HomeMy WebLinkAboutResolution 4499 Discontinuing, Abandoning and Vacation portions of streets and alleys in Imes Addition City of Bozeman-City Clerk 2471373
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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 lines 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 clay
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 2.8 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 10"i and 17`x' 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 field 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 hake
objections to the discontinuance of these rights-of-way; and
Resolution Teo.4419
Page 1 of 3
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WHEREAS, no lcgu m6)eotomn no said vxcuTno were presented mn the 18th day of
November, 2013, a1 the regular meeting of the City Commission, nor were any objections filed in
vvddng prior to that meeting; and
WHEREAS, it is in the City's best interests 10 discontinue the subject street and alley
rights-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the C((Y of
f9nxernun, Mmn1uno:
Section I
The City Coozcuisaino hereby orders the discontinuance of all the street and alley right-of-ways
in lilies Addition contained within tile following mzetcs and bounds:
BEGINNING at the southeast omno«r of Block 28 of said Irnte Addition; dmcnoe westerly along
the north right-of-way line ofTamnu,ack Street a distance of 354 feet To the southeast corner of
Block 27 of said }nncs Addition; tbomue northerly along tile `vest right-of-way line of Montana
Avenue a distance of 1,020 feet to the northeast corner of Block 13 of said Inies Addition; thence
easterly u distance of60 feet to the northwest corner n[Block l4of said Imes Addition; thence
easterly along the north line nf said Block 14u distance of954 feet to the northeast corner mfsaid
Block 14; thence southerly along the vves1 right-of-way line o[Rouse Avenue adintooce of'1,0120
feet 1n the oou[heunt corner of said Block 28. the point of beginning, as sbovvu mu "Exhibit /\"
attached hereto.
The disonm1immuocc shall not affect the right of any public utility to continue to
/noixnLoin existing plant and equipment in the street or alley rights-of-way.
Section 2
Fee Title to Revert to Montana Department of Transportation
Peeri1le to the land where the,ighta-o[-`vay will be discontinued ao provided imSection 1, above,
are hereby declared 1n revert tn the State of Montana for the benefit and use oFthe Montana State
Highway Commission, Helena` Montana aukic(tnmany existing easements held by any public oc
private entity for utility facilities.
Resolution No.44Y9
Page%vf3
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 19'x' day of Decen-iber, 2013,
<`AN A. BE CKER
Mayor
ATTEST:
rc
STA UIL
City lerk ,
APl' C)VFD FC)l2.1v1;
f
(,kE SULLIVAN
City Attorney
Resolution No.4499
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Legend EXHfBITA
ATTACHMENT TO
STREET&ALLEY RIGHTS COF WAY TO BE DISCONTINUED RESOLUTION 4499
Parcels