HomeMy WebLinkAboutResolution 3430 Intent to vacate alley, Block 117, Stoltzfus
COMMISSION RESOLUTION NO. 3430
A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION Of SAID COMMISSION TO
V ACA TE AND ABANDON A 150-fOOT -LONG SECTION Of THE EAST/WEST
ALLEY EXTENDING WESTWARD fROM THE WEST RIGHT-Of-WAY LINE Of
THE NORTH CHURCH AVENUE RIGHT-Of-WAY BETWEEN LOTS 7 THROUGH
12 AND LOTS 13 THROUGH 18, BLOCK 117, NORTHERN PACifiC ADDITION,
IN THE CITY Of BOZEMAN, MONT ANA.
WHEREAS, a petition to vacate the alley right-of-way for a 150-foot-long section
of the
east/west alley extending westward from the west right-of-way line of North Church
Avenue
between East Aspen Street and East Tamarack Street, has been filed with the Clerk
of the City
Commission of the City of Bozeman by Richard W. Stoltzfus, owner of a portion of
the property
abutting the alley right-of-way, as shown in Exhibit "A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portion of alley 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 alley 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 a portion of the east/west alley extending westward from the
west right-of-
way line of North Church Avenue between East Aspen Street and East Tamarack Street,
more
particularly described as follows:
That 150-foot-long portion of the alley right-of-way for the east/west alley
extending westward from the west right-of-way line of North Church Avenue
between Lots 7 through 12 and Lots 13 through 18, Northern Pacific Addition,
in the City of Bozeman, Montana.
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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 alley right-ot-way.
Section 2
Notice
That the City Manager of the City of Bozeman is hereby directed to serve notice of the
adoption of this resolution of intention in the same manner that service of summons
is required
upon all persons who are owners or purchasers under contracts for deed of property
that abuts
upon the portions of the above-described alley right-of-way affected by the proposed
vacation
and to publish notice once in a daily newspaper of general circulation in the City
of Bozeman,
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
Monday, the 2nd day of April 2001, 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 alley right-
of-way.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 19th day of March 2001.
ATTEST:
MARl!i ~~~yor
~:I~
R . SULL AN
Clerk of the Commission
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NOTICE OF INTENT TO V ACA TE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 19th day of March
2001, the City Commission of the City of Bozeman, Montana, duly and regularly passed
and
adopted Commission Resolution No. 3430, entitled:
COMMISSION RESOLUTION NO. 3430
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON A 150-FOOT.LONG SECTION OF THE EAST/WEST
ALLEY EXTENDING WESTWARD FROM THE WEST RIGHT-OF.WAY LINE OF
THE NORTH CHURCH AVENUE RIGHT.OF-WAY BETWEEN LOTS 7 THROUGH
12 AND LOTS 13 THROUGH 18, BLOCK 117, NORTHERN PACIFIC ADDITION,
IN THE CITY OF BOZEMAN, MONT ANA.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 2nd day of April 2001, 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 alley 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 alley right-of-way affected
by the
proposed vacation to appear and object, if they wish to do so.
This notice is given pursuant to Section 7-3-4448, M.C.A.
DATED this 20th day of March 2001.
~J~~
I . . SULLIVAN
Clerk of the Commission
P.O. Box 1230
Bozeman, Montana 59771
(406) 582.2320
Legal Ad
Publish: Wednesday, March 21, 2001
Wednesday, March 28, 2001