HomeMy WebLinkAboutOrdinance 96- 1417, Alley right-of-way vacation
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ORDINANCE NO. 1417
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, VACATING AND ABANDONING THAT PORTIONbf NORTH/SOUTH
ALLEY RIGHT-Of-WAY LYING ADJACENT TO LOTS 5 AND 6, BLOCK 14, AND
LOTS 19 AND 20, BLOCK 14, CAPITOL HILL 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 William G. and Ellen I. Klenn, owners of the property on the east side of said
portion of the alley right-of-way; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 20th day of
November 1995, at its regular meeting, passed and adopted Commission Resolution No. 3093,
declaring it to be the intention of the City Commission to vacate and abandon that portion of
north/south alley right-of-way lying adjacent to Lots 5 and 6, Block 14, and Lots 19 and 20, Block
14, Capitol Hill Addition; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
Daily Chronicle on the 3rd day of December 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 18th day of December
1995 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 18th day of
December 1995, 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 alley right-of-way, while
preserving an easement therein for any public utility to continue to maintain existing plant and
equipment in said alley right-of-way.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman:
That that portion of the north/south alley right-of-way lying between West Harrison Street
and West Cleveland Street, lying immediately north of the east/west alley right-of-way, and
between South Fifth Avenue and South Sixth Avenue, as depicted on Exhibit" A", and attached
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fiLM 162 fACE 4027
hereto, be vacated while preserving an easement therein for any public utility
to continue to
maintain existing plant and equipment in said alley right-of-way, more particularly
described as
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follows:
That portion of alley
right-of-way lying adjacent to Lots 5 and 6, Block 14, and
Lots 19 and 20, Block
14, Capitol Hill Addition.
PASSED by the City Commission
of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 8th day of January 1996.
UM L/J~
DON E. STUECK, Mayor
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Montana, on second reading at a regular session thereof held on the 22nd
day of January 1996.
Ud>1ll~
DON E. STUECK, Mayor
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APPROVED AS TO FORM:
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PAUL J.kUWE
City Attbrney
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State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby
certify that the foregoing Ordinance No. 1417 was published by title and number in the Bozeman
Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue
dated the 25th day of January 1996, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office.
ROBIN L. SULLIVAN
Clerk of the Commission
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