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HomeMy WebLinkAboutH4 Street Vacation Request - Portion of old highland blvd Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, City Clerk SUBJECT: Street Vacation Request – Portion of Old Highland Boulevard MEETING DATE: September 5, 2006 BACKGROUND: On August 7, 2006 the Commission passed, on the Consent Agenda, Resolution 3936 - Intent to Vacate a portion of Old Highland Boulevard with four Aye votes and one abstention. RECOMMENDATION: Take public comment and after which direct staff to draft an ordinance vacating a portion of Old Highland Boulevard and return the ordinance for Commission approval. FISCAL EFFECTS: None ALTERNATIVES: As directed by the Commission. Respectfully submitted, _________________________________ Brit Fontenot, City Clerk Attachments: Aug. 7, 2006 memo, Resolution 3936 and Notice 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 nght 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 bevaeated without detriment to the publie 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 bevacated 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 ofthe 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 0 0 iron pipe bears North 080 39 23 East a distance of 1611 86 feet thence South 780 12 40 East a distance of 91 87 feet to a ealculated point thence South 000 03 26 West a distance of 6 53 feet to a ealculated point thence south a distance of 163 94 feet along a non tangential curve concave east having a radius of 396 34 feet a eentral angle of 230 42 00 a chord bearing of South 110 49 18 East and a chord length of 162 78 feet to a found Morrison Maierlie yellow plastic cap thence southeast a distanee of 201 26 feet along a non tangential curve concave southwest having a radius of 486 34 feet a central angle of 230 42 37 a chord bearing of South 11048 19 East and a chord length of 199 82 feet to a found Morrison Maierlie yellow plastic cap thenee South 000 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 2r 18 11 a chord bearing of South 130 36 31 East and a chord length of 71 25 feet to a Morrison Maierlie yellow plastic cap thence South 030 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 400 54 16 a ehord bearing of North 200 22 51 West and a ehord length of 10548 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 40054 51 a chord bearing of North 200 24 44 West and a chord length of 16841 feet to a found Morrison Maierlie yellow plastic cap thenee North 000 02 38 East a distance of 235 60 feet to a to a found Morrison Maierlie yellow plastic cap thenee 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 23042 37 a chord bearing of North 110 48 24 West and a ehord 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 23042 11 a chord bearing of North 110 47 39 West and a chord length of 199 77 feet to a calculated point thence North 000 03 26 East a distance of 25 21 feet to the Point of Beginning containing 1 603 acres more or less The vacation shall notaffect any existing rights of way oreasements of any property owners orthe 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 Seetion 3 Time for Obieetions 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 W BRiT FONTENOT City Clerk La JEFE EY RftlJSS Mayor APPROVEDps TO FORM 3 881apr OL IIJJlf 3t rLAIJ OUU ARI TO 3E AE NqO AJlortlon of h 010 HlflhlRnd Roulp vJrd Rlght ofW3Y 3S shownCertlflcalu ofSlJrv y No 2041on rpflorrlwtth thp Gallatin County Clerk3ncl He onjurIOcaled In the E st OneHalf olllle Ea5t OneHalf ElfEY2 ofSection 1U luwm tllp2 South RAnqp G FlI 7lt Prlnclp tMerIdIan Montan3 P M M Gallatin County Montalla belnq more partlclJllIr1y oe5crlbed RR follnwl RFGINN1NG at a calculated point Onthe westerly Rlght ofW y ofOld Hlgl land BoulevcHd from wtllch HIpmJrlhwesl COrf1 rf 511d Seclorl lA R 1 00Iron pipe hears NortllI8 39 23 East 3 dlstlnceof16 11 86 cet thence South78 12 40 East a distance of91 87 feet to a calcul3ted poInt thence South00 03 26 Westa dIstance of6 53feet to a calculated polnl thence