HomeMy WebLinkAboutApprove Resolution 4499, Discontinuing, Abandoning and Vacating in Imes Addition
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer
SUBJECT: Approve Resolution 4499, Discontinuing, Abandoning and Vacating
portions of Streets and Alleys in Imes Addition to the City of Bozeman,
located in Section 6, Township 2 South, Range 6 East, Principal Meridian
Montana, Gallatin County, Montana.
MEETING DATE: December 19th, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 4499, Discontinuing, Abandoning and Vacating
portions of Streets and Alleys in Imes Addition to the City of Bozeman, located in Section 6,
Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana.
BACKGROUND: On the 24th day of September, 2013, the Montana Department of
Transportation (the MDT) filed a petition with the Bozeman City Clerk to discontinue the street
and alley rights-of-way within the confines of their facility at 907 N. Rouse Avenue. The petition
was acknowledged by the City Commission and referred to the Engineering Division for review
on October 14, 2013. For additional background on the petition please see the staff
memorandum from 10/14/2013. The Engineering Division has reviewed the proposal (see the
attached Engineering Report) and has found these rights-of-way could be discontinued without
detriment to the public interest.
Exhibit A to Resolution 3628 (2003) establishes procedures for the Commission’s determination
on a petition to discontinue a right-of-way. This resolution and is the final step in the established
procedures.
A public hearing took place on November 18th and Resolution 4489, a Resolution of Intent to
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Discontinue, Abandon and Vacate portions of Streets and Alleys in Imes Addition to the
City of Bozeman, located in Section 6, Township 2 South, Range 6 East, Principal Meridian
Montana, Gallatin County, Montana and the following motion by the City Commission passed
4-1:
“Having conducted a public hearing and considered public comment, I move to adopt the
findings provided in the staff memorandum and approve the petition by the Montana
Department of Transportation to discontinue the streets and alleys in and adjacent to Blocks
14, 15, and 28 of the Imes Addition as shown on Exhibit A of Resolution 4489 and to also
adopt Resolution 4489, a Resolution of Intent to discontinue the street and alley right-of-ways
as petitioned by the MDT”.
The Fee title to the land where the rights-of-way will be discontinued as provided in Section 1in
Resolution No. 4499, are hereby declared to revert to the State of Montana for the benefit and
use of the Montana State Highway Commission, Helena, Montana subject to any existing
easements held by any public or private entity for utility facilities.
UNRESOLVED ISSUES: None identified regarding the issues related to discontinuance.
Upon approval of the final resolution discontinuing these streets and alleys the approve plat and
final resolution will be filed with the Gallatin County Clerk and Recorder.
FISCAL EFFECTS: No significant effects identified. There is staff time associated
with preparing a plat and final resolution and costs of filing the plat and resolution with the Clerk
and Recorder. As indicated upon Commission receipt of the petition, Staff is preparing a
memorandum of understanding with MDT to describe the duties and responsibilities of the City
and MDT as we move forward to finalize the land exchange. The payment of fees for the
discontinuance (including recording costs) are relatively minimal and are subsumed per a
Memorandum of Agreement with MDT as part of the costs related to the land exchange.
Attachments: Commission Resolution No. 4499
Exhibit A, Final Plat
Report compiled on December 11, 2013
144
Resolution No. 4499
Page 1 of 3
COMMISSION RESOLUTION NO. 4499
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND
VACATING PORTIONS OF STREETS AND ALLEYS IN IMES
ADDITION TO THE CITY OF BOZEMAN, LOCATED IN SECTION
6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN
MONTANA, GALLATIN COUNTY, MONTANA.
WHEREAS, a petition to discontinue Montana Avenue adjacent to Blocks 14, 15, and
28 in said Imes Addition, Juniper Street from Rouse Avenue to Montana Avenue, Hemlock
Street from Rouse Avenue to Montana Avenue, and to vacate the alleys in Blocks 14, 15, and 28
of said Imes Addition, has been filed with the City Clerk by the Montana Department of
Transportation, owner of the property abutting the said street and alley right-of-ways, as shown
in Exhibit "A" attached hereto; and
WHEREAS, the City Commission of the City of Bozeman, Montana, on the 18th day
of November, 2013, at its regular meeting, passed and adopted Commission Resolution No.
4489, declaring it to be the intention of the City Commission to discontinue and abandon
Montana Avenue adjacent to Blocks 14, 15, and 28 in said Imes Addition, Juniper Street from
Rouse Avenue to Montana Avenue, Hemlock Street from Rouse Avenue to Montana Avenue,
and to discontinue and abandon the alleys in Blocks 14, 15, and 28 of said Imes Addition; and
WHEREAS, the notice of intent and the adoption of said Resolution was published in
the Bozeman Daily Chronicle on Sunday, November 10th and 17th, 2013 as appears on the
affidavit of publication of the publisher of said Bozeman Daily Chronicle, which is on file with
the City Clerk of the City of Bozeman; and
WHEREAS, notice was mailed in conformance with Resolution 3628 and a public
hearing was held on November 18, 2013 at which time reasonable opportunity was provided to
the public and those that have an interest in property abutting said rights-of-way to make
objections to the discontinuance of these rights-of-way; and
145
Resolution No. 4499
Page 2 of 3
WHEREAS, no legal objections to said vacation were presented on the 18th day of
November, 2013, 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 discontinue the subject street and alley
rights-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
The City Commission hereby orders the discontinuance of all the street and alley right-of-ways
in Imes Addition contained within the following metes and bounds:
BEGINNING at the southeast corner of Block 28 of said Imes Addition; thence westerly along
the north right-of-way line of Tamarack Street a distance of 354 feet to the southeast corner of
Block 27 of said Imes Addition; thence northerly along the west right-of-way line of Montana
Avenue a distance of 1,020 feet to the northeast corner of Block 13 of said Imes Addition; thence
easterly a distance of 60 feet to the northwest corner of Block 14 of said Imes Addition; thence
easterly along the north line of said Block 14 a distance of 354 feet to the northeast corner of said
Block 14; thence southerly along the west right-of-way line of Rouse Avenue a distance of 1,020
feet to the southeast corner of said Block 28, the point of beginning, as shown on “Exhibit A”
attached hereto.
The discontinuance shall not affect the right of any public utility to continue to
maintain existing plant and equipment in the street or alley rights-of-way.
Section 2
Fee Title to Revert to Montana Department of Transportation
Fee title to the land where the rights-of-way will be discontinued as provided in Section 1, above,
are hereby declared to revert to the State of Montana for the benefit and use of the Montana State
Highway Commission, Helena, Montana subject to any existing easements held by any public or
private entity for utility facilities.
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Resolution No. 4499
Page 3 of 3
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 19th day of December, 2013.
_________________________________________
SEAN A. BECKER
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________________
GREG SULLIVAN
City Attorney
147
Legend
STREET & ALLEY RIGHTS OF WAY TO BE DISCONTINUED
Parcels
EXHIBIT AATTACHMENT TORESOLUTION 4499¯
E TAMARACK ST
JUNIPER ST
HEMLOCK ST
E OAK ST E BIRCH ST
N ROUSE AVEN MONTANA AVE354'1020'1020'354'GALLATIN COUNTY FAIRGROUNDSIMES ADDITION14
15
28
13
16
27
148