HomeMy WebLinkAboutResolution 3717 Intent to vacate Lincoln St from S 5th west (Buckhalter)
COMMISSION RESOLUTION NO. 3717
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE THAT PORTION OF THE RIGHT-OF-
WAY FOR WEST LINCOLN STREET IN BLOCK 51, CAPITOL HILL ADDITION,
EXTENDING WESTWARD FROM SOUTH FIFTH AVENUE APPROXIMATELY 143
FEET, IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, a petition to vacate the street right-of-way for West Lincoln Street in Block 51,
Capitol Hill Addition, has been filed with the Clerk of the City Commission of the City of Bozeman by
Sharon Burkhalter, owner of a portion of the property abutting the street right-of-way, as shown in Exhibit
"A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portion of street right-of-way can
be vacated without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman
and the inhabitants therein that said right-of-way be vacated, provided that said vacation does not affect
the right of any public utility to continue to maintain its plant and equipment in said right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to vacate that portion of the street right-of-way for West Lincoln Street in Block 51 , Capitol Hill
Addition, more particularly described as follows:
All that portion of the West Lincoln Street right-of-way in Block 51, Capitol Hill
Addition, extending from the west right-of-way line of South Fifth Avenue west for a
distance of approximately 143 feet.
The vacation shall not affect any existing rights-of-way or easements of any property owners
or the right of any public utility to continue to maintain existing plant and equipment in the street right-of-
way.
Section 2
Notice
That the Clerk of the Commission of the City of Bozeman is hereby directed to publish notice
in Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the
affected property owners, which notice shall state the time and place at which objections will be heard.
Section 3
Time for Objections
That the regular session of the City Commission of the City of Bozeman to be held at the
Commission Room in the Municipal Building, 411 East Main Street, Bozeman, Montana, on Tuesday,
the 7th day of September 2004, at the hour of 7:00 p.m. of said day is the time and place where and
when the City Commission will hear all objections to the vacating of said street right-of-way.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 23rd day of August 2004
ATTEST: AND
~.~~
Clerk of the Commission
APPROVED AS TO FORM:
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TIMOTHY A. COO R-'
Acting City Attorney
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Vacated Ord 789
MSU ! Proposed Vacation
~/ Proposed Turnaround Easement
To Be Retained Exhibit A
Attachment to Commission Resolution
City Engineering Office 1/15/04
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Not To Scale
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NOTICE OF INTENT TO VACATE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 23rd day of August 2004,
the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted
Commission Resolution No. 3717, entitled:
COMMISSION RESOLUTION NO. 3717
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE THAT PORTION OF THE RIGHT-OF-
WAY FOR WEST LINCOLN STREET IN BLOCK 51, CAPITOL HILL ADDITION,
EXTENDING WESTWARD FROM SOUTH FIFTH AVENUE APPROXIMATELY 143
FEET, IN THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 7th day of September 2004, at 7:00
p.m. at the Commission Room in the Municipal Building, 411 East Main Street, Bozeman, Montana, is
designated as the time and place to hear objections to the vacation of the street right-of-way more
particularly described in the Resolution of Intention, and is the time and place for any person whose
property abuts upon the portion of the street right-of-way affected by the proposed vacation to appear
and object, if they wish to do so.
DATED this 24th day of August 2004.
~~si:u~
Clerk of the Commission
Legal Ad
Publish: Wednesday, August 25,2004
Wednesday, September 1,2004