HomeMy WebLinkAboutOrdinance 98- 1459, Street vacation (7)
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ORDINANCE NO. 1459 fILM 182 PACE4573
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. V ACA TING AND ABANDONING THAT 30-FOOT -WIDE BY
APPROXIMATEL Y 996.6-FOOT-LONG PORTION OF 4TH AVENUE S.E. (IDA
A VENUE) LYING ALONG THE EAST SIDE OF BLOCKS 22. 23 AND 24,
ELECTRIC HEIGHTS ADDITION, AND ALONG THE WEST SIDE OF LOTS 1
THROUGH 4, BLOCK 1, GRAF'S FIRST SUBDIVISION, SECOND FILING, 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 Gallatin Valley Land Trust on behalf of Simgraf Corporation, one of the
owners of the property abutting said portion of street right-of-way; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 17th day of
November 1997, at its regular meeting, passed and adopted Commission Resolution No. 3212,
declaring it to be the intention of the City Commission to vacate and abandon that portion of 4th
Avenue S.E. (Ida Avenue) lying along the east side of Blocks 22, 23 an 24, Electric Heights
Addition, and along the west side of Lots 1 through 4, Block 1, Graf's First Subdivision, Second
Filing; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman
. Daily Chronicle on the 26th day of November 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 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 15th day of December
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 15th day of
. December 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 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, contingent upon the property owners providing a
dedicated trail corridor easements for the Simkins Spur Trail.
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. 182 PACE4574
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NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman:
That that 30~foot.wide by 996.6-foot-long portion of the 4th Avenue S.E. (Ida Avenue)
right-of-way lying along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and
along the west side of Lots 1 through 4, Block 1, Graf's First Subdivision, Second Filing, 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 street right-of-
way.
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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PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the 17th day of February
1998.
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FR M. STIFF, Mayor
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APPROVED AS TO FORM:
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State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Ordinance No. 1459 was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City,
. in the issue dated the 20th day of February 1998. and due proof of such publication is on file
in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
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ROBIN L. SULLIVAN-
Clerk of the Commission
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82 ?~CE4575
EXHIBIT "A" ..
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/ BURKE PARK
TR. 2, MINOR SUB. 68
TR.2A
(OED. PARK)
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688 688
C.O.S. 1778
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JOSEPHINE
PARK
PARC EL A I
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TIIIS INSTRUMENT WAS FILED FOR RECORD IN 'rills OFFICE ON
TIlE DA Y OF
, A.D., 19
OFFICE OF COUNTY RECORDER) 25TH
MARCH 98
COUNTY OF GALLATIN )
AT 4:47 p 1\1., AND WAS DULY RECORDED IN BOOK 182
STATE OF MONTANA )
OF MISCELLANEOUS RECORDS, PAGE
4573
Fee $ 18.00 d~"lU~ qI~
RECORDER. BY d)1f- ~3i' ~' DEPUTY
RT: CITY OF BOZEMAN
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