HomeMy WebLinkAboutResolution 4138 Close a Portion of East-West Alley in Block 1r
COMMISSION RESOLUTION N0.4138
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, TO CLOSE A PORTION OF THE EAST-WEST
ALLEY IN BLOCK I, ORIGINAL TOWNSITE, CITY OF BOZEMAN,
MONTANA, TO VEHICULAR TRAVEL.
WHEREAS, a recommendation to close a portion of the alley right-of--way for the east-west
alley in Block I, Original Townsite to vehicular travel has been made by the Superintendent of Facilities
of the City of Bozeman; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 20th day of
October, 2008, at its regular meeting, passed and adopted Commission Resolution No. 4133, declaring it
to be the intention of the City Commission to close a portion of the alley in Block I, Original Townsite,
in the City of Bozeman, Montana to vehicular travel.; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
Daily Chronicle on October 26, 2008 and November 2, 2008 , 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 alley affected by the proposed closure, 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 1st day of December, 2008
at 6:00 o'clock p.m., at the Commission Room in the City Hall Building, Bozeman, Montana, as the time
and place for hearing objections; and
WHEREAS, no legal objections to said closure were presented on the 1st day of December,
2008, at the regular meeting of the City Commission, nor were any objections filed in writing prior to
that meeting; and
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WHEREAS, it is in the City's best interests to close the portion of the above-described alley,
preserving the right therein for any public utility to continue to maintain existing plant and equipment in
said alley right-of--way;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana: to close a portion of the alley in Block I, Original Townsite, City of Bozeman, to vehicular
travel, more particularly described as follows:
BEGINNING at a point on the north line of the east-west alley in Block I, Original Townsite,
City of Bozeman, Gallatin County, Montana, which is the intersection of the west line of the existing
City Hall Building (extended) and said north line of the east-west alley, said point being 243 feet east of
the west line of said Block I; thence east along the north line of said alley a distance of 113 feet more or
less to the west bank of Bozeman Creek; thence south a distance of 20 feet to the south line of said alley;
thence west along said south alley line a distance of 113 feet; thence north a distance of 20 feet to the
point of beginning.
The closure shall not affect the right of any public utility to continue to maintain existing plant
and equipment in the alley right-of--way.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 15th day of December, 2008.
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KAAREN JACO ON
Mayor
ATTEST:
STA ULM
City erk
APPROVED AS TO FORM:
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ROBER PLANALP
Interim City Attorney