HomeMy WebLinkAboutResolution 4438 Establishing Public Right of Way on Rouse COMMISSION RESOLUTION NO.4438
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A PUBLIC RIGHT OF WAY ON CITY PROPERTY IN
BLOCK E OF ROUSE'S 2ND ADDITION AND REESTABLISHING A RIGHT-OF-WAY
IN THE ALLEY OF BLOCK E OF ROUSE'S 2ND ADDITION AND DIRECTING THE
CITY MANAGER TO FILE AN AMENDED PLAT AGGREGATING LOTS 21 — 30 OF
BLOCK E OF ROUSE'S 2 ID ADDITION AND SHOWING SAID RIGHTS OF WAY.
WHEREAS, pursuant to Section 7-14-4101, MCA, the City Commission of the City
of Bozeman has the power to establish public rights-of-way for alleys and other public purposes;
and
WHEREAS, the City of Bozeman is the owner of Lots 21 —30 of Block E of Rouse's
2nd Addition pursuant to a warranty deed dated September 28, 2001; and
WHEREAS, on April 23, 2013 the Board of Trustees for the Bozeman City Library
adopted the following motion, "Having considered public comment, I move to authorize the
establishment of a public right-of-way as shown on Exhibit A [to a memorandum dated April 19,
2013 prepared by City Attorney] and authorize the Bozeman City Manager to take all necessary
steps to create said right of way including, if necessary, the recording of an amended plat
depicting the right-of-way and aggregating the ten parcels owned by the City for Library
purposes as shown on Exhibit A in Block E, Lots 21 -30 of Rouse's 2nd Addition" and clarifying
the northern edge of said turnaround is to be located 100 feet from the north property line of lot
30, Block E, Rouse's 2"d Addition; and
WHEREAS, the City Commission hereby wishes to establish a public right of way on
the above described property in the location as shown on Exhibit A to this Resolution for the
purpose of establishing a turn around to protect public health and safety; and
WHEREAS, the original plat for Rouse's 2nd Addition filed in 1881 shows a public
right-of-way in the location shown on Exhibit A to this Resolution and the City Commission
desires to reestablish said right-of-way pursuant to its authority under law; and
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WHEREAS, the City Commission desires to aggregate lots 21 — 30 of Rouse's 2"d
Addition.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana,that:
1. The City Commission determines the establishment of a public right-of-way for
turnaround purposes on Lots 21 — 30 of Block E of Rouse's 2"J Addition provides for
improved fire and emergency service to the lots to the west of Block E and to the City
owned property within Block E and to City owned property to the east of Block E and
as such is in the best interest of the public; and, furthermore, the City Commission
determines the establishment of a right-of-way for turnaround purposes does thereby
benefit City land and in no way impedes the current or anticipated future Library
related uses of this City owned land.
2. The City Commission determines the filing of an amended plat aggregating Lots 21 -
30 of Block E of Rouse's 2"d Addition does hereby provide a benefit to the City.
3. A public right-of-way for turnaround purposes is hereby established on Lots 21 —30 of
Block E of Rouse's 2"d Addition to the City of Bozeman as shown on Exhibit A.
4. The right-of-way dedicated to the public on the 1881 plat of Block E of Rouse's 2"d
Addition to the City of Bozeman, Gallatin County, Montana, and which lies east of and
adjacent to Lots 21 — 30 of Block E is hereby reestablished as a public-right-of-way as
that right-of-way exists beginning at the southeast comer of Block E of Rouse's Second
Addition to the City of Bozeman, Gallatin County, Montana; then west along the south
line of said Block E 165 feet to the east line of the alley in said Block E at the
southwest comer of Lot 21, the true point of beginning; then north along the east line of
the alley a distance of 300 feet to the northwest comer of Lot 30 of Block E; then west
a distance of 25 feet to the northwest comer of Lot 11, then south 300 feet along the
west line of the alley to the southeast comer of Lot 20; then east a distance of 25 feet to
the southwest comer of Lot 21, the true point of beginning.
5. Nothing herein shall be deemed to effect the legal status of or to vacate any portion of
the alley right-of-way in the northern part of Block E as shown on the plat of Rouse's
2"d as that right-of-way exists beginning at the northeast comer of Block Eof Rouse's
Second Addition to the City of Bozeman, Gallatin County, Montana; then west along
the north line of Block E 165 feet to the east line of the alley in said Block E at the
northwest comer of Lot 40, the true point of beginning; then south along the east line of
the alley a distance of 150 feet to the southeast comer of Lot 36; then west 25 feet to
the southwest comer of Lot 5 then north along the west line of the alley 150 feet to the
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northeast comer of Lot 1; then east a distance of 25 feet to the northwest comer of Lot
40, the true point of beginning,
6. The City Manager shall take all necessary steps fulfill the terms of this Resolution
including aggregating lots 21 — 30 of Block E of Rouse's 2"d Addition owned by the
City through the filing of an amended plat with said amended plat showing the rights-
of-way established and reestablished herein.
PASSED AND APPROVED: by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the day of 2013.
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ay of , 2013*
SEAN A.BE
Mayor
ATTEST-.
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APPROVED AS TO FORM:
GREG/SULLIVAN
City Attorney
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Exhibit A to Res 4.389
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PROPOSED AGGREGATION DATE- 4-29-2413 "THE CITY OF BOZEMAN
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ROUSES 2ND ADDITION PROJECT No.: i PROM c•06)�- --FAL( )see-