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HomeMy WebLinkAboutResolution 1368 Vacate University Subdivision 458 COMMISSION RESOLUTION NO. 1368 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE WESTERLY THREE (3) FEET OF A TEN FOOT UTILITY EASEMENT ON THE EAST SIDE OF LOT ONE (1) BLOCK ONE (1) OF UNIVERSITY SUBDIVISION NUMBERED THREE OF THE CITY OF BOZEMAN, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. I --------- WHEREAS, there has been filed with the Clerk of the City Commission of the City of Bozeman, Montana, a petition by Lee G. Allen, the owner of Lot 1, Block 1 of the University Subdivision numbered 3 to the City of Bozeman, Montana, and by McKinley T. Anderson, Jr., the owner of Lot 1 Block 7 of University Subdivision numbered 2 of Bozeman, Montana, requesting that the westerly three feet of a utility easement consisting of the easterly ten (10) feet of Lot 1, Block 1 of University Subdivision numbered 3 be vacated; and WHEREAS, the said McKinley T. Anderson has agreed to convey to the City of Bozeman, Montana, a utility easement over and across the westerly thirteen (13) feet of Lot 1, Block 7 of University Subdivision numbered 2, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana; and WHEREAS, it appears to the City Commission of the City of Bozeman, Montana, to be to the best interest of the City of Bozeman and the inhabitants thereof that the westerly three feet of a utility easement over and across the easterly ten feet of Lot 1 of Block 1 of the University Sub- division numbered 3 be vacated. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: I Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana to vacate the westerly three feet of a utility easement consisting of the easterly ten feet of Lot 1 of Block 1 of University Subdivision numbered 3 and to accept an easement grant of the westerly thirteen feet of Lot 1, Block 7 of the University Subdivision numbered 2. Section 2 Notice That the City Ma~ager of the City of Bozeman, Montana, is hereby directed to cause notice of the adoption of this resolution of intention to be served in the manner that service of summons is required on all persons whose property abuts upon the westerly three feet of that certain utility easement consisting of the easterly ten feet of Lot 1. Block 1 of the University Subdivision num- bered 3 to the City of Bozeman, Montana, which will be affected by the proposed vacation and by publication once in a daily newspaper in general circulation in the City of Bozeman, Montana. Section 3 Time and Objections I That the regular session of the City Commission of the City of Bozeman, Montana, to be held at the Commission Chamber in the City Hall Building, Bozeman, Montana. on Wednesday the 19th day of June, 1968, 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 the vacating of said westerly three feet of that certain utility easement consisting of the easterly ten feet of Lot 1, Block 1, Uni- versity Subdivision numbered 3 to the City of Bozeman. Montana. COMMISSION RESOLUTION NO. 1368 - - __.._ ._._._. _.. __._ ___..____________.__.._.__._...u__.__.___ 459 ADOPTED by the Commission of the City of Bozeman, at a regular session thereof held on the 8th day of May, 1968. ~ Mayor I ATTEST: ~j/ Clerk of the ission - - - - - - - - - - - - - - - - - - - - - ~ NOTICE IN RE COMMISSION RESOLUTION NO. 1368 OF THE CITY OF BOZEMAN, STATING THE INTENTION OF THE CITY COMMISSION TO VACATE THE WESTERLY THREE (3) FEET OF A TEN FOOT UTILITY EASEMENT ON THE EAST SIDE OF LOT 1, BLOCK 1, OF UNIVERS ITY SUBDIVIS ION NUMBERED THREE OF THE CITY OF BOZEMAN, MONTAI>>A. NOTICE IS HEREBY GIVEN that on the 8th day of May, 1968, at the regular meeting of the City Commission of the City of Bozeman, Montana, the said Commission duly and regularly passed and adopted Commission Resolution No. 1368 entitled: A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE THE WESTERLY THREE (3) FEET OF A TEN FOOT UTILITY EASEMENT ON THE EAST SIDE OF ~OT ONE (1) BLOCK ONE (1) OF UNIVERSITY SUB- DIVISION NUMBERED THREE OF TIlE CITY OF BOZEMAN, MONTANA, ACCORD- ING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Wednesday, the 19th day of June, 1968, at oae o'clock I 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 westerly three feet of a ten foot utility easement on the east side of Lot 1, Block 1 of University Subdivision numbered 3 of the City of Bozeman, Montana, and is the time and place any person whose property abuts upon portions of the street proposed to be vacated may appear and object to the proposed vacation. This notice is given pursuant to Section 11-3310, Revised Codes of Montana, 1947. Dated this 23rd day of May, 1968. ~/ Clerk of the State of Montana ) County of Gallatin : ss 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. 1368, was published at length in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of I the 15th day of January, 1968, 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 office this ...Stl:\ day of June, 1968. t~~/ Clerk of the City ~ssion COMMISSION RESO~UTION NO. 1368