OF LAMME STREET, BOZEMAN, MONTANA. I / we ]!ISF ~lw<lY c,....~ ' owner of the property contiguous to the east of the east end ofL e Street, do hereby consent to the City of Bozeman Montana for the vacation of the east end of Lamroe Street, Bozeman Montana. Signature ~? ~'"tu:-~ Dalen E. Wiotermute . Manager - Land KevenlufManagement Date /-15'" Zoo 7