HomeMy WebLinkAboutOrdinance 93- 1358, Street vacation (2)
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F!L~ 133 PACE3983
ORDINANCE NO. 1358
AN ORDINANCE Of THE CITY COMMISSION
Of THE CITY OF
BOZEMAN, MONT ANA, VACATING AND ABANDONING THAT PORTION
Of NIKLES DRIVE APPROXIMATELY 180.20 fEET LONG AND LYING
EAST Of THE GILKERSON DRIVE RIGHT-Of-WAY, LOCATED IN
THE
McCHESNEY INDUSTRIAL PARK SUBDIVISION.
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 Nikles Drive
approximately 180.20 feet long and lying east of the
Gilkerson Drive right-of-way, located
in the McChesney Industrial Park Subdivision; and
WHEREAS, the City Commission of the City of Bozeman,
Montana, on the 23rd day
of November 1992, at its regular meeting, passed and
adopted Commission Resolution No.
2894, declaring it to be the intention of the City Commission
to vacate and abandon that
portion of the Nikles Drive approximately 180.20 feet
long lying east of the Gilkerson Drive
right-of-way, located in the McChesney Industrial Park
Subdivision; and
WHEREAS, the notice of the adoption of said Resolution
was published in the
Bozeman Daily Chronicle on the 29th day of November
1992, 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 14th day of
December 1992 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 14th day of
December 1992, 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 right-of-way,
while preserving an easement therein for any public
utility to continue to maintain existing
plant and equipment in said street right-of-way.
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FllH
133 P,~CE3984
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY
OF BOZEMAN:
That the following street right-of-way 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 Nikles Drive approximately 180.20 feet
long and lying east
of the Gilkerson Drive right-of-way, located in the
McChesney Industrial
Park Subdivision.
PROVISIONALLY PASSED AND ADOPTED by the City Commission
of the City of
Bozeman, Montana, at a regular session thereof held on the 21st day of December 1992.
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./~~:~~rr$PASSED AND ADOPTED by the City Commission of the City of Bozeman,
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Montana, at a regular session thereof held on the
4th day of January 1993.
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APPROVED AS TO FORM:
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tiii~ AREA VACATEO BY THIS OROINANCE
EXHI BIT "An
CITY COMMISSION
ORDINANCE NO.
1358
OEC. 1992 ~ .
P'"( ,
~67904 ~{HIS INSTRUMENT WAS FILED FO~ RECORD IN THIS OFFICE ON--
THE
14 DA Y OF JULY A.D. 19 93
OFFICE OF COUNTY RECORDER) , ,
COUNTY OF GALLATIN ) AT 3:49 PM., AND WAS DULY RECORDED IN BOOK 133
STATE OF MONTANA )
OF MISCELLANEOUS
RECORDS, PAGE 3983
Fee $ 24.00 "
. Shelley M. 'Cheney
RECORDER. BY Gf'V\ III ~(1"'rJl~ DEPUTY
RT: CITY OF BOZEMAN
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