HomeMy WebLinkAboutResolution 2894 Intent to vacate 180.20 feet of Nikles Drive
, \
COMMISSION RESOLUTION NO. 2894
A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION Of
SAID
COMMISSION TO VACATE AND ABANDON THE PORTION OF NIKLES
DRIVE APPROXIMATELY 180.20 fEET LONG AND LYING EAST Of THE
GILKERSON DRIVE RIGHT-Of-WAY, LOCATED IN THE McCHESNEY
. INDUSTRIAL PARK SUBDIVISION.
WHEREAS, there has been filed with the Clerk of the City Commission of the City
of Bozeman a petition by James W. Kack, owner of the property south of and abutting the
Nikles Drive right-of-way lying east of the Gilkerson Drive right-of-way, as shown in Exhibit
"A" attached hereto; and
WHEREAS, it appears to the City Commission that the subject portion of Nikles
/
Drive 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 street right-af-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 street right-of-way, while preserving any 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:
The portion of Nikles Drive right-of-way approximately 180.20 feet long
and lying east of the east right-of-way line of Gilkerson Drive, located in
. the McChesney Industrial Park Subdivision.
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
____n
required upon all persons who are owners or purchasers under contracts tor deed of property
that abuts upon the portion ot the above-described street right-ot-way affected by the
proposed vacation and to publish notice once in a daily newspaper ot general circulation in
the City ot Bozeman, which notice shall state the time and place at which objections will be
.heard.
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 14th day ot December 1992, 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-ot-way.
PASSED AND ADOPTED by the City Commission ot the City of Bozeman, Montana,
at a regular session thereot held on the 23rd day ot November 1992.
. .
t
ATTEST:
.........,
(/J: J~
ROBIN L. SULLIVAN
Clerk ot the Commission "
APPROVED AS TO FORM:
~~
. Ofl} v/ ~~
~ULJ.l .
City AtyMney
.
~.
- 2 -
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Commission Resolution No. 2894 was published by title and
number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published
. in said City, in the issue dated the 25th day of November 1992, and due proof of such publication
is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
(}~J ~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
.- '- -
.. EXHIBIT "A"
" RlM-87.5
, N INV. 11'1-78.$1
f INV. ooT-76.54
I I ~
~ I <(~
!I I ~
I -<.;: LOT 58
"'1 ~ OECOSSE. DONALD J.
LOT 15 J5" J.I\W[S VI. " DENNIS CATlIN
2302 SPRING CREEK CAtvt
NOI'ITHWOOD lAND II: UV(STOCK CO. '\: ~ BOZEWNI "T 58715
lMTED PARTNERSHIP I . .
2110 BROOKWOOO ~<v I ~
FT. COlLINS. CO. C)
10525 ~<<; I oC: ........::::::.'..::::::::.:::. I
I ~ .............................
::..::..::::........:.-::....:................ I
.............................
.............................
~ I ::..:............................................:::
;;;miXMWM2im ! ~ 1RANCEji@iii
~~!fifiii#i.,#jiijiiiL II;;{;X;;~;;~;;;;;;;
':::::::;:::wi.RriiouSi;::;::::-:::;:;. I ........................... .
...::........:....::::::..::......:..:....:: '.' I
............................ ...
......:........:..........:....:.............:..:..:... ~ SA
............................. . I I
. ................................
LO T 14 ::::::::::::::::::::: '::::::.. :. I ~ ~J"'ES W."a- ~IS TnN
NORni~ lAND ", UVESTOCK CO. Ij 2302 SPRING DRI
UWtTED ARTNERSH ~ RIM-4701.l2 I ~ aOZEM"". MT. 5'715
2110 8R()OI(WOOO 1'1 INV. ooT-4I83.7
n. COLUNS. CO. I!' VI INV. IN-4eD4.01
8OeI2S INV. 11'1-41 . 2
I
I
I
I I
I I
I I
I
-
~
161 =='"
- - -..u
----
LC
3:5,633:
. 0.818
- -.....
18-
S U is..) E" C-r
_ ARtA
. - ----------.-------.
NOTICE IN RE
COMMISSION RESOLUTION NO. 2894 Of THE CITY Of BOlEMAN,
MONTANA, STATING THE INTENTION TO VACATE AND ABANDON THE
PORTION Of THE NIKLES DRIVE RIGHT-Of-WAY APPROXIMATELY
180.20 fEET LONG AND LYING EAST Of THE EAST LINE Of THE
GILKERSON DRIVE RIGHT-Of-WAY, LOCATED IN THE McCHESNEY
. INDUSTRIAL PARK SUBDIVISION IN THE CITY Of BOlEMAN.
NOTICE IS HEREBY GIVEN that on the 23rd day of November 1992, at the regular
meeting of the City Commission of the City of Bozeman, Montana, the said City Commission
duly and regularly passed and adopted Commission Resolution No. 2894, entitled:
COMMISSION RESOLUTION NO. 2894
A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOlEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION
Of SAID
COMMISSION TO VACATE AND ABANDON THE PORTION Of NIKLES
DRIVE RIGHT -Of-WAY APPROXIMA TEL Y 180.20 fEET LONG AND LYING
EAST Of THE EAST LINE Of GILKERSON DRIVE RIGHT-Of-WAY,
LOCATED IN THE McCHESNEY INDUSTRIAL PARK SUBDIVISION.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 14th day of December
. 1992, 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 said street right-of-way as more particularly described in said 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.
This notice is given pursuant to Section 7-3-4448, M.C.A.
DATED this 24th day of November 1992.
. ~ J.:LB~
IN L. SULLIVAN
Clerk of the Commission
Legal Ad
.
..
Publish: Sunday, November 29, 1992
...---- --.---- ~
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Notice in Re for Commission Resolution No. 2894 was
. published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed
and published in said City, in the issue dated the 29th day of November 1992, and due proof
of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
~~~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
-2-