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HomeMy WebLinkAboutResolution 4489 Intent to Discontinue, Abandon and Vacate Portions of Streets and Alleys in the Imes Addition cc+. COMMISSION RESOLUTION NO. 4489 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMA,N, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE PORTIONS OF STREETS AND ALLEYS IN IMES ADDI'T'ION 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 vacate Montana Avenue in the Imes Addition to the City of Bozeman from Tamarack. Street to Oak Street, Juniper Street from Rouse Avenue to Montana Avenue, hemlock Street from Rouse Avenue to Montana Avenue, and the alleys in Blocks 14, 15, and 28 of the Imes Addition, has been filed with the City Clerk by the Montana Department of Transportation, owner of property abutting the said street and alley rights-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, City Commission Resolution 3628 requires certain procedures be followed to review a petition to discontinue a street or alley including: (i) requiring the petition contain specific information; (ii) acceptance of the petition by the City Commission (which occurred on October 14, 2013); (iii) the return of a report from the City's Engineering Division, (iv) a public hearing on whether to approve the petition; (v) notice both mailed to affected property owners and published in the Bozeman Daily Chronicle; and (vi) adoption of this Resolution; and WHEREAS, notice was mailed in conformance with Resolution 3528 and a public hearing was held 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 make objections to the discontinuance of these rights-of-way; and WHEREAS, the subject street and alley rights-of-way can be discontinued without detriment to the public interests; and Resolution 4489 Page I ot.3 WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants therein that said right-of-ways be discontinued, provided, however, that said discontinuance does not affect the right of any public utility to continue to maintain its currently established plant and equipment in said rights-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana. Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana, in approving the Montana Department of Transportation's petition to discontinue the streets and alleys described herein, to discontinue the street and alley rights-of- way in the Imes Addition contained within the following metes and bounds: BEGINNING at the southeast comer of Block 28 of said Imes Addition; thence westerly along the north right-of-way line of Tamarack Street a distance of 354 feet to the southeast comer of Block 27 of said Imes Addition; thence northerly along the west right- of-way line of Montana Avenue a distance of 1,020 feet to the northeast corner of Block 13 of said Imes Addition; thence easterly a distance of 60 feet to the northwest comer of Block 14 of said Imes Addition; thence easterly along the north line of said Block 14 a distance of 354 feet to the northeast comer of said Block 14; thence southerly along the west right-of-way line of Rouse Avenue a distance of 1,020 feet to the southeast comer of said Block 28, the point of beginning. The discontinuance shall not affect the right of any public or private utility facility to continue to maintain currently established plant and equipment in the street or alley rights-of- way. Section 2 Fee Title to Revert to Montana Department of Transportation It is the intent of the Commission that the fee title to the land where the rights-of-way will be discontinued will be declared, upon adoption of a final resolution discontinuing the streets and alleys, to revert to the State of Montana for the benefit and use of the Montana State Highway Commission, Helena, Montana. Resolution 4489 Page 2 of 3 Section 3 City Engincering to Bring Back Plat and Final Resolution By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission hereby directs a plat depicting the changes as approved herein be brought to the Commission for review and decision on adoption along with a final resolution of discontinuance. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18'11 day of November, 2013. SEAN A. BECKER Mayor ATTEST- M ST E- C CY- Ci C lei APPROVED AS TO FORM: GRYG SULLIVAN City Attorney resolution 4489 Page 3 of 3 354` ,f " r ........... —_ ..... .-- ___mm. _. ....... ... !^'" ___------------- ,'`,tea............__ � ---------- ............. .............. ---------- ® r s .F 1l �I t IG r5'Q r p , �: l.aar.ar4:ac l� 354' �a Legend EXHIBIT A ATTACHMENT T Parcels COMMISSION EON 4 489 Proposed Street&Alley Right of Way Vacation