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Home My WebLink AboutE- Packet 07-16-2007_Street Vacation Request – Portion of East Lamme St_20 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Chris Kukulski, City Manager SUBJECT: Street Vacation Request – Portion of East Lamme Street MEETING DATE: July 16, 2007 RECOMMENDATION: Conduct public hearing and accept public comment. The Commission must make findings concerning: 1. Objection or lack of objection; 2. Percentage of owners making request a. all owners; or b. Over 50% of owners; or c. If a street or alley to be closed for school purposes, with 75% of owners 3. Whether the action can be done without detriment to the public interest 4. Whether there are any public utility easements – decision shall not affect right to continue to maintain plant and equipment in affected street or alley (7-14-4115 MCA) 5. Commission may take any of the following actions: a. Deny the petition b. Approve the petition c. Approve the petition with conditions d. Approve an alternative to the action e. Allow the petition to be withdrawn f. Allow any other action that is in the best interests of the public 319 If the vacation request is approved the City Engineering Office will prepare a Plat depicting the approved change. The Plat will be placed on the next available Commission Consent Agenda along with a Resolution of Vacation. Once approved, the Plat and Resolution of Vacation will be filed with the County Clerk and Recorder. Staff recommends the Commission approve the petition and direct Staff to bring back the Resolution to Vacate for approval on the Commission Consent agenda. BACKGROUND: On June 18, 2007 the Commission approved Resolution 4028, Intent to Vacate a portion of East Lamme Street. A public hearing on the street vacation was scheduled for July 16, 2007. An application was received from Paul N. Bockus to vacate the remaining portion of E. Lamme Street east of N. Broadway. 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 traffic. The northerly portion of this right-of-way has been encroached upon and used as side yard for the property at 202 N. Broadway for many years. The right-of-way proposed for vacation is 60 feet wide and extends east from Broadway a distance of approximately 120 feet to meet with a previously vacated portion of Lamme Street. Impacts on private and public utilities: No objections to this proposed vacation were received from any private or public utility providers. Impact on traffic: Vacation of this right-of-way would not have any impact on existing traffic as the right-of-way is currently not used for roadway. There appears to be no need for this right-of-way to serve as access to properties farther east of Broadway. Impact to Adjoining Property Owners: All of the adjoining property owners have consented to this proposed vacation. FISCAL EFFECTS: Upon vacation, the right-of-way will revert to private ownership, and the property will be assessed taxes and other assessments, which will be a slight increase in the existing taxes and assessments. ALTERNATIVES: As suggested by the City Commission. 320 Respectfully submitted, _________________________________ ____________________________ Andrew Kerr, Engineering Assistant Chris A. Kukulski, City Manager Attachments: Photographs Application for Street/Alley Vacation Commission Resolution No. 4028 Letters of consent Adjoiners list Report compiled on July 12, 2007 321 322 323 "EXHIBIT APROPOSED STREET VACATIONCITY ENGINEERING OFFICE 6/07/071"=50' SCALE- STREET TO BE VACATEDBROADWAY LAMME STREET (VACATED)50'50'70'70'NORTHERN PACIFIC RAIL WAY RIGHT OF WAY APPROXIMATE W'LY LINE OF VACATED LAMME STREETPURSUANT TO ORDINANCE NO. 148EXISITING CREEKCLTRACKS AS FIELD LOCATED 120.6'120.6'BLK 41NOR. PAC. ADDITIONLAMME STREETTRACT 1 COS. 2066 BLK 33 NOR. PAC. ADDITION 61.96' 61.96'324 325 326 327 328 Adjoiners List – E. Lamme Street Vacation Property Owner/Mailing Address Legal Description Paul N. & Ann L. Bockus Lot 14 Block 41 202 N. Broadway Northern Pacific Addition Bozeman, MT 59715 Laurence E. Pearson Tract 1, C.O.S. 2066, located in The Rookery LLC Block 33, Northern Pacific Addition P.O. Box 3666 Bozeman, MT 59772 BNSF Railway Northern Pacific Railway right-of- 2500 Lou Menk Drive, AOB-3 way, Northern Pacific Addition Fort Worth, TX 76131 329 COMMISSION RESOLUTION NO. 4028 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 E. LAMME STREET FROM THE EAST LINE OF BROADWAY TO A POINT APPROXIMATELY 120.6 FEET EAST OF THE EAST LINE OF BROADWAY, LOCATED BETWEEN BLOCK 33 AND BLOCK 41, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, IN THE NORTHEAST ONE-QUARTER OF SECTION 7, 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 E. Lamme Street, has been filed with the City Clerk by Paul N. Bockus, owner of 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 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 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 of the City Commission of the City of Bozeman, Montana, to vacate the street right-of-way for a portion of E. Lamme Street, more particularly described as follows: BEGINNING at the southwest corner of Block 41, Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana; thence easterly along the south line of said Block 41 a distance of 120.6 feet more or less to the approximate westerly limit of the portion of Lamme Street vacated by Ordinance No. 148; thence southerly along said westerly limit the portion of Lamme Street vacated by Ordinance No. 148 a distance of 61.96 feet more or less to a point on the north line of Block 33 of said Northern Pacific Addition; thence westerly along said north line of Block 33 a distance of 120.6 feet more or less to the easterly line of Broadway; thence northerly along said easterly line of Broadway a distance of 61.96 feet more or less to the Point of Beginning, containing 0.17 acres, more or less. 330 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 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. 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 Monday, the 16th day of July 2007, 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 street right-of-way. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of June, 2007. __________________________________________ ATTEST: JEFFREY K. KRAUSS, Mayor ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 331 NOTICE OF INTENT TO VACATE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 18th day of June 2007, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 4028, entitled: COMMISSION RESOLUTION NO. 4028 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 E. LAMME STREET FROM THE EAST LINE OF BROADWAY TO A POINT APPROXIMATELY 120.6 FEET EAST OF THE EAST LINE OF BROADWAY, LOCATED BETWEEN BLOCK 33 AND BLOCK 41, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, IN THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 16th day of July 2007, 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 street 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 street rights-of-way affected by the proposed vacation to appear and object, if they wish to do so. DATED this 19th day of June 2007. _________________________________________ BRIT FONTENOT City Clerk Legal Ad Publish: Sunday, June 24, 2007 Sunday, July 1, 2007 332 333