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HomeMy WebLinkAboutE3 Intent to Vacate Alley 3935 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Chris Kukulski, City Manager SUBJECT: Alley Vacation Request – Block 51 Northern Pacific Addition MEETING DATE: August 7, 2006 BACKGROUND: An application was received from Daniel Ruggles and Stephen B. Carlson to vacate the east-west alley right-of-way in Block 51 of the Northern Pacific Addition. The alley is located in the 400 block of Ida Avenue between Fridley Street and Orange Street. The purpose of the vacation is to provide additional square footage for an amended plat the applicants are proposing. Mr. Carlson’s property adjoins the alley on the north. The application was referred to staff, and no objections to the proposed vacation were received. Existing alley conditions: The alley is currently un-improved and not open to public travel due to fence and shed encroachments. Impacts on private and public utilities: Letters were received from local private utility companies indicating that they did not object to the proposed vacation. No public utilities exist within the right-of-way and it is not anticipated that this right-of-way would ever be needed for public utility lines. Impact on traffic: Vacation of this alley would appear to have no impact on traffic. The adjoining lots are adequately served by the north-south alley and Ida Avenue. Impact to Adjoining Property Owners: A letter was received from the adjoining landowner on the south, Paul Gaffney, indicating no objection to the proposed vacation (copy attached). RECOMMENDATION: Proceed with the vacation process: approve a Resolution of Intent (Commission Resolution 3935, attached) to vacate this alley, 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. 3935 Letter from Paul Gaffney Adjoiners List Report compiled on July 27, 2006 Cc: Debbie Arkell, Director of Public Service Rick Hixson, City Engineer Paul Luwe, City Attorney Adjoiner’s list for proposed alley vacation, east-west alley in Block 51, Northern Pacific Addition Paul J. Gaffney P.O. Box 961 Bozeman, MT 59771 Stephen B. Carlson 416 N. Ida Avenue Bozeman, MT 59715 COMMISSION RESOLUTION NO. 3935 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 THAT PORTION OF THE RIGHT-OF- WAY FOR THE EAST-WEST ALLEY IN BLOCK 51, NORTHERN PACIFIC ADDITION, LYING BETWEEN THE EAST LINE OF IDA AVENUE AND THE WEST LINE OF THE NORTH-SOUTH ALLEY IN SAID BLOCK 51, IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, a petition to vacate the alley right-of-way for the east-west alley in Block 51, Northern Pacific Addition, has been filed with the City Clerk by Daniel Ruggles for Stephen B. Carlson, owner of the property abutting the alley right-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject alley 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 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, to vacate the alley right-of-way for the east-west alley in Block 51, Northern Pacific Addition, more particularly described as follows: All that portion of the east-west alley in Block 51, Northern Pacific Addition to the City of Bozeman, lying between the east line of Ida Avenue and the west line of the north- south alley in said Block 51. 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 rights-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. __________________________________________ 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. 3935, entitled: COMMISSION RESOLUTION NO. 3935 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 THAT PORTION OF THE RIGHT-OF- WAY FOR THE EAST-WEST ALLEY IN BLOCK 51, NORTHERN PACIFIC ADDITION, LYING BETWEEN THE EAST LINE OF IDA AVENUE AND THE WEST LINE OF THE NORTH-SOUTH ALLEY IN SAID BLOCK 51, IN THE CITY OF BOZEMAN, 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 alley 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 alley right-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