HomeMy WebLinkAboutOrdinance 02- 1578 Vacate Baxter & N. 5th, WalMart
- .-. -.--.........- -- -.---....-..--------.- .
f / Ilmlll~ I~II 1111 1111111 11111 IDI IIIIIIIII~ IHI ~~~~8:~:
SMelley Vanoe-Gallatin Co MT MISC 24.00
ORDINANCE NO. 157-a-
AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN,
MONTANA, DISCONTINUING AND VACATING THOSE PORTIONS Of NORTH
5TH AVENUE AND BAXTER LANE GENERALLY LOCATED BETWEEN THE
NORTH RIGHT-Of-WAY LINE Of WEST OAK STREET AND THE EAST RIGHT-
Of-WAY LINE Of NORTH 7TH AVENUE 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 Gaston Engineering on behalf of George Westlake and Kay Martinen, owners of the property
abutting the subject street rights-of-way; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 19th day of February
2002, at its regular meeting, passed and adopted Commission Resolution No. 3511, declaring it to be the
intention of the City Commission to discontinue and vacate that portion of the North 5th Avenue/Baxter Lane
rights-of-way generally located between the north right-of-way line of West Oak Street and the east right-of-
way line of North 7th Avenue; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily
Chronicle on the 24th day of February and the 3rd day of March, 2002, 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 streets affected by the proposed vacation, which return of 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 11 th day of March 2002 at 7:00
o'clock p.m., atthe 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 11 th day of March 2002,
at the regular meeti ng of the City Com mission, nor were any objections filed in writi ng prior to that meeti ng;
and
WHEREAS, it is in the City's best interests to vacate the subject street rights-of-way, while
preserving an easement therein for any public utility to continue to maintain existing plant and equipment
in said street rights-of-way.
NOW, THEREFORE, BE IT ORDAINED by the City Commission ot the City of Bozeman:
Section 1
That that portion ot the North 5th A venue/Baxter Lane rights-of-way generally located between the
north right-ot-way line of West Oak Street and the east right-ot-way line of North 7th Avenue, as shown on
Exhibit "A" attached hereto, and more particularly described as follows:
Beginning at a point which bears N79003'26"W a distance of 530.07 teet from the E;4
corner of said Section 1, said point being on the east right-ot-way line of North 5th
Avenue; thence S89049'34"W a distance ot 60.01 feetto a pointon the west right-of-way
line of said avenue; thence along said westerly right-of-way line and the south right-ot-
way line of said Baxter Lane N01 016'30"E a distance of 277.32 feet, along a curve to the
left having a radius ot 150.00 feet a distance of 235.63 feet, and N88043'30"W a
distance of 520.03 feet to the intersection of said Baxter Lane right-ot-way line and the
east right-of-way line of North7th Avenue; thence along said North 7th Avenue right-of-
way line N01 016'30"E a distance of 60.00 teet to its intersection with the north right-of-
way line of Baxter Lane; thence along said north right-of-way line and the east right-of-
way line ot North 5th Avenue S88043'30"E a distance of 520.03 feet, along a curve to
the right having a radius of 21 0.00 feet a distance of 329.87 teet, and S01 016'30"W a
distance of 275.80 feet to the Point of Beginning. Said tract being 1.487 acres.
be vacated. The vacation shall not affect any existing rights-ot-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-ot-
way.
Section 2
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PASSED by the City Commission ot the City of Bozeman, Montana, on first reading at a regular
session thereof held on the 23rd day of September 2002.
STd~K'R2~~ --
,.
. .,' '~,: ,.,.::"'." i'., ",:
- 2 -
I "II~ IIIIIIIIIIIIIIIIIIIIIII~IIIIIIII~ 111I111111111 ~;~~r:~~p
Sh.ll.v Vano.-Gallatln Co MT MISC 24.00
--...-........---
. -.. ----
.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the 7 th day of October 2002.
