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Home My WebLink AboutE2 Intent to Vacate Old Highland Blvd 3936 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Chris Kukulski, City Manager SUBJECT: Street Vacation Request – Portion of Old Highland Boulevard MEETING DATE: August 7, 2006 BACKGROUND: An application was received from PC Development on behalf of Bozeman Deaconess Health Services to vacate a portion of the right-of-way of Old Highland Boulevard. The vacation is being proposed to facilitate the platting of the proposed subdivision plat for The Knolls at Hillcrest. The portion of right-of-way proposed for abandonment is 90 feet wide and runs approximately from the access road into Hillcrest/Aspen Pointe south to where it joins with the right-of-way for Highland Boulevard. The application was referred to staff, and no objections to the proposed vacation were received. Existing street conditions: The right-of-way is currently not used for vehicular travel. The roadway in this portion of Old Highland Boulevard was obliterated following the construction of the current alignment of Highland Boulevard in 1986. Impacts on private and public utilities: Private utility lines currently occupy the right-of- way, consisting of electric, telephone, and cable TV lines. The applicant submitted letters from these utility providers indicating no objection to the proposed vacation, provided that easements are maintained for their existing plant and equipment, which is a standard requirement of all street vacations. An existing public water main exists within the right-of-way. The Water Superintendent is not opposed to the vacation, providing that an easement is reserved for the water main. It is recommended that adequate utility easements are established for all these utility lines with the platting of the Knolls at Hillcrest subdivision plat. Impact on traffic: Vacation of this right-of-way would not have any impact on traffic as the right-of-way is currently not used for roadway. A condition of plat approval for the Knolls at Hillcrest is that any additional right-of-way for Highland Boulevard necessary to construct the required arterial street section shall be dedicated on the plat. Impact to Adjoining Property Owners: The applicant is the only adjoiner to this portion of Old Highland Boulevard being considered for vacation. RECOMMENDATION: Proceed with the vacation process: approve a Resolution of Intent (Commission Resolution 3936, attached) to vacate this right-of-way, and schedule a public hearing for September 5th, 2006. FISCAL EFFECTS: None identified. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Andrew Kerr, Engineering Assistant Chris A. Kukulski, City Manager Attachments: Application for Street/Alley Vacation Commission Resolution No. 3936 Letter from PC Development Report compiled on July 27, 2006 Cc: Debbie Arkell, Director of Public Service Rick Hixson, City Engineer Paul Luwe, City Attorney COMMISSION RESOLUTION NO. 3936 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE A PORTION OF THE RIGHT-OF-WAY OF OLD HIGHLAND BOULEVARD AS SHOWN ON CERTIFICATE OF SURVEY No. 2047 LOCATED IN THE EAST ONE-HALF OF THE EAST ONE-HALF OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, a petition to vacate a portion of the street right-of-way for Old Highland Boulevard, has been filed with the City Clerk by Bozeman Deaconess Health Services on behalf of Bozeman Deaconess Foundation, owner of the property abutting the street right-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject street right-of-way can be vacated without detriment to the public interests; and WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman and the inhabitants therein that said right-of-way be vacated, provided that said vacation does not affect the right of any public utility to continue to maintain its plant and equipment in said right-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, to vacate the street right-of-way for a portion of Old Highland Boulevard, more particularly described as follows: BEGINNING at a calculated point on the westerly Right-of-Way of Old Highland Boulevard from which the northwest corner of said Section 18, a 1" O.D. iron pipe, bears North 08° 39' 23" East a distance of 1611.86 feet; thence South 78° 12' 40" East a distance of 91.87 feet to a calculated point; thence South 00° 03' 26" West a distance of 6.53 feet to a calculated point; thence south a distance of 163.94 feet along a non-tangential curve concave east having a radius of 396.34 feet, a central angle of 23° 42' 00", a chord bearing of South 11° 49' 18" East and a chord length of 162.78 feet to a found Morrison-Maierlie yellow plastic cap; thence southeast a distance of 201.26 feet along a non-tangential curve concave southwest having a radius of 486.34 feet, a central angle of 23° 42' 37", a chord bearing of South 11° 48' 19" East and a chord length of 199.82 feet to a found Morrison-Maierlie yellow plastic cap; thence South 00° 03' 40" West a distance of 235.59 feet to a Morrison-Maierlie yellow plastic cap; thence south a distance of 71.93 feet along a non-tangential curve concave east having a radius of 150.94 feet, a central angle of 27° 18' 11", a chord bearing of South 13° 36' 31" East and a chord length of 71.25 feet to a Morrison-Maierlie yellow plastic cap; thence South 03° 26' 15" West a distance of 187.72 feet to a 5/8" Rebar; thence north a distance of 107.76 feet along a non-tangential curve concave west having a radius of 150.94 feet, a central angle of 40° 54' 16", a chord bearing of North 20° 22' 51" West and a chord length of 105.48 feet to a calculated point; thence northwest a distance of 172.05 feet along a non-tangential curve concave northeast having a radius of 240.93 feet, a central angle of 40° 54' 51", a chord bearing of North 20° 24' 44" West and a chord length of 168.41 feet to a found Morrison-Maierlie yellow plastic cap; thence North 00° 02' 38" East a distance of 235.60 feet to a to a found Morrison-Maierlie yellow plastic cap; thence north a distance of 163.98 feet along a non- tangential curve concave west having a radius of 396.26 feet, a central angle of 23° 42' 37", a chord bearing of North 11° 48' 24" West and a chord length of 162.81 feet to a calculated point; thence northwest a distance of 201.20 feet along a non-tangential curve concave northeast having a radius of 486.34 feet, a central angle of 23° 42' 11", a chord bearing of North 11° 47' 39" West and a chord length of 199.77 feet to a calculated point; thence North 00° 03' 26" East a distance of 25.21 feet to the Point of Beginning containing 1.603 acres, more or less. The vacation shall not affect any existing rights-of-way or easements of any property owners or the right of any public utility to continue to maintain existing plant and equipment in the street right-of-way. Section 2 Notice That the City Clerk of the City of Bozeman is hereby directed to publish notice in Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the affected property owners, which notice shall state the time and place at which objections will be heard. Section 3 Time for Objections That the regular session of the City Commission of the City of Bozeman to be held at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, on Tuesday, the 5th day of September 2006, at the hour of 6:00 p.m. of said day is the time and place where and when the City Commission will hear all objections to the vacating of said alley right-of-way. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of August, 2006. - 3 - __________________________________________ ATTEST: JEFFREY K. KRAUSS, Mayor ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney NOTICE OF INTENT TO VACATE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 7th day of August 2006, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 3936, entitled: COMMISSION RESOLUTION NO. 3936 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE A PORTION OF THE RIGHT-OF-WAY OF OLD HIGHLAND BOULEVARD AS SHOWN ON CERTIFICATE OF SURVEY No. 2047 LOCATED IN THE EAST ONE-HALF OF THE EAST ONE-HALF OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 5th day of September 2006, at 6:00 p.m. at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, is designated as the time and place to hear objections to the vacation of the street right-of-way more particularly described in the Resolution of Intention, and is the time and place for any person whose property abuts upon the portion of the street rights-of-way affected by the proposed vacation to appear and object, if they wish to do so. DATED this 7th day of August 2006. _________________________________________ BRIT FONTENOT City Clerk Legal Ad Publish: Sunday, August 13, 2006 Sunday, August 20, 2006