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HomeMy WebLinkAboutResolution 1432 Vacate a Portion of Dedicated Alley ,~-. . 117 COMMISSION RESOLUTION NO. 1432 A RESOLUTION OF THE COMMISSION OF TIlE CITY OF BOZEMAN. MONTANA. DE- . \. " "\ "\ ',,': ~ ~ CLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE A PORTION ~ ...,.,..... [.J OF THE DEDICATED ALLEY OF DAWES SUBDIVISION OF PORTIONS OF BLOCK C. BLACKS ADDITION AND FRACTIOlfAL LOT 17 OF LIImLEY AND GUY'S ADDITION OF THE CITY OF BOZEMAN. MONTANA. I WHEREAS. there has been filed with the Clerk of the City Commission in the City of Bozeman. Montana. a petition by the owners of 80% of the property abutting upon a portion of the dedicated alley of Dawes Subdivision of Portions of Block C, Blacks Addition and Fractional Lot 17 of Lindley and Guy's Addition Gf the City of Bozeman. MPntana. 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 COMMISS ION OF THE CITY OF BOZEMAN: Section I Declaration of Intention It is hereby declared to be the intention of the Commission of the City of Bozeman to vacate all that portion of the dedicated alley of Dawes Subdivision of portions of Block C. Blacks Addi- tion and fractional Lot 17 of Lindley and Guy's Addition. more fully described as follows. to-wit: Beginning at the southwest corner of lot twelve (12) of said Dawes Subdivision. being a point on the southerly line of said Dawes Sub- division and the southeast corner of the alley of said Dawes Sub- division; thence northerly along the westerly lot lines of Lots 3 thru 12. a distance of 240 feet; thence westerly along the southerly I line of the M. L. and Myrtle Hultgren property a distance of 16 feet; thence southerly along the easterly lot lines of lots 13 thru 22 a distance of 240 feet to the southerly line of said Dawes SubdivisJ.li ion; thence easterly along said southerly line a distance of 16 feet to the point of beginning. RESERVING. HOWEVER. to the City of Bozeman a perpetual easement in said alley for the installation and maintenance of utility lines in- cluding 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 transportation but to retain subsurface rights for utility purposes. Sec tion 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 that portion of the dedicated alley of Dawes Subdivision of portions of Block C. Blacks Addition and Fractional Lot 17 of Lindley and Guy's Addition of the City of Bozeman. Montana. as hereinbefore described. which will be effected by the proposed vaca- tion, and by publication once in a daily newspaper in general circulation in the City of Bozeman. Sec tion 3 TIME for Objections That the regular session of the City Commission of the City of Bozeman. Montana. to be held I at the Commission Chamber in the City Hall Building. Bozeman. Montana. on Wednesday the 1st day of July. 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 objections to Adopted by the Commission of the City of Bozeman at a re 3rd day of June. 1970. COMMISSION RESOLUTION NO. 1432 - - --.- 118 NOTICE IN RE ," COMMISSION RESOLUTION NO. 14320F"THE crTY OF BOZEMAN STATING THE INTENTION OF THE CITY COMMISSION TO VACATE A PORTION OF THE DE- DICATED ALLEY OF DAWES SUBDIVIS ION OF PORTIONS OF BLOCIC. C, BLACKS ADDITION AND FRACTIONAL LOT 17 OF LINDLEY AND GUY's ADDITION OF THE C IT! OF BOZEMAN, MONTANA. NOTtCE IS HEREBY GIVEN that on the 3rd day of June, 1970, at the regular meeting of the I City Commission of the City of Bozeman, Montana, the said Commission duly and regularly passed and adopted commission Resolution No. 1432 entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO "BE THE INTENTION OF SAID COMMISSION TO VACATE A PORTION OF THE DEDICATED ALLEY OF DAWES SUBDIVISION OF PORTIONS OF BLOCK C, BLACKS ADDITION AND FRACTIONAL LOT 17 OF LINDLEY AND GUY'S ADDITION OF THE CITY OF BOZEMAN, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Wednesday, the 1st day of July, 1970, at one o'clock p.m. at the Commission Room in the City Hall building, Bozeman, MOntana, is designated as tbe time and place to hear objections to the vacating of all that portion of the dedicated alley of Dawes Subdivision of portions of Block C, Black Addition and Fractional Lot 17 of Lindley and GuY's Addition, more fully described as follows, to-wit: Beginning at tbe southwest corner of lot twelve (12) of said Dawes Subdivision, being a point on the southerly line of said Dawes Sub- division and tbe southeast corner of the alley of said Dawes Subdivi- sion; thence northerly along the westerly lot lines of lots 3 thru 12, a distance of 240 feet; thence westerly along the southerly line of the M. L. and Myrtle Hultgren property a distance of 16 feet; thence southerly along the easterly lot lines of lots 13 thru 22 a distance of 240 feet to the southerly line of said Dawes Subdivision thence easterly along said southerly line a distance of 16 feet to the point of beginning. 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 I being the intention and purpose of the vacation of said alley to abandon the surface 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 alley prpposed to be vacated may appear and object to the proposed vacation. This notice is given pursuant to Section 11-3310, Revi.ed Codes of Montana. 1947. Dated this 3rd day of June, 1970. ~ ;( Clerk of th State of Montana ) County of Gallatin : City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify the foregoing Notice in Re, Commission Resolution No. 1432 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 8th day of June, 1970. and due proof of such publication is I on file in my office. IN WITNESS WHEREOF, 1 hereunto set my hand and affix the corporate seal of my hand and affix the corporate seal of my office this 19th day of June, 1970. ~~/~~ Clerk of the City C ission ._--..