A-~
STEVEN R. HOFF, Mayor
APPROVED AS TO FORM:
- 3 -
11111111111111111111111111111 11111111111111111111111111 ~~5~~?:~~P
SMelley Vance-Gallatin Cc ~T ~ISC 24.11111
.-. .._,,--,,----
---
---------.----
Ilmlllllllll~llll~ 1111111111111111111111 ~~ I11I ~~~~~~: Exhibit "A"
S~.ll.v Vanoe-Gallatin Co MT MISC 24.ee
EXHIBIT
SHOWING PORTIONS OF BAXTER LANE AND NORTH 5th AVE. SI1UATED IN THE NE1/4 SECTION "
T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
SCALE: '''''''100'
_ '1.-':'...1' __"r:jH
01 II--l t- 3<;(/
~ w _._1
~ w g; '" ~\!v.. ..<_.
d II . II oJ~~ :;Y:i r--"-
f- :J ~ . WI- "<I. ~';!I')~:: -."
~ :g ~a~ /..;~,~~~: ~() .
Z 3 ;<' I 'I _, w - '.' '" '., ~ .', :'
-=t I ~ ('j J ." "') 0,)
:;= - ) ..tl/\ I.j .( f.:' ('~I
s ~~F ~;> .~
, 0'1
J - C
Fn::OIo o.~
r-=~7 ~~-~~.:-'~_~ ~--~ _n'_ I~- ,- i~~ ~ E.~
/.. ../'" -"-0--- ,.r;--' \ -' "'~ Os.rL7 ,,0 '"
_n _ _ r-- 0 _ I \ " . "''' DO a... m
_' IX) 0 0 \ " 0
--- -j . d 0 M..m:,9UOS tn
~~o \ \
I')Nrn
II II Ii
-,0::<]
l --
-----
3=
~j 0 oc~..
z - . 0 10' I')~
:J I')O_/'/w ,.<<< m~
,,15<< ~ C! 0 Z ;< ,,-' "'<t 0
~u. ~ 1.0 0 P . :J ~~. lC
~I'; ~ f'fJI.OO. ~ w VJrr~ ~
viN e:: N....--m/ I ~:;;t ~JlJJ"'"
~w~ ~ II II It I 1i!:J ~"-", VI
... Ir' ~ W cr: <J I I- n..
f~~ (j) ..J ~ io~..t
_ g\li!::! , J~1-m= -.~._-\.-. -- -.= ~-/~~
. .... . -- - n_ _ I I: I -- - -- - - --- -.-
~cc - ~-c ~- ~- ~ : ,~ IlrL---- ___ _=-=
I 2rg I I
~~ h
I 'IJ~ ' ---.-. ---. t:1
:W, I n ~"-II I -n_ ct:
::,~;~~ ~: ~ ?:3~j ~~ . .~li:i.~ ~
-"n, N .,. .j""" I I I 'n .,,'-,,;
/1,: :':~ ~. 1.0 llu ~.' ;0-: ':Jt ~i', (:; 6: 111 t
0{J:: ':( "':>r " ..,: ~Q-
;,: 0',),. 1-.<...., I-. ~L...i ~ I I r.t",!-~
~~t=; . :s :3c7:L.&J~'. J{ ~GQ r-..
let 64~~ I ~ O\,().
I f:':' 3= " :.:> I I .~ ~;; ;-
I ~ '0 =>" :'';~t(~
CI) ti") w <') l,.~ ,i-":
, n '5 I, I -")~':';
w I ~ ~ ~CJ{l
(t:::: ., ~ z :-:~
I'! ~ 0 I ~ w I.;;;
~~~ !.'"J I z \ J I ~
~ n ~
tJ~- ;<t u= - ~
9 ~ ~ ~ - --- - --- - I <> ]
~~~ V1------- _--- [~W(:~ J'- ---- --- ~;~:~,---
.. 0 -< c: ------J -, '. ,~ ,
~ . to, ~._ ,~ ...1
;; I- \.II w NOXX] .~~ ((I ~:.: (. i_ :-;
n ~C-- _-T- ~:~~~ ~ii:~~
-- -- ""'u . . <,,~ .. ...... J. .. ,.~""'
" --7 - ~~.:~ ~~F~~:
_______ - _.:...___1_- _____.__ ,_______ -
.... ,00'09 -3I\V IJIL HMON -- -----,-. --
3;iDr.9~. WN 99-558 ABAN{JON UBI.OWC
liAr, 2001
P&'/cf2