south a dIstance of 163 94 feet along A non tRngentllll CLlrv CQnCflVe ellsthllIlng a radius of396 34 feet a central 3nglo of23 42 00 a chord boa ring ofSnuttl11 49 t8 Fast and a chord lenglh of162 18 feet toa found Morrrl on MaIDlIIQ yellow pliisUf rAp thence southeast Idistance of10 116fp et along a non langenllalcurve concaVIl souUlwesl hllvlnq R rRdill501 4Afl 34 fRet A flp ntrlll F1nqlp of 23 4 37 FI fhord bearing of Soulh 11046 19 East and a ctlOrd lengUl of199 62 root 10 ilfound MOrrrlson Mal rlla yellow plastic cap thence Soulh00 03 10 Wesla djslnl1C e of235 fi9 fep1 to FIMorrrlson Malerlle yellow plastIc cap mOnCO south a Ianca of71 93feel along a non tangential UrvA rDrH llVe eflRthaving fi radius of 150 94 feeta centr11 Inglp of JO 16 11 chord beorlng of South 13 36 31tastamI a chord leng hof71 25 feet to 3 MorrrlsonMalcrllc yellow plclsllc ClP thence South03 26 15 Westa dlstfillce of187 72 feetto a 58 Rebar thencsl1urltJ iidistance or107 76 feel C1long a nun tangential curveCOIlCRVS wP thwlng lIradius of 110 94 fp tR Gp ntrlll RngleQf 40 54 16 Ichord bearing ul Nurth 20 22 51 WIIS emu i1chord h mgUl ll 10548 f88t tu IlcakutalHd pointthencenorthwestadlstnce0117205feetIongInontangenflalcurveconcave ncrthas5t hilvlnq lIrllohJ5 of210 93feflt lIcpl1 rlll anqle of40 54 51 Ichord bQ r1ng of Nom zu L4 44 Westand a chord Icnglh of1 i841 leelto clltJUlld Morrrison Mllerlle yellow pllstlc cap thpllce Nmth 00 02 3R E8Rta distnncs of23fi 60 fppt to a tn R found Morrrlson Malcrlle li7 ltowplastic cap 1I1 ICG norlha tJlstilnce of 1ti 10Bfael Iong CI tlOtltrlrlgantlClI eulVe unCllVe west hlvlng a radius of396 26 feel a central angle of23 42 37 a chodbearlnQ ofNortl1 11 48 24 Westand Ichord lenflth of16tl 81 fept 10 a calcul ted polnl Ih IICO northwest CI dklanee of l01 2Uleet Cilollg a norl lang rJUrd CWVfl rnncl lVp northeast hLlvlng a mdlus of486 34 foct central angle of23042 1 a chold bemlng ofNonh 11 47 39 West Clnd a chord length of199 77 feet to a calculated point thfncs Nmltl00 03 20 EaslI dlsta1C8 Dr25 21 fep to the Point ofBpglrmJnqcontlnlng1603acresmoreorless g r IIJT GtJR E i r100 4 31 jL7RZfiI CH IIW IEN U O2u 41 rCH LI 281 86 I91 OIo111mHANIBOULEVARD RNV f1 0IofS1 00 POBOIl NOD 03 2G E UNDERGROUND TElEPHONE LINE SIJBJFCTto IIIp I5fm nI5 of rCQrd orAppRrptlt from fI vl lal IflspectJOrl ullhe prulJerly NON TANGENT CURVER48634 D rr2 42 1 IL 0I20CIII1RG IIN 11 47 39 W CH Lc 199 11 NONTANGENT CURVER39fl2fl LJ 11I230 42 3r LI163 98CHBROo N 11lA 21 W CH 1 162111 OLD HIGHLAND OlJlrVARO RfW10SIABANllONI lJNJtl Gl OlJND IEltflHONE LINE TRAGT 1C O S 2047 BOZEMAN DEACONESS fOUNDAftON 915 HIGHLAND LVO BOZEM N M I59715 6902 tljJ v D 40 54 51I1120 CH BtW IIN 20 24 W CH Le 1fi8A1 Leqenr Boundary OfArSnToBeAhnndorled AdjoInIngProperty L1np Ellsllng Right Of WlY Round fY J ound Riyl1t ul Wiiy Monulllonl o Calculltp dPosition Nothing Found Or Set Fly ThiSurvey i i lJi fn ilJop Q 7 1JLGT c1cl o NON TANGENT Clmvr R 1430 37 D 10 34 31 L 265 G7 CH BRG N OG 20 13 E ila2fi Ij F 0O1 v Q lQ0 fQ yJ f O 1 tfXlC0091 0Icj p iJz r NON TANGo E ICUHVfR48634 D 42 1 L 20126 ICH BRB S 11 4e 1O E CH 1 191 J j0 0 0 jwWZ 00B00mQQzEnUo r 0cD z 5 IIO U5c0lc J E0 oS 8QOI ZU 2 6 Z OaJlL5 W10olN 0 NON TANGENT CURVE R 150 94D4054 16 lI077fi CH BHG IIN 20 22 5 1W CH Lc 10518 Ci0 IJl JoCll Ci I JJ IIX MffiQf EpI3INGGenrlpllcNortht Lot N 45 39 56 10264 Long W 1110 01 26 385121 NGS oPUs Solution UNDEf GROUNTLEPHONELINE OLD HIGHLAND BOULEVARD PROPOSED ABANDONMENT D AWN BY OATf PROJECT NO FIL NAM TG 42 7OB Oll1 O 1o1 IlGIllANIJ IAbPvti IEXljJHJI IIfir lQ IJTlIIU1 IoAT Il1M i S Eo 1100 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 ofthe street right of way more particularly described in the Resolution of Intention and is the time and plaee for any person whose property abuts upon the portion ofthe street rights ot way affected by the proposed vacation to appear and object it they wish to do so DATED this 7th day of August 2006 City Clerk Legal Ad Publish Sunday August 13 2006 Sunday August 20 2006