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HomeMy WebLinkAboutResolution 1444 Vacate Dedicated Alley in Block 3 --~ - 148 COMMISSION RESOLUTION NO. 1444 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE DEDICATED ALLEY IN BLOCK 3, TRACY'S THIRD ADDITION TO BOZEMAN, MONTANA. WHEREAS, there has been filed with the Clerk of the City Commission in the City of Bozeman, Montana, a petition by the owners of eighty percent (80%) of the property abutting upon the alley I in Block 3, Tracy's Third Addition to the City of Bozeman, Montana, 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 and Intention It is hereby declared to be the intention of the Commission of the City of Bozeman to vacate the dedicated alley in Block 3, Tracy's Third Addition to the city of Bozeman, Montana, reserving, however, to the city of Bozeman a perpetual easement in said alley for the installation and maint- enance of utility lines including sewer, water, electricity and gas transmission lines, it being the intention and purpose of the vacation of said alley to abandon the surface rights for public trans- portation but to retain subsurface rights for utility purposes. 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 dedicated alley in Block 3, Tracy's Third Addition to the city of Bozeman, as hereinbefore described, which will be affected by the proposed vacation, and by publication once in a daily newspaper in general circulation in 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 21st day of I October, 1970, at the hour of one o'clock p.m. of said day, is the ime and pIa and where the City Commission will hear and pass upon all objections to the vacat"ng of ADOPTED by the Commission of the City of Bozeman at a regular day of September, 1970. Ma ATTEST: _/ -,i, <:: J'!~--:""", NOTICE IN RE COMMISSION RESOLUTION NO. 1444 OF THE CITY OF BOZEMAN STATING THE INTENTION OF THE CITY COMMISSION TO VACATE THE DEDICATED ALLEY IN BLOCK 3, TRACY'S THIRD ADDITION TO BOZEMAN, MONTANA. NOTICE IS HEREBY GIVEN that on the 23rd day of September, 1970, 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. 1444 entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE DEDICATED ALLEY IN BLOCK 3, TRACY's THIRD ADDITION TO BOZEMAN, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Wednesday, the 21st day of October, 1970, at one o'clock I 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 in Block 3, Tracy's Third Addition to the city of Bozeman, Montana, reserving, however, to the city of Bozeman a perpetual easement in said alley for the installation and maintenance of utility lines including sewer, water, electricity and gas transmission lines, it being the intention and purpose of the vacation of said alley to abandon the fur face rights for public transportation but to retain subsurface rights for utility purposes, and is the time and place any person whose property abuts upon portions of the COMMISSION RESOLUTION NO. 1444 .,-- 149 alley proposed to be vacated may appear and object to the proposed vacation. This notice is given pursuant to Section ll-33l0~ Revised Codes of Montana. 1947. Dated this 23rd day of September. 1970. (~/ .. /;2;~ If? /714/ /.~ .-t:~.?-".d Clerk of the Ci ty is'~>ion I State of Montana ) County of Gallatin : City of Bozeman ) I~ Erns V. Harding, Clerk of the Commission of the City of Bozeman. do hereby certify the foregoing Notice in Re, Commission Resolution No. 1444 was published at length in the Bozeman Daily Chronicle. a newspaper of general circulation printed and published in said City of Bozeman in the issue of the 28th day of September. 1970, and due proof of such publication is on file in my office. IT WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my hand and affix the corporate seal of my office this 10th day of November. 1970. I EXCERPTS FROM MINUTES OF MEETING OF CITY COMMISSION HELD 28 OCTOBER 1970: The City Manager reported that it appears from the record that a clerical error occurred in the description of the subdivision whereby the CLty Commission desired to vacate an alley in that the alley was described as located in Block 3 of Tracy's Third Addition whereas it was the intention of the City Commission to vacate the alley in Block 3 of Beall's Third Addition and it further appears that Notice of Intention to create the alley was in fact served in the manner required by law on all lot owners of Block 3 of Beall's Third Addition but that no service has been made upon the owners of lots abutting the alley in Block 3 of Tracy's Third Addition. Therefore the Comm- ission acting upon the recommendation of the City Manager and the opinion of the City Attorney, that the City Commission has not acquired jurisdiction to vacate the alley in Block 3 of Tracy's Third Addition, it was moved by Commissioner Morrow, seconded by Commissioner Sedivy. that Resolution No. 1444 and Ordinance No. 901 heretofore adopted by the Commission relative to the vacation of the Alley in Block 3 of Tracy's Third Addition be invalidated and declared null and void and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Morrow, Commiss- ioner Sedivy and Mayor Langohr; those voting No~ none. I COMMISSION RESOLUTION NO. 1444