HomeMy WebLinkAboutD10 Res 3980 Clarifing the ownership of a row
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Stuart John Bernard; Deputy City Clerk
SUBJECT: Resolution 3980 Clarifying the ownership of a right-of-way
MEETING DATE: November 13, 2006
BACKGROUND: On February 7, 2006 the City Commission of Bozeman passed Commission
Resolution 3771 vacating a portion of West Lincoln Street in Block 51, Capitol Hill Addition, extending
westward from South Fifth Avenue Approximately 143 feet; and
This Resolution contained a superfluous reference to ownership of the abandoned right-of-way and it is in
the interest of the City of Bozeman and the owner of the land upon which the abandoned street right-of-
way was formerly held to clarify and affirmatively hold that said land is no longer burdened by the street
right-of-way.
RECOMMENDATION: Adopt Commission Resolution 3980
FISCAL EFFECTS: None
ALTERNATIVES: As directed by the Commission.
Respectfully submitted,
Stuart John Bernard; Deputy City Clerk
Approved by:
Chris Kukulski; City Manager
COMMISSION RESOLUTION NO. 3980
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CLARIFYING THE INTEREST IN THE ESTATE PREVIOUSLY
BURDENED BY THE ABANDONED RIGHT-OF-WAY ALONG A PORTION
OF WEST LINCOLN STREET IN BLOCK 51, CAPITOL HILL ADDITION,
EXTENDING WESTWARD FROM SOUTH FIFTH AVENUE
APPROXIMATELY 143 FEET.
WHEREAS, on February 7, 2006 the City Commission of Bozeman passed Commission
Resolution 3771 vacating a portion of West Lincoln Street in Block 51, Capitol Hill Addition, extending
westward from South Fifth Avenue Approximately 143 feet; and
WHEREAS, the land previously burdened by the street right-of-way consisted of a single tract,
legally described as Lot 16, Block 51, Capitol Hills Addition, Bozeman, Montana; and
WHEREAS, Commission Resolution 3771 contained a superfluous reference to ownership of the
abandoned right-of-way; and
WHEREAS, it is in the interest of the City of Bozeman and the owner of the land upon which the
abandoned street right-of-way was formerly held to clarify and affirmatively hold that said land is no longer
burdened by the street right-of-way, and further, the adoption of Commission Resolution 3771 did not in any
manner effect a reversion or transfer of any interest in said land, to abutting landowners or to any other
interest.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that Lot 16, Block 51 Capitol Hills Addition, Bozeman, Montana, is not burdened by a street
right-of-way, and further, that the adoption of Commission Resolution 3771 did not in any manner effect a
reversion or transfer of any interest in said land, to abutting landowners or to any other interest, and that any
reference in Commission Resolution 3771 to ownership reverting to abutting landowners is hereby expressly
repealed.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 13th day of November, 2006.
__________________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL LUWE
City Attorney