HomeMy WebLinkAboutOrdinance 92- 1356, Street vacation
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ORDINANCE NO. 1356 FILM
133 PACf3991
AN ORDINANCE
OF THE CITY COMMISSION OF THE
CITY OF
BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION
OF FRYSLlE STREET ADJACENT TO LOTS 21, 22, 23, 24, 25, 26, 27,
28, 29, AND 30 OF THE AMENDED SUBDIVISION PLAT OF BLOCK 9,
FIGGINS ADDITION, PHASE I.
WHEREAS, there has been filed with the Clerk of the City Commission of the City
of Bozeman a petition by the owner of the property abutting that portion of Fryslie Street
right-of-way lying north and west of a line extending from the northwest corner of Lot 31
to the northeast corner of Lot 20, both of the Amended Subdivision Plat of Block 9, Figgins
Addition, Phase I; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 4th day
of May 1992, at its regular meeting, passed and adopted Commission Resolution No. 2859,
declaring it to be the intention of the City Commission to vacate and abandon that portion
of the Fryslie Street right-of-way lying adjacent to Lots 21, 22, 23, 24, 25, 26, 27, 28, 29
and 30 of the Amended Plat of Block 9, Figgins Addition, Phase I; and
WHEREAS, the notice of the adoption of said Resolution was published in the
Bozeman Daily Chronicle at least once, to wit on the 7th day of May 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 18th day of May
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 18th day of
May 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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filM 133 p~Ct3992
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 the Fryslie Street right-of-way lying adjacent to Lots 21,
22, 23, 24, 24, 26, 27, 28, 29 and 30 of the Amended Subdivision Plat
of Block 9, Figgins Addition, Phase I.
PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 9th day of November 1992.
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'TIMOTHY SW ON, Mayor
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FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the
23rd day of November 1992.
~dL~~
IMOTHY SWA ON, Mayor
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FILM 133 PACt 3993
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