HomeMy WebLinkAboutResolution 710 Intention to vacate part of Oak Street
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COMMISSION RESOLUTION NO. 710
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT
TO BE THE INTENTION OF SAID COMMISSION TO VACA'rE THAT PART OF OAK STREET LYING
BETWEEN THE WEST LINE OF ROUSE A VENUE AND 'rHE WEST LINE OF BLOCK ONE (1)
OF
IMES ADDITION TO THE CITY OF BOZEMAN, MONTANA, AND
BEING MORE PP,RTICULARLY
DESCRIBED AS FOLLOWS: A TRACT OF LAND 30 FEET IN
WIDTH, THE CENTER LINE OF
WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT
A POINT ON THE EAST LINE OF
BLOCK ONE (1) OF SAID IMES ADDITION, SAID POINT BEING LOCATED
132.2 FEET SOUTH
OF THE NORTHEAST CORNER OF SAID BLOCK ONE (1), THENCE FROM SAID POINT OF
BEGINNING WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID BLOCK ONE (1) A
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DISTANCE OF 294 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID
BLOCK ONE (1).
WHEREAS, the Montana Flour Mills Company,
a Montana corporation having one of
its principal places of business at Bozeman,
Galletin ~ounty, Montana,
claiming to be
the owner of all of Block One
( 1)
of Imes Addi tion to the City of Bozeman and ofcer-
tain property outside of the City Limits of the said City of Bozeman north of and
adjacent to the east portion of Oak Street
in said City of Bozeman,
as hereinafter
described, has filed with the City Commission its petition for the vacftion of that
part of Oak Street lying between the West line of Rouse Avenue and the West Line of
Block One
(1) of Imes Addition to the City of Bozeman, Montana,
and being more parti-
cularly described as follows:
A tract of land 30 feet in width,
the center line of
which is described as follows:
Beginning at a point on the East Line of Block One
( 1)
of said Imes Addition, said point being located
132.2 feet south of the Northeast
Corner of said Block One
(1) , thence
from said point of beginning westerly parallel
with the South Line of said Block One
(1)
a distance of 294 feet, more or less, to a
point on the West Line of said Block One
( 1) ,
and the City Commission having duly con-
sidered said Petition and after such consideration having determined that the prayer
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thereof may be granted without detriment to the public interest;
and
WHEREAS, the vacation requested in said Petition was considered
by and the prayer
thereof granted by the said City Commission upon certain express conditions,
said con-
ditions being (1)
that East Birch Street from the West Line of North Rouse Avenue to
the West Line of North Montana Avenue,
and North Montana Avenue from the North Line of
East Birch Street to the South Line of East Oak Street,
said streets being now vacated,
be permanently opened and dedicated to
the City of Bozeman by the owners thereof for
street purposes as a traffic route replacing the portion of East Oak Street
to be
vacated;
( 2) that good and sufficient conveyances of said
areas be secured from the
Montana Flour Mills Company and Gallatin County for the aforesaid purposes prior to the
passage of any Ordinance by the sald City of Bozeman vacating East Oak Street in accordance
with the prayer of the
said Petition;
(3) that the portions of East Birch Street and North
Montana Avenue above described to be dedicated and opened be sixty (60)
feet in width
at all points;
(4) that the said portions of East Birch
Street and N~rth Montana Avenue
will be adequately gravelled at the Petitioner's expense;
and (5)
that the said Peti-
tioner, Montana Flour Mills Company,
give and grant unto the
City of Bozeman a perpetual
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easement for a ten (10")
inch water main belonging to the said City of Bozeman and
running across certain property of the said Petitioner in Block One
(1)
of 1mes Addition
to the City of Bozeman,
and that as a part of said easement the said Petitioner shall
covenant and agree with the City of Bozeman not to build any structure over and above
any portion of said property covered by the said easement,
the property for which the
said easement is to be granted being more particularly described as follows,
to wit:
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A tract of ground 10 feet wide lying 5 feet on either side
of the fol-
lowing described center line:-Beginning at a point on the East
Line of
Block One (1) of Imes Addition to the City of Bozeman, Montana,
from
which point the Southeast Corner of said Block One (1) bears
Southerly along
said East Line a distance of 225.4 feet, thence from said point
of begin-
ning N~rth 84034' West a distance of 241 feet, more or less,
to a point
on the South Line of Oak Street;
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NOW THEREFORE,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN:
Section 1.
