HomeMy WebLinkAboutResolution 1447 Vacate Portion of Alley
153
Bozeman, Montana
COMMISSION RESOLUTION
NO. 1447 1~~
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE
NORTH 165 FEET OF THE DEDICATED ALLEY IN BLOCK 2 OF DURSTON'S
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SECOND SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA.
I WRE REAS , there has been filed with the Clerk of the City Commission of the
City of Bozeman a
petition by the owners of eighty percent (80%) of the property abutting upon the North
165 feet of
the dedicated alley in Block 2 of Durston's Second Subdivision to the City of Bozeman, Montana, re-
questing 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
Sec tion 1
Declaration of Intention
It is hereby declared to be the intention of the Commission
of the City of Bozeman tb vacate
the North 165 feet of the alley in Block 2 of Durston's Second Subdivision of the City of Bozeman
upon the following conditions:
a. That the owners of the lots abutting said vacated alley replace and install at
their expense the existing sewer pipeline in said alley with an eight inch cast iron sew-
er pipe and that the City of Bozeman, Montana,
retain an easement in and to said alley
for sewer utility purposes;
b. That the owners of the land abutting the above described alley to be vacated
grant and convey to the City of Bozeman for the use by the public of an alleyway 25 feet
in width along a centerline 177~ feet south of and parallel to the north line of said
Block 2 from the east line of said Block 2 on North 8th St~eet, westerly to the west
line of the existing alley in said Block 2 of Durston's Second Subdivision to the
I City of Bozeman;
c. That the above described alley vacation shall be contingent upon the owners
of the property abutting the alley to be vacated commencing construction and erection
of a building over, upon and across said vacated alley within
six (6) months from the
date of the passage of this resolution.
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 require
on all persons whose property abuts upon the above described alley 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 Commissioners Chamber in the City Hall Building, Bozeman. Montana, on Wednesday,
the 30th
day of December, 1970, at the hour of one o'clock p.m.
of said day, is the time and place
when and
where the City Commission will hear and pass upon all objectio
ADOPTED by the Commission of the City of Bozeman at a reg
day of December, 1970.
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ATTEST:
0AM/ ;/ 9/;44
Erns V. Harding /'
Clerk of the City Commission
COMMISSION RESOLUTION
NO. 1447
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154
NOTICE IN RE
COMMISSION RESOLUTION NO. 1447 OF THE CITY OF BOZEMAN STATING
THE INTENTION OF THE CITY COMMISSION TO VACATE THE NORTH 165
FEET OF THE DEDICATED ALLEY IN BLOCK 2 OF DURSTON'S SECOND
SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY GIVEN that on the 2nd day of December, 1970, at the regular meeting of the
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City Commission of the City of Bozeman, Montana, the said Commission duly and regularly passed
and adopted CommisSion Resolution No. 1447 en ti tied:
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE
THE NORTH 165 FEET OF THE DEDICATED ALLEY IN BLOCK 2 OF DURSTON'S
SECOND SUBDIVISION TO THE CITY OF BOZEMAN, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Wednesday, the 30th day of December, 1970, at one 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 the North 165 feet of the dedicated alley in
Block 2 of Durston's Second Subdivision to the City of Bozeman, Montana, may appear and object to
the proposed vacation.
This notice is given pursuant to Section 11-3310, Revised Codes of Montana, 1947.
Dated this 2nd day of December, 1970.
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Clerk of sian
(First published in the Bozeman Daily Chronicle on the 7th day of December, 1970.)
State of Montana )
I
County of Gallatin: ss
City of Bozeman )
I, Erna V. Hardi.ng, Clerk of the Commission of the City of Bozeman, do hereby
certify the foregoing Notice in Re, Commission Resolution No. 1447 was publi-
shed at length in the Bozeman Daily Chronicle, a newspaper of general circul-
ation printed and published in said City of Bozeman in the issue of the 7th
day of December 1970, 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 8th day of December, 1970.
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COMMISSION RESOLUTION NO. 1447
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