HomeMy WebLinkAboutOrdinance 98- 1461, Street vacation (9)
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ORDINANCE NO. 1461 filM 182 P~.Ct45b~j
AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN,
MONTANA, VACATING AND ABANDONING THAT 30-fOOT-WIDE SERVICE
DRIVE RIGHT -Of-WAY LYING ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1,
ROYAL VISTA SUBDIVISION, AND MORE PARTICULARLY LYING BETWEEN THE
SOUTH RIGHT-Of-WAY LINE Of WEST OAK STREET AND THE NORTH RIGHT-
Of-WAY LINE Of WEST BIRCH STREET 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 Mike Gaffke, representing The Bozeman Inn Condominium, owner of the
property abutting the west side of said portion of the service drive right-of-way; and
WHEREAS. the City Commission of the City of Bozeman, Montana, on the 15th day of
September 1997, at its regular meeting, passed and adopted Commission Resolution No. 3201.
declaring it to be the intention of the City Commission to vacate and abandon that portion of
service drive lying adjacent to Lots 9 through 14, Block 1, Royal Vista Subdivision; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
Daily Chronicle on the 24th day of September 1997, 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 service drive 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 6th day of October 1997
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 6th day of October
1997, 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 service drive right-of-way,
. while preserving an easement therein for any public utility to continue to maintain existing plant and
equipment in said service drive right-of-way. contingent upon execution of easements for sidewalk
and public access as well as traffic signal, utility and access; and
WHEREAS, the required easements have been executed and submitted to the City.
NOW, THEREfORE, BE IT ORDAINED by the City Commission of the City of Boitnan:
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~ . 182 PACE4570
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That that portion of the 3D-foot-wide portion service drive located along the west side of
North 7th Avenue between West Oak Street and West Birch Street, as depicted on Exhibit" A", and
attached hereto, be vacated while preserving an easement therein for any public utility to continue
to maintain existing plant and equipment in said service drive right-of-way, more particularly
described as follows:
. That portion of the 3D-foot-wide service drive lying adjacent to Lots 9 through
14, Block 1, Royal Vista Subdivision, in the City of Bozeman, Montana.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 2nd day of February 1998.
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ALFRED / TI F, Mayor -
. Montana, on second reading at a regular session thereof held on the 17th day of February 1998.
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APPROVED AS TO FORM:
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FIlM 182 PACE4571
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'., EXHIBIT " A"
A TRACT OF LAND BEING A PORTION OF THE 30
FOOT
BASIS OF BEARING WIDE SERVICE DRIVE ALONG THE EAST LINES OF LOTS
PLA T OF ROYAL VISTA SUBOIVISION 9 THRU 14 IN BLOCK 1, ROYAL VISTA SUBDIVISION,
.AREA SITUA TED IN THE SE1 /4 SECllON 1, T2S.,
R5E., P .M.M.
GROSS AND NE T AREA: 0.309 ACRES CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
I ;-::<-::<~I AREA TO BE VACATED AND DESCRIBED BY_, THE EXHIBIT BELOW:
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.JULY 29, 1997
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