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Home My WebLink AboutOrdinance 00- 1525, Vacates and abandons street right-of-way - -.-.. ---.---- ------ . ~ ? ORDINANCE NO. 1525 AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, VACATING AND ABANDONING THE STREET RIGHT-Of-WAY fOR NORTH IDA AVENUE LYING BETWEEN THE NORTH RIGHT-Of-WAY LINE Of EAST MAIN STREET AND THE SOUTH RIGHT-Of-WAY LINE Of THE EAST/WEST ALLEY BETWEEN EAST MAIN STREET AND EAST MENDENHALL STREET AND THE DEAD END EAST/WEST ALLEY RIGHT-Of-WAY EXTENDING WESTWARD fROM THE WEST RIGHT-Of-WAY LINE OF NORTH BROADWAY A VENUE BETWEEN TRACT 3A, BLOCK 12, AND LOT 7 A, BLOCK 31, NORTHERN PACIFIC ADDITION, 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 Delaney and Company, owner of the property abutting said street rights-of- way, requesting that the portions of street and alley rights-of-way be vacated; and WHEREAS, the City Commission of the City of Bozeman, Montana, on the 5th day of June 2000, at its regular meeting, passed and adopted Commission Resolution No. 3365, declaring it to be the intention of the City Commission to vacate and abandon the following street and alley rights-of-way: That portion of the street right-of-way for North Ida Avenue lying between the north right-of-way line of East Main Street and the south right-of-way line of the east/west alley between East Main Street and East Mendenhall Street, and the dead end east/west alley right-of-way extending westward from the west right- of-way line of North Broadway Avenue between Tract 3A, Block 12, and Lot 7 A, Block 31, Northern Pacific Addition, in the City of Bozeman, Montana. WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle on the 28th day of June 2000 and the 5th day of July 2000, 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 and alley 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 17th day of July 2000 at 7:00 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 17th day of July 2000, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting; and WHEREAS, the Commission made the determination at its regular meeting held on the 17th day of July 2000 that it is in the City's best interests to vacate the subject street and alley II II I III I I II II II 1111112020768 Pa,.: 1 of 3 09/14/2000 04:01P Shelley VanoewCallatin Co MT MISC 18.00 ---.....- 111111 111111 In 111112020768 , Pale: 2 of 3 .. 09/14/2000 04:01P Shellev Vanoe-Gallatin Co MT MISC 1B.00 rights-of-way, while preserving an easement therein for any pLi6Hc utilhy-to con-tinue to maintain existing plant and equipment in said street and alley rights-of~way. NOW. THEREFORE. BE IT ORDAINED by the City Commission of the City of Bozeman: That portion of the street right-of-way for North Ida Avenue and the alley right-of-way extending westward from North Broadway Avenue, 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 and alley rights-of-way, more particularly described as follows: That portion of the street right-of-way for North Ida Avenue lying between the north right-of~way line of East Main Street and the south right-of-way line of the east/west alley between East Main Street and East Mendenhall Street, and the dead end east/west alley right-of-way extending westward from the west right- of-way line of North Broadway Avenue between Tract 3A, Block 12, and Lot 7 A, Block 31, Northern Pacific Addition, in the City of Bozeman, Montana. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 21 st day of August 2000. -, MA~~~ 0 ..' 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 5th day of September 2000. ~(J~~ MARCIA B. YOUNG A ,Mayor ATTEST: -" " .. ."' R ,/" I. Nt I r \ ','(.. .' .. ..... .. Cj"rlk,O:f~lo~" . . ,.., ." ~- . i \, r- .; '., -", '.. .. ,~~....~., -~ I': >.....-.- ::.' '-.'.!" ,,-::.-'~~,:~:' -=-- ,J f "~.<~::::T~~~1>V' I APPROVED AS TO FORM: '~.('. ". ,,0' .(~. ('0'\'" If . '.. ," ., - 2 - .. e-~ \.,:~ ~: +- \"A I) ...... OVERALL PLAN I I 1 I Gj ~-_ 1 1 I i------_ LOCATED IN THE Nf 1/4 OF SEC. 7, T. 2 5., H. 6 E. ------.J--_L~~lOL~_ ------7 '.. ~ OF P.M;M., CITY OF BozeMAN, GALLATIN COUNTY, MONTANA i .Atenaenhau ---------- \~ !~J;-/--;!--- ~ Sft-e.e t 'y /J :1 ~ ~ / ~ ~ ~------7- - /) , 1- , \ , , \ 1 I ! ! 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