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HomeMy WebLinkAboutOrdinance 93- 1363, Alley vacation (2) -. - ..~'."...-,..:. ,~ . ~~ " ,- ----=;- . '", !. ,J ^ ... i.. ORDINANCE NO. 1363 FILM 133 P,\Cf3978 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY IN BLOCK ONE OF THE SPRING BROOK ADDITION TO 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 the owners of the property abutting that portion of the north/south alley in Block One of the Springbrook Addition; and WHEREAS, the City Commission of the City of Bozeman, Montana, on the 22nd day of March, 1993, at its regular meeting, passed and adopted Commission Resolution No. 2908, declaring it to be the intention of the City Commission to vacate and abandon the north/south alley in Block One of the Springbrook Addition; and WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle on the 24th day of March, 1993, as appears from 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 5th day of April, 1993 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 5th day of April, 1993, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting; and WHEREAS, the owner of Lots 12 through 23, Block One, Springbrook Addition has executed a waiver of right to protest future Installation of improvements to the east/west alley in said Block, attached hereto Exhibit A and by this reference made a part hereof; 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. .- ------.-..-,-..-.~... ----..-.--.----..-.- ~, ~ '-' ", . ., .. FIL~ 133 PACf3979 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: That the fallawing alley right-af-way be vacated while preserving an easement therein far any public utility to. cantinue to. maintain existing plant and equipment in said alley right-af-way, mare particularly described as fallaws: The narth/sauth alley in Black One af the Springbraak Additian. PROVISIONALL Y PASSED AND ADOPTED by the City Cammissian af the City af Bazeman, Mantana, at a regular sessian thereaf held an the 12th day af April, 1993. ATTEST: ~;/~ ROBIN L. SULLlV AN~:'.,:~ Clerk af the Cammission FINALL Y PASSED AND ADOPTED by the City Cammission af the City af Bazeman, I Mantana, at a regular sessian thereaf held an the 26th day af April, 1993. ..~ ~~- Mayar ~"~ .i;. '>:' ..~~::~~.S~LLlV~..#:.~' qlerl<<ot,the !Cbmptl~on ...,....: "...."...l",;',~'. 0/1 . \; ,7;,~!w:-~~,~~:""~"J~: .,7";':{5:, ~~~. i' ' :'~VEDA~ TO FORM: ~y... .'<,~","~~~~\ - ,:~~; .""1'.:<. -,'. .'. f..--; . ., . { ,; PAUL J. W City A tarney , ;, - 2 - .. -........--- . - ------ ---...--- .--- ._n..__._.. '-' - WAIVER OF RIGHT TO PROTEST rlLM 133 PAC[3981 THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT FOR INST AllA TION OF IMPROVEMENTS TO THE EAST/WEST AllEY IN SAID BLOCK The undersigned, owner of a parcel of real property situated in the City of Bozeman, County of Gallatin. SLate of Montana, and more particularly described as follows: Lots 12 through 23, Block One, Springbrook Addition to the City of Bozeman, Montana. IN CONSIDERATION of receiving approval of the requested vacation and abandonment of the north/south alley in said Block One, Springbrook Addition, and in recognition of the impact this vacation may cause on the east/west alley in said Block, the owner hereby waives the right to protest the creation of one or more special improvement districts for installation of improvements to the east/west alley in said Block One, or to make any protest against the proposed work or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention Lo create one or more special improvement districts for improvement of this alley. This waiver is limited to the owner's proportionate share of the costs of improving the east/west alley in said Block, taking into consideration, if at all possible, the improvements which have already been made through the Owner's property in the west one-half of Block One. This waiver shall be a covenant running with the land and shall not expire. I warrant that I am the Owner's lawful agent with authority to sign this waiver and that the Owner is lawfully seized and possessed of the real property described above and that the Owner has a lawful right to convey the property OJ any part of it. The terms, covenants and provisions of this waiver shall extend to and be binding upon the heirs. administrators, personal representatives, successors and assigns of the party hereto. DATED this ~ day of ~l- ,1993. BOZEMA PARTNERSHIP Its 8C7 State of ~ ) County of ,~ t:!:f : c 1 ~ On the d?j!!. day of ~ . 1993. befoz;;;e. ~otary Public for Ihe Slate of J.l J... ~, personally ap red It .4i:F6 1lP..I4J. 1\ ~ ' known to me to be the __. .ll/J7//c/J /11;2'-iAJEtZ.. 0 ozeman F & G limited Partnership, and whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. 1....~.....~~~....~~....1'"~~1' ~AU)?Jt&~ ~ ...."'LEEN....E "VI'E I No ry Public, State of;:Ja' - :c (''f? .'~ COMM. 1959~7 Residing at -<3/.J/J ~Ai. J~ Z 1~... ~ . . - Notary PubliO-calllornla f z .;~> ...., .. ~ SAN DIEGO COUNTY - My Commission expires:~ ~ );:'70 J " . ." My comm. OJIP/I9S MAA 08, 19961 ~ ~ ~ _ ~ J ~ _ ~ ~ ~ ~ ~ EXHIBIT "A" ..----- ..--.--- --' ~ I I I I l_ FilM 133 PACf3982 MENDENHALL ST. ............ ...... 23 I ............ ............ ............ :::::::::::: 22 .:.:.:.:.:.:. 2 ............. ............. _.. ......'...... ............. ............. :.:-:.:.:.:.: 3 21 ............. .:-:.:.:.:.:. :.:-:.:.:.;.: ':':0:';':':' :-:.:.:.:.:-: .:.:.:.:.:-:. .O~ 4 20 ....'........ :.:.:.:.:.:.: ............ .:.:.:.:.;.: ....., ~\ '::::::::;::: ............ 6 19 ............ ^\J' ....'....... ............ ............. ............. ~V ............ .:.:.:.:-:.: 6 18 ............. ............. .............