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HomeMy WebLinkAboutF4 Adopt resolution 3959 vacating block 51 northern pacific addition Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, City Clerk SUBJECT: Resolution 3959 - Vacating Block 51 Northern Pacific Addition. MEETING DATE: October 2, 2006 BACKGROUND: On September 25, 2006 at its’ regular meeting, the Commission held a Public Hearing on the Alley Vacation request – Block 51 Northern Pacific Addition. Public comment was taken, however, no person commented. The Commission approved the petition to vacate Block 51, Northern Pacific Addition by a vote of 4 – 1 and directed Staff to bring back a Resolution to Vacate for action on the next available Commission Consent Agenda. RECOMMENDATION: Adopt Resolution 3959 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND VACATING 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. FISCAL EFFECTS: None ALTERNATIVES: As directed by the Commission. Respectfully submitted, ____________________ ________________________ Brit Fontenot, City Clerk Chris Kukulski, City Manager Attachments: Resolution 3959 COMMISSION RESOLUTION NO. 3959 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND VACATING 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, 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. 3935, declaring it to be the intention of the City Commission to vacate and abandon 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.; and WHEREAS, the notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle on September 10 and 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, 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, 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, upon vacating or abandoning the 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, 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. 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. __________________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney