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HomeMy WebLinkAboutOrdinance 92- 1352, Alley vacation ~., ~ .-....~.~ --------- .---.. ~- <~ ' If" . f' ORDINANCE NO. 1352 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. VACATING AND ABANDONING THE NORTH/SOUTH ALLEY LYING BETWEEN LOTS 1 THROUGH 20. BLOCK C. ALDERSON'S 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 owner of the property abutting the north/south alley in Block C, between Lots 1 through 20, Alderson's Addition, requesting that said alley right-of-way be vacated and abandoned; and WHEREAS, the City Commission of the City of Bozeman, Montana. on the 27th day of July 1992, at its regular meeting. passed and adopted Commission Resolution No. 2870, declaring it to be the intention of the City Commission to vacate and abandon the north/south alley right-of-way lying between Lots 1 through 20, Block C, Alderson's Addition; and WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle at least once, to wit on the 5th day of August 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 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 17th day of August 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 17th day of August 1991, 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 the following alley right-of-way 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 follows: The north/south alley lying between lots 1 through 20, Block C, Alderson's Addition to the City of Bozeman. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of August 1992. ~:6~ ATTEST: (jjt;/~ ROBIN L. SULLIVAN Clerk of the Commission FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of September 1992. ~~ TIMOTHY SW ON, Ma~ ATTEST: R~S~#~ Clerk of the Commission APPROVED AS TO FORM: - 2 - .-..--