Loading...
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: ,. fill ~ .200~rr2SB.] 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. ~'M~r4~ 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. ~ :'i~\~'" :,~.~., ~/~~ . .' .....;/-';i5;;g;~?r;. L R M. S~FF, ayor AT7~~~'O02~ "', '"if ". . ....~.."".~., :. . "'" . '<"" i'~~ '. "n) ~,~, ". .IV "," ~. ( ".:" . ~.-.~, ;1 ". '~.'"1. .1{Y,j ..~ ",". _-' ;1i;JJ . " ROB1V_1if:'t.'If;ME · :'5 Clefi(-, ~-- .\ ""-iii~;;h ,~, ~~ ' 'w "'l_'.''''l'. .-:. ,:./..~fJ, ~:~. ~ ""',<iI........It....,' or .' C\ . l'l!l ()(L '\' "'\,::1""",<,. APPROVED AS TO FORM: - 2 - . ". EXHIBIT "A" fR~ ,200f~H'2584 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 ~r~'~ I PHIUP SACCOCClA. .R. MORRISON MAlERLE, INC. ~ AREA OF PROPOSED I I ggl Eo BEACH P.O.BOX 1113 EASEMENT VACAl10N PASS CHRISl1AN, MS 3957\ BOZEMAN. MT Sg771 I I BASIS OF BEARING EAST UNE OF SEC. I, N 01'31'29" E I AS SHOWN ON C!S No. 12158 ---_J S'\'A'It OF MONTANA BAXTER LANE I -- --- - - - --- "-'-- ....... ----- NW COR SEC 1 -... I I ~ " ........... ~"\"j,\<F .......... II I cIS .......... .......... II I ...... II I II I SCALE: I" .. 300' 1/ I '?,,,C~"j,~.p cIS II I 1/ 1;( I I~ I \9 I~ I '?,"~"j,\@ I: I c/<; I~ I VACATE ALL OF I~ I 30' WIDE STREET & U1IUTY !'1 EASEMEN'\' PER 99 F. 131 /5 I z 131..... :;f\~\!5 - MLtt' VACATE ALL OF 60' WIDE STREET & U1IUTY EASEMENT PER 98 F 99 TRACT ~A I C.O.S. 121!5A ~I l';i.T,ft5A ~I ~I ~/I ~I I II 1 0' [~-~.- [ASOjOfT POI .. r M TO nat aTY Of' BOZEWAI/ -------- ------ ~ OAK STREET --- "0 co ,"/~ COR SEC 1 1------ . ,-------- BRASs eN' M"". I I COvERED OVER -. \ I wAa~Rt< :>>4 ~ .....---.-