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Home My WebLink AboutF3 Adopt Resolution 3958 vacating a portion of old highland blvd Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, City Clerk SUBJECT: Resolution 3958 – Vacating a Portion of Old Highland Boulevard MEETING DATE: October 2, 2006 BACKGROUND: On September 25, 2006 the Commission, at its’ regular meeting, held a Public Hearing on the petition to vacate a Portion of Old Highland Boulevard with the condition that adequate utility easements are established for all utility lines with the platting of The Knolls at Hillcrest subdivision plat. Public comment was taken, however, no person commented. The Commission approved the petition to vacate a Portion of Old Highland Boulevard with the condition that adequate utility easements are established for all utility lines with the platting of The Knolls at Hillcrest subdivision plat by a vote of 5 – 0 and directed Staff to bring back the Resolution to Vacate for action on the next available Commission Consent Agenda. RECOMMENDATION: Adopt Resolution 3958 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND VACATING 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. FISCAL EFFECTS: None ALTERNATIVES: As directed by the Commission. Respectfully submitted, _____________________ ________________________ Brit Fontenot, City Clerk Chris Kukulski, City Manager Attachments: Resolution 3958 COMMISSION RESOLUTION NO. 3958 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND VACATING 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, the City Commission of the City of Bozeman, Montana, on the 7th day of August 2006, at its regular meeting, passed and adopted Commission Resolution No. 3936, declaring it to be the intention of the City Commission to vacate and abandon 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, Principal Meridian Montana, Gallatin County, Montana.; and WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle on September 10, 2006 and September 17, 2006, as appears on the affidavit of publication of the publisher of said Bozeman Daily Chronicle, which is on file with the City Clerk of the City of Bozeman; and WHEREAS, said notice of the adoption of said Resolution has been served in the manner of the service of summons in civil actions upon all persons whose property abuts upon the portion of the above- described street affected by the proposed vacation, which return of service is on file with the City Clerk of the City of Bozeman; and WHEREAS, it is in the City's best interests to vacate the subject street right-of-way, while preserving an easement therein for any public utility to continue to maintain existing plant and equipment in said street right-of-way; WHEREAS, said notice, as published and served, designated the 25th day of September 2006 at 6:00 o'clock p.m., at the Community Room in the Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, as the time and place for hearing objections; and WHEREAS, no legal objections to said vacation were presented on the 25th day of September 2006, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting; and WHEREAS, upon vacating or abandoning the street right-of-way, ownership of the abandoned right-of-way reverts to the landowners as recorded in the County Clerk and Recorders office. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, 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-Maierle 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-Maierle yellow plastic cap; thence South 00° 03' 40" West a distance of 235.59 feet to a Morrison-Maierle 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-Maierle 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-Maierle yellow plastic cap; thence North 00° 02' 38" East a distance of 235.60 feet to a to a found Morrison-Maierle 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. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of October, 2006. __________________________________________ ATTEST: JEFFREY K. KRAUSS, Mayor ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney