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Home My WebLink AboutOrdinance 95- 1412, Street right-of-way vacation -~ ,..-~" ., -~', ,~... -~-- .. ...."- ORDINANCE NO. 1412 ntH 160PACf 966 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF WEST BABCOCK STREET RIGHT -OF-W A V L VING ADJACENT TO AND NORTH OF LOT 3A.2, AND ADJACENT TO AND SOUTH OF LOT 3B-1, ALL IN BLOCK 3, KIRK'S FOURTH SUBDIVISION 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 Century Properties Fund XIV, the owner of the property abutting the south side of that portion of West Babcock Street lying immediately east of the realigned intersection of West Babcock StreetlWest Main Street/South 23rd Avenue; and WHEREAS, the City Commission of the City of Bozeman, Montana, on the 2nd day of October 1995, at its regular meeting, passed and adopted Commission Resolution No. 3086, declaring it to be the intention of the City Commission to vacate and abandon that portion of West Babcock Street lying immediately east of the realigned intersection of West Babcock StreetlWest Main Street/South 23rd Avenue; and WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle on the 4th day of October 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 street 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 16th day of October 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 16th day of November 1995, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting; and WHEREAS, through negotiations between the City of Bozeman and Century Properties Fund XIV involving the State of Montana Department of Transportation Project No. 94-306, Parcel No. 6A was identified as the portion of the West Babcock Street right.of-way to be vacated and ownership transferred to Century Properties Fund XIV, as part of the compensation to Century Properties Fund XIV to acquire rights-of-way necessary to accommodate the realignment of the intersection of West Babcock Streett West Main Street/South 23rd Avenue; and -- - - : FILM 160 PACE 967 WHEREAS, it is in the City's best interests to vacate the subject street right-at-way, while preserving an easement therein tor any public utility to continue to maintain existing plant and equipment in said street right-at-way. NOW. THEREFORE. BE IT ORDAINED by the City Commission ot the City at Bozeman: That the following street right-of-way, as depicted on Exhibit n An. attached, be vacated while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said street right-of-way, more particularly described as follows: That portion of West Babcock Street right-of-way lying adjacent to and north of Lot 3A-2, and adjacent to and south of Lot 3B-1, all in Block 3, Kirk's Fourth Subdivision, and more commonly referenced as Parcel 6A on State of Montana Department of Transportation Project No. 94-306. as shown on the right-of-way plat for said project. on file in the Office of the County Clerk and Recorder in Gallatin County, Montana. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 20th day of November 1995. 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 4th day of December 1995. :;., - 2 - _ ___ n_.___ 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. 1412 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 7th day of December 1995, 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 - 3 - __ - ___n .. ..... ____ _ ---- (1'3 ~ B" Sewer line _.._.. r\... _ . - ,.-..- ,. - .,-..-.. -..-..-..-..-., _.. N 1/16 COR, S[ 1/4 ..'- ..-._.._._. .._.._.._.._.._._.._.. . _ _ _ SEC. 11 T2S R5[ - - - - - - -.,~ -TEL- - - - - - - - - - - - - - - - ~ ~ ~ -@A8-GQ~1<___~-.L , , ~ ;/ - _2"- - -------------- - - - - - =----~-~- ~--- .'./ ----- 905--::;-- - 10" Water line NB9"24'E ^ . .,~--, -.-.~.--,-,-.-.-.-.-.-.-.-.-.-. , I v - . - . - ' - . - . - . - . - . . - . - . ."':7" . . _, ___________ \0 ^ -/;../ --------~------ Overhead electrlc----....--n-----------------------n---nn-- v _nn________nnn_n___..-nnnnn___ n_n_nnn~-:;.~ u__/____ ________ 0'1 ~ .2:- ~.,/ --- 39.2B 0 0'1 :::I ./ ~./ ~ a. / ~ ,\X-'" - & ~ JY ~ ~ ,/ / ^ "/ ./ / CL CURVE R=370,OO' ~ I~" ./ . -J / ~ // / ,/ M i, ~/ ./,/./ ______ 11.I11I ~ .. \...\( ,/ /,/ ./:u ti I:; ;'3 ~"/ . / '0) ;: 0 to !; j z / / 'V 0 - ": . .. < ~ //.) ~ ~ LOT 1 ~ LOT 3A- 1 ~ ,/ / ~ Y / \ s'S / / \ /-(:::} ~ I~JZ; // / / r:-~~=~=~=~~~\ PORTION OF BABCOCK STREET .2 ~ . ~ / \/-------- ~ 1M N / 1 t:r=:::==:=:=======~ I '2 ~ <D / / ~::::~::=====:========~ TO B E VA CA TED 1\ if ~ i P:; / / -:=::===~::====:======:==~ I/\:J & &! t> ,/ / / 1 ,":~~~~~~~~~~~I~~~~~~~~~~~=~=~ . J=J ; ~ / / - - - - - - - ~- - - - - - "'J 1 J 9B. 1 1 ::0 <<I <U H / 1-:==:====::=:::=- =:==== ~. ~ =:; NB9"19'46"[ ...... == '1:12- u ----------------- ------ 0 ---1 ....,1 c::s ,/ / 1- _ _ _ _ _ _ _ _ _ _ _. _ ~ ,..".., c_-_-_-_-_-_-_-_-_-_-_-_- Q:: -... ~ _ ." / ,----- - ---]- - -- - !.u-' 0'" E-< / t;;~=~:~:~:~:~=~::~:~:~::==:~:~~_j ~O .. LEGEND ~ 2:-12 ~ / I- -if-- -- -- --+~ --,0 - u-. S 1; as ~-' - - - - - - ~- - - " - - - J . ~ :2 / / l--fy ;::::::::::::=::::::::= /V..- !J:7 LOT 3 A - 2 '- \ \ " 1.............-............1 Portion of Babcock Street B :Ii 0 1..- 'V:-:-=-=-:-=-=-~-=-=-:vi--~ --I \ ~ \ "'-." .... to be vacated .I < :::IIi ~ r h-------------- ~ --------- - <<. --/ VI \ I c:: -.j- L-~rir -:=:=:::===:=--_-=====:==:====-:::--' 0 Lf"1 ~ L-~ ------'*-----------1 --- . :IE M t:. IN_==:=:=::=:="'.;.-:==:==========:=====-/ \J\) B Portion of Parcel 6, MOoT _ .. M r Q.Mm9::-----------------------------------1 C' N PraJ'ect No 94-306 0"'" ,:~ - u - - -- -- - u - - - - -j - J ~ - --. ,..., ,.. . A~:~~1~~~~jj~~~~~~~~~~~~~~~/ 1 S j 10 ~ M:::::::::::::::::::::,;;; \) V; '" '" "" E X H 1 BIT A r-=======:=:====::=:====?j-;;/ \ / \\........... I' (:=:=:=:=:::::===:=:="'.;-" '\'- \ SCALE: \" - 50' AUG. 1995