HomeMy WebLinkAboutOrdinance 00- 1523, Street vacation
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ORDINANCE NO. 1523 -.--
AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN.
MONT ANA. V ACA TING AND ABANDONING THOSE PORTIONS Of WEST
CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE
WEST RIGHT-Of-WAY LINE Of SOUTH 8TH AVENUE AND THE EAST RIGHT-
Of-WAY LINE Of SOUTH 10TH A VENUE. LOCATED ON THE MONTANA STATE
UNIVERSITY CAMPUS 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 Montana State University. owner of the property abutting said street rights-
of-way. requesting that those portions of streets be vacated; and
WHEREAS. the City Commission of the City of Bozeman. Montana. on the 17th day of
April 1995. at its regular meeting, passed and adopted Commission Resolution No. 3053, declaring
it to be the intention of the City Commission to vacate and abandon the following street rights-of-
way:
Those portions of West Cleveland Street and West Harrison Street lying between
the west right-of-way line of South 8th Avenue and the east right-of-way line of
South 10th Avenue, located on the Montana State University campus; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
Daily Chronicle on the 21 st day of April 1995, 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 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 1 st day of May 1995 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 1 st day of May
1995, at the regular meeting of the City Commission, nor were any objections filed in writing prior
to that meeting, although public comment was received from three residents of the general area;
and
WHEREAS, the public hearing was continued to the 8th day of May 1995, at which time
comment from an additional four residents of the general area was received; and
WHEREAS, the Commission made the determination at its regular meeting held on the
15th day of May 1995 that 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
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plant and equipment in said street rights-of-way, subject to four conditions being met prior to the
vacation of these two streets; and
WHEREAS, the four conditions have been satisfactorily met.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman:
That portions of West Cleveland Street and West Harrison Street located on the Montana
State University campus, 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 rights-of-way, more particularly described as follows:
Those portions of West Cleveland Street and West Harrison Street lying between
the west right-of-way line of South 8th Avenue and the east right-of-way line of
South 1 Oth Avenue, 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 17th day of July 2000.
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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 16th day of October
2000.
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APPROVED AS TO FORM:
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