HomeMy WebLinkAboutResolution 3511, Intent to vacate 5th & Baxter
COMMISSION RESOLUTION NO. 3511
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE AND VACATE THOSE PORTIONS OF NORTH 5TH AVENUE AND
BAXTER LANE GENERALLY LOCATED BETWEEN THE NORTH RIGHT-OF-WAY
LINE OF WEST OAK STREET AND THE EAST RIGHT -OF-WAY LINE OF NORTH
7TH AVENUE IN THE CITY OF BOZEMAN, MONTANA.
WHEREAS, a petition to vacate the street rights-of-way for that portion of North
5th Avenue/
Baxter Lane generally located between West Oak Street and North 7th Avenue, has
been filed with the
Clerk of the City Commission of the City of Bozeman by Gaston Engineering on behalf
of George
Westlake and Kay Martinen, owners of the property abutting the subject street rights-of-way,
as shown
in Exhibit "A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portion of street 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 <1'f 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 street 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 North 5th Avenue/Baxter Lane rights-of-way
generally located
between the north right-of-way line of West Oak Street and the east right-of-way
line of North 7th
Avenue, as shown on Exhibit "A" attached hereto, and more particularly described
as follows:
Beginning at a point which bears N79003'26"W a distance of 530.07 feet from the
E~
corner of said Section 1, said point being on the east right-of-way line of North
5th
Avenue; thence S89049'34"W a distance of60.01 feet to a point on the west right-of-
way line of said avenue; thence along said westerly right-of-way line and the south
right-of-way line of said Baxter Lane N01 o16'30"E a distance of 277.32 feet, along
a
curve to the left having a radius of 150.00 feet a distance of 235.63 feet, and
N88043'30"Wa distance of 520.03 feet to the intersection of said Baxter Lane right-
of-way line and the east right-of-way line of North7th Avenue; thence along said
North
7th Avenue right-of-way line N01 o16'30"E a distance of 60.00 feet to its intersection
with the north right-of-way line of Baxter Lane; thence along said north right-of-way
line and the east right-of-way line of North 5th Avenue S88043'30"E a distance
of
520.03 feet, along a curve to the right having a radius of 210.00 feet a distance
of
329.87 feet, and S01 o16'30"W a distance of 275.80 feet to the Point of Beginning.
Said tract being 1.487 acres.
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The vacation shall not affect any existing rights-ot-way or easements ot any property
owners
or the right ot any public utility to continue to maintain existing plant and equipment
in the street rights-ot-
way.
Section 2
Notice
The Clerk ot the Commission is hereby directed to publish notice in a daily newspaper
ot
general circulation in the City ot Bozeman, which notice shall state the date,
time and place at which
objections will be heard, as required by Section 7-1-4127, M.C.A.
Section 3
Time tor 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 Monday, the
11th day of March 2002, 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 rights-ot-way.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereot held on the 19th day ot February 2002.
ATTEST:
STE4K'~~
~1~
R BIN L. SULLIVAN
Clerk of the Commission
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_u___...__ _.___.._ .. n... __ _ .._..._ _. __ _...._._.... _ .._ .__.__ _...'._~'.
NOTICE OF INTENT TO VACATE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 19th day of February
2002,
the City Commission of the City of Bozeman, Montana, duly and regularly passed
and adopted
Commission Resolution No. 3511, entitled:
COMMISSION RESOLUTION NO. 3511
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE AND VACATE THOSE PORTIONS OF NORTH 5TH AVENUE AND
BAXTER LANE GENERALLY LOCATED BETWEEN THE NORTH RIGHT ~OF-WA Y
LINE OF WEST OAK STREET AND THE EAST RIGHT ~OF~WA Y LINE OF NORTH
7TH AVENUE IN THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 11 th day of March 2002, 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 discontinuance and vacation
of the street
rights-at-way more particularly described in the Resolution ot Intention, and is
the time and place for any
person whose property abuts upon the portion of the street rights-of-way affected
by the proposed
vacation to appear and object, if they wish to do so.
This notice is given pursuant to Section 7-14-4114 , M.C.A.
DATED this 20th day of February 2002.
~.stu~
Clerk of the Commission
P.O. Box 1230
Bozeman, Montana 59771
(406) 582-2320
Legal Ad
Publish: Sunday, February 24,2002
Sunday, March 3, 2002
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