HomeMy WebLinkAboutResolution 3716 Intent to vacate Oak & Black alley at Fairgrounds (Bozeman Pea Cannery Properties)
...n _.,._~".,____ "n - _.~
COMMISSION RESOLUTION NO. 3716
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 PORTIONS OF THE RIGHTS-OF~WAY
FOR WEST OAK STREET, NORTH BLACK AVENUE AND NORTH/SOUTH ALLEY
IN BLOCKS 3 AND 4, IMES ADDITION, IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, a petition to vacate the street rights-of-way for West Oak Street and North Black
Avenue in Blocks 3 and 4, Imes Addition, and the alley right-of-way for the north/south alley in Block 4,
Imes Addition, has been filed with the Clerk of the City Commission of the City of Bozeman by Susan
Swimley, attorney representing Bozeman Pea Cannery Properties, LLC, owner of a portion of the
property abutting the street and alley rights-of-way, as shown in Exhibit "A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portions of street and alley
rights-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 rights-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 rights-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 portions of the street rights-of-way for West Oak Street and North Black Avenue in
Blocks 3 and 4, Imes Addition, and the alley right-of-way for the north/south alley in Block 4, Imes
Addition, more particularly described as follows:
All that portion of the north/south alley in Block 4, Imes Addition, in the City of
Bozeman, from the north line of said Block 4 to the north line of the 3D-foot right-of-
way established for West Oak Street by Ordinance No 575.
All that portion of North Black Avenue adjacent to Blocks 3 and 4, Imes Addition in
the City of Bozeman, described as follows: Beginning at the southerly line of Tract
B, Amended Plat C-41-E of Blocks 3 and 4, Imes Addition, thence south to the north
line of the 3D-foot right-of-way established for West Oak Street by Ordinance No. 575.
All that portion of the 3D-foot-wide right-of-way established for West Oak Street by
Ordinance No. 575 through Blocks 3 and 4, Imes Addition to the City of Bozeman, the
centerline of which is described as follows: Beginning at the intersection of the
centerline of said 3D-foot-wide right-of-way with the southerly line of Tract B,
Amended Plat C-41-E of Blocks 3 and 4, Imes Addition; thence westerly a distance
.
of 415 feet more or less; thence northerly a distance of 137 feet more or less to the
north line of said Block 4.
The vacation shall not affect any existing rights-ot-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 and alley
rights-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 owner, which notice shall state the time and place at which objections will be heard.
Section 3
Time for Obiections
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 and alley rights-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 200
ATTEST:
rJp~ Q
IN L. S LlIVAN rh--I
Clerk ot the Commission
APPROVED AS TO FORM:
-1'~fJ~ -
TIMOTHY A. COOP~R
Acting City Attorney
- 2 -
-------..-
George Westlake &:
Kay Martinen Bozeman Pea Can ry Properties,
LLC
O~ ~
~ ~"f
OAK 5T. ~~~~;(;~;1~~:1;:~~S~t;di~t;;tii~~~~::~\~;~;~;~<~;;:;f~i'i~~~~~~;:;~E;;~l:J;
-~~~
W 12"
Bozeman Pea
Cannery
-1ttr, Properties, LLC
('IV, /')
DCD I?-1C
j:J r &
0:];- W 12'
.........</
7.........
l;j C
l;j
...J
...J
...J
<(
...J
<(
30' R.O.W. OPENED Y DEED
(OLD OAK ST.)
Gallatin C 11.nty Fa i rgro11.nds BL K
3
BLOC 4
w 9<)
~
~ ~
u
w
:5
;;c
CD
Z
<(
~
w
BIRCH ST.
N
0
CD
~ I
II I
~
LEGEND
r~.~~:i:;l PREVIOUSLY VACATED STREET ~, PROPOSED STREET/ALLEY VACATION
E:2LJ PROPOSED STREET/ALLEY VACATION BLOCKS 3 & 4, IMES ADDITION
-W!.!:...-12" WATER MAIN 1"=100' CITY ENGINEERING OFFICE AUGUST
2004
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. 3716, entitled:
COMMISSION RESOLUTION NO. 3716
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 PORTIONS OF THE RIGHTS-OF-WAY
FOR WEST OAK STREET, NORTH BLACK AVENUE AND NORTH/SOUTH ALLEY
IN BLOCKS 3 AND 4, IMES ADDITION, 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 and alley rights-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 and alley rights-of-way affected by the proposed vacation
to appear and object, if they wish to do so.
DATED this 24th day of August 2004.
(lF2~
R BIN L. SULLIVAN
Clerk of the Commission
Legal Ad
Publish: Wednesday, August 25, 2004
Wednesday, September 1,2004