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HomeMy WebLinkAboutResolution 1492 Vacate Portion of Alley .--...--. "'1\ "f', ~5 ./ ;';,J ~ f.W COMMISSION RESOLUTION NO, 1492 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THAT PORTION OF THE ALLEY OF BLOCK E OF TRACY'S ADDITION TO BOZEMAN, MONTANA, LYING BETWEEN AND ABUTTING ON LOTS THREE (3) TO NINE (9) INCLUSIVE AND LOTS FORTY (40) AND FORTY-SIX (46) INCLUSIVE. WHEREAS, there has been filed, with the Clerk of the City Commission of the City of Bozeman I a petition by the owners of eighty percent (80%) of the property abutting upon that portion of the alley of Block E. of Tracy's Addition to Bozeman, Montana, lying between and abutting on lots 3 to 9 inclusive and lots 40 and 46 inclusive, requesting that the above described alley be vacated; and WHEREAS, it appears to the City Commission to be to the best interest of the City of Bozeman and the inhabitants therein that said request be granted. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 Declaration of Intention It is hereby declared to be the intention of the Commission of the City of Bozeman to vacate that portion of the alley of Block E of Tracy's Addition to Bozeman, Montana lying between and abutting on Lots 3 to 9 inclusive and Lots 40 to 46 inclusive, upon the condition that construction of a motel and/or restaurant-lounge on the premises wherein said alley is located be commenced within one (1) year of the date of this resolution and thereafter completed with due diligence, reserving, however, unto the City an easement for the maintenance I of existing natural gas and electric utility lines in said alley until such time as all utilities are removed from said alley at no cost to the City of Bozeman. When all utilities have been removed the easement for utility purposes shall terminate and it is the purpose and intention of this action that all right and title to said alley pass to the adjoining property owners. A description of the alley is as follows, to-wit: Beginning at the northeast corner of Lot Three (3) of said Blci>ck E; thence westerly along the northerly lines of Lots 3,4,5,6,7,8 and 9 a distance of 196 feet to the north- west corner of Lot 9; thence northerly across the alley to the southwest corner of Lot 40; thence easterly along the southerly lot lines of Lots 40,41,42,43,44,45 and 46, a distance of 196 feet to the southeast corner of said lot 46; thence southerly across the alley to the northeast corner of Lot 3 to the true point of beginning. Containing within the above described exterior boundaries 3920 square feet. Section 2 Notice That the City Manager of the City of Bozeman is hereby directed to cause notice of the adoption of this resolution of intention to be served in the same manner that service of Summons is required on all persons whose property abuts upon the above described alley which will be I affected by the proposed vacation, and by publication once in a daily newspaper in general circulationin the City of Bozeman. Section 3 Time for Objections That the regular session of the City Commission of the City of Bozeman, Montana, to be held at the Commission Chamber in the City Hall Building, Bozeman, Montana, on Wednesday the 27th day of October, 1971 , at the hour of one-fifteen o'clock p.m. of said day, is the time COMMISSION RESOLUTION NO. 1492 on ___".._...__ ...-----.-.".---- - ___m_... _n.____...___n . --...--..-- 253 and place when and where the City Commission will hear and pass upon all objections to the vacating of said alley. '. ADOPTED by the Commission of the City of Bozeman at a regular session ''V;'f:~ '~"'.' '! 29th day of September 1971. '. '," I ATTEST: t:~~~~ /~~~ Clerk of the C1ty Commis ion NOT ICE ----- COMMISSION RESOLUTION NO. 1492 OF THE CITY OF BOZEMAN STATING THE INTENTION OF THE CITY COMMISSION TO VACATE THAT PORTION OF THE ALLEY OF BLOCK E OF TRACY" S ADD ITION TO BOZEMAN, MONTANA, LYING BETWEEN AND ABUTTING ON LOTS THREE (3) TO NINE (9) INCLUSIVE AND LOTS FORTY (40) TO FORTY-SIX (46) INCLUSIVE. NOTICE IS HEREBY GIVEN THAT ON THE 29th day of September, 1971, at the regular meeting of the City Commission of the city of Bozeman, Montana, the said Commission duly and regularly passed and adopted Commission Resolution No. 1492 entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID I COMMISSION TO VACATE THAT PORTION OF THE ALLEY OF BLOCK E OF TRACY"S ADDITION TO BOZEMAN, MONTANA, LYING BETWEEN AND ABUTTING ON LOTS THREE (3) TO NINE (9) INCLUSIVE AND LOTS FORTY (40) AND FORTY-SIX (46) INCLUSIVE. NOTICE IS HEREBY FURTHER GIVEN that Wednesday, the 27th day of October, 1971 at one-fifteen o'clock p.m. at the Commission Room in the City Hall Building, Bozeman, Montana is designated as the time and place to hear objections to the vacating of the dedicated alley as above described and is the time and place any person whose property abuts upon that portion of the alley of Block E of Tracy's Addition to Bozeman, Montana lying between and abutting on Lots 3 to 9 inclusive and Lots 40 to 46 inclusive, may appear and object to the proposed vacation. This notice is given pursuant to Section 11-3310, Revised Codes of Montana, 1947. Dated this 29th day of September, 1971. ;:~ / ~~ Clerk of the City Commi ion State of Montana ) County of Gallatin : ss City of Bozeman ) I I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Notice , Commission Resolution No. 1492, was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in smd City in the issue of October 5, 1971 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 hand and affix the corporate seal of my office this 26th day of October, 1971. g~/~~ Clerk of the CityCommiss' COMMISSION RESOLUTION NO. 1492 -.-.....---.--- -------~-----_.. ---.-- ..-