HomeMy WebLinkAboutResolution 3714 Vacating N Ida, East Lamme to alley
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COMMISSION RESOLUTION NO. 3714
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, VACATING AND ABANDONING THAT 16-FOOT-WIDE BY 150-FOOT-
LONG PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 15, BLOCK I,
ROUSE'S ADDITION, AND LOT 1, BLOCK 32, NORTHERN PACIFIC ADDITION,
AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE
OF EAST LAMME STREET AND THE NORTH RIGHT-OF-WAY LINE OF THE
EASTIWEST ALLEY TO THE SOUTH, 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 John M. Radick V, owner of the property abutting a portion of said street right-of-way; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 2nd day of June 1997,
at its regular meeting, passed and adopted Commission Resolution No. 3182, declaring it to be the
intention of the City Commission to vacate and abandon the 16-foot-wide by 150-foot-long portion of North
Ida Avenue between the south right-of-way line of East Lamme Street and the north right-of-way line of
the east/west alley to the south; and
WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily
Chronicle on the 5th day of June 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 16th day of June 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 16th day of June 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; and
WHEREAS, ownership of Lots 15 and 16, Block I, Rouse's Addition, has changed; and
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WHEREAS, the new owner, Matt Madden, has actively pursued having the vacation of North Ida
Avenue completed, as proposed in Commission Resolution No. 3182; and
WHEREAS, upon vacating or abandoning the street right-of-way, ownership of the abandoned
right-of-way reverts to the abutting landowners from the edges of their respective properties to the
centerline.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman:
That the 16-foot-wide by 150-foot-long portion of North Ida Avenue between the south right-of-
way line of East Lamme Street and the north right-of-way line of the east/west alley to the south, 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, more
particularly described as follows:
That 16-foot-wide by 150-foot-long portion of North Ida Avenue lying between Lot 15,
Block I, Rouse's Addition, and Lot 1, Block 32, Northern Pacific Addition, and more
particularly lying between the south right-of-way line of East Lamme Street and the
north right-of-way line of the east/west alley to the south, in the City of Bozeman,
Montana.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 16th day of August 2004.
_ AN . CETRARO, Mayor
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TIMOTHY A. COOP R -
Acting City Attorney
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Vacation
August 12, 2004
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