HomeMy WebLinkAboutOrdinance 99- 1495, Vacates and abandons certain street and utility easements
ORDINANCE NO. 1495 nL~ 200rAr:t2582
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, VACATING AND ABANDONING THOSE STREET AND UTILITY
EASEMENTS ACROSS TRACTS 4A AND 4B, CERTIFICATE OF SURVEY NO.
1215A, AND TRACT 1 B, CERTIFICATE OF SURVEY NO. 1215B. EXTENDING
EASTWARD FROM NORTH 19TH AVENUE AT APPROXIMATELY THE MID-
POINT BETWEEN WEST OAK STREET AND BAXTER LANE, 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 Philip Saccoccia, Jr., owner of the property burdened by the street and utility
easements; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 3rd day of May
1999, at its regular meeting, passed and adopted Commission Resolution No. 3288, declaring it
to be the intention of the City Commission to vacate and abandon those street and utility
easements across Tracts 4A and 4B, Certificate of Survey No. 1215A, and Tract 1 B, Certificate
of Survey No. 12158; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
Daily Chronicle on the 5th day of May 1997, 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 utility easements 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 May 1999
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 17th day of May
1999, 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 and utility
easements.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman that
the street and utility easements extending eastward from North 19th Avenue at approximately the
mid-point between West Oak Street and Baxter Lane, as depicted on Exhibit" A", and attached
hereto, more particularly described as follows, be vacated:
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Those street and utility easements across Tracts 4A and 4B, Certificate of
Survey No. 1215A, and Tract 1 B, Certificate of Survey No. 1215B, 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 7th day of June 1999.
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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 21st
day of June 1999.
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APPROVED AS TO FORM:
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EXHIBIT "A"
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A TRACT OF LAND 8EING PORTIONS OF TRACT 18 OF CERTIFICATE OF SURVEY NO. 12158 AND
PORTIONS OF TRACTS 4A AND 48 OF CERTIFICATE OF SURVEY NO. 1215A SITUATED IN THE
NW1/4 OF SECTION 1, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA.
TRACT 8 SiJBDIVISloN
OWNER ENGINEER
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PHIUP SACCOCClA. .R. MORRISON MAlERLE, INC. ~ AREA OF PROPOSED
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ggl Eo BEACH P.O.BOX 1113 EASEMENT
VACAl10N
PASS CHRISl1AN, MS 3957\ BOZEMAN. MT Sg771
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BASIS OF BEARING
EAST UNE OF SEC. I, N 01'31'29" E
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AS SHOWN ON C!S No. 12158
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S'\'A'It OF MONTANA
BAXTER LANE
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VACATE ALL OF
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30' WIDE STREET & U1IUTY
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EASEMEN'\' PER 99 F. 131
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VACATE ALL OF
60' WIDE STREET & U1IUTY
EASEMENT PER 98 F 99
TRACT ~A
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