HomeMy WebLinkAboutResolution 3771 Vacate W Lincoln Street & 5th
.
..
.
"
.. -.
COMMISSION RESOLUTION NO. 3771
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DISCONTINUING, ABANDONING AND VACATING THAT PORTION OF
THE RIGHT-OF-WAY FOR WEST LINCOLN STREET IN BLOCK 51, CAPITOL HILL
ADDITION, EXTENDING WESTWARD FROM SOUTH FIFTH AVENUE
APPROXIMATELY 143 FEET, IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman
a petition by Sharon Burkhalter, owner of a portion of the property abutting the street right-of-way; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 23rd day of August
2004, at its regular meeting, passed and adopted Commission Resolution No. 3717, declaring it to be the
intention of the City Commission to vacate and abandon a portion of the right-of-way for West Lincoln
Street in Block 51, Capitol Hill Addition, in the City of Bozeman, Montana; and
WHEREAS, the notice of the adoption of said Resolution was pUblished in the Bozeman Daily
Chronicle on August 25 and September 1, 2004, as appears on the affidavit of publication of the publisher
of said Bozeman Daily Chronicle, which is on file with the Clerk of the City Commission 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 retumof service is on file with the Clerk of the
City Commission of the City of Bozeman; and
WHEREAS, said notice, as published and served, designated the 7th day of September 2004
at 7:00 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 vacation were presented on the 7th day of September
2004, 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; and
WHEREAS, upon vacating or abandoning the street right-of-way, ownership of the abandoned
right-of-way reverts to the abutting landowners from the edges of their respective properties to the
centerline. j
.1 ~~. I ~IIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIII ~J; ~~:~~ ~
-'1:l~ :'
~ " ,
Shelley Ve"oe-Gallet 1" Co /'IT /'IISe 21.00 .
s
~~ "!.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, that
the street right-of-way, as depicted on Exhibit "A", and attached hereto, be vacated while preserving an
easement therein for any public utility to continue to maintain existing plant and equipment in said street
right-of-way, more particularly described as follows:
All that portion of the West Lincoln Street right-of-way in Block 51, Capitol Hill Addition,
extending from the west right-of-way line of South Fifth Avenue west for a distance of
approximately 143 feet.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 7th day of February 2005.
A RARO, Mayor
Af]"EST;~-' -"'<' '.
~,-:.
0"' , .. "':, ". _" ' .' ':""., ~! "'.'.
.' .:-:-. :..... p
<. ..0
R"~
C1e~~Coj;.inrsS'iOn
.. '.," t" ".." ,..,....
~ '-i. .'.:1':-. ~
~.... ~.~ ,-:=..:"~~,~,, .
- '. . APPROVED AS TO FORM:
----r: -=<J~A...
TIMOTHY A. COOPER
Acting City Attorney
111111'"111 11111 111111111111 1111 111111111 11111 1111 1m ~:t j~~ ~,~p
Snelley Vance-Gallatin Cc MT MISC 21.00
-2-
.._._n_
('
. IIIII~ Hili 11111 11111 1111111 1111 111111 III 11111 1111 1111 ~tj~2:~, ~
,"
Grant St.
Shelley Vince-Gallatin Cc MT MISC 21.00
143' 14' 143'
;r. M ;r.
N M -
M
.
M N :
: 0
M M :
: 0- '<t oi~
M :
-
:
:
:
~
: .~O
~ :
: <1)
: ;:>
<
...r:::
: G::
:
......
~
: C/J
:
:
N :
: N :
N
: 0 t") .
N - :
'" '<t
:
;r. 00 ~ -
N
;r. t-
0\ \D
t") ..... -
143'
Vacated Ord 789
MSU Proposed Vacation
l' Proposed Turnaround Easement
To Be Retained Exhibit A
Attachment to Commission Resolution
Not To Scale City Engineering Office 1/15/04
.._n