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
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CY-
Ci C lei
APPROVED AS TO FORM:
GRYG SULLIVAN
City Attorney
resolution 4489
Page 3 of 3
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Legend EXHIBIT A
ATTACHMENT T Parcels COMMISSION EON 4 489
Proposed Street&Alley Right of Way Vacation