DELCARATION OF INTENTION.
It 1s hereby declared to be the intention
of the Conunission of The City of Bozeman,
subject to the express conditions hereinabove
set forth, to vacate that part of Oak Street lying between the West line of Rouse Avenue
and the West Line of Block One (1) of Imes Addition
to the City of Bozeman, MJntana, and
being more particularly described as follows: A
tract of land 30 feet in width, the
center line of which is described as follows: Beginning
at a point on the East Line
of Block One (1) of said Imes Addition,
said point being located 132.2 feet south of the
Northeast Corner of said Block One ( l) ,
thence from said point of beginning westerly
parallel with theSouth Line of said Block One (1)
a distance of 294 feet, more or less,
to a point on the West Line of said Block One (
1) , upon the Petition of the Montana
Flour Mills Company, as the owner of all of Block One (1)
of Imes Addition to the City of
Bozeman and of certain property outside of the City Limits of the said City of Bozeman
north of and adjacent to the east portion of Oak Street in said City of Bozeman,
sub-
ject to objections of owners of property affected by such proposed vacation,
in accordance
with the provisions of Section 11-3310 of the Revised Codes of Montana,
1947.
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Section 2. TIME OF OBJECTION.
That the regular meeting of the Conunission of The
City of Bozeman to be held on Wednesday, the 18th
day of July, 1951, at the hour of
one
o'clock P.M. of said day,
at the Commission Room,
in the City Hall Building, Bozeman,
Montana, is the time when and the place where the City Commission
will consider and pass
upon objections to said proposed vacetion and the City Manager is directed to give notice
thereof in the manner and for the time as required in said Section 11-3310 of the R~-
vised Codes of Montana, 19~-7 .
Passed and adopted by the City Commission at its regular meeting held on the 5th
day of July, 1951.
Attest:
#/4
~~~~
Clerk of the City Commission
Mayor "
NOT ICE
NOTICE OF HEARING ON PETITION OF MONTANA FLOUR MILLS COMPANY,
A MONTANA
CORPORA'fION, TO VACATE THAT PART OF OAK STREET LYING BETWEEN
'fHE WEST LINE
OF ROUSE AVENUE AND THE WEST LINE OF BLOCK ONE (1)
OF IMES ADDITION TO THE
CITY OF BOZEMAN, MONTANA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
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A 'rRACT OF LAND 30 FEET IN 1,IVIDTH, THE CENTER LINE
OF WHICH IS DESCRIBED AS
FOLLOWS: BEGINNING
AT A POINT ON THE EAST LINE OF' BLOCK ONE (1) OF SAID
IMES ADDITION, SAID POINT BEING LOCt,TED 132.2 FEET SOUrH OF THE NORTHEAST
CORNER OF SAID BLOCK ONE (1), THENCE FROM SAID POINT OF BEGINNING WESTERLY
PARALLEL WITH THE SOUTH LINE OF SAID BLOCK ONE (1) A DISTANCE OF 294 FEET,
MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID BLOCK ONE (1).
NOTICE IS HERJ~~BY GIVEN: That the Commission of
The City of Bozeman has adopted a
resolution declaring it to be the intention of said Commission to pass an Ordinance
vacating thEt part of Oak Street lying between the West Line of Rouse Avenue andthe West
Line of Block One (1)
of Imes Addition to the City of Bozeman, Montana, being more par-
u__.."".._.
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ticularly described as follows:
A tract of Land 30 feet in width,
the center line
of which is described as follows:
B;ginning at a point on the East line of Block
One
(1 ) of said Imes Addition,
said point being located 132.2 feet south of the
Northeast Corner of said Block One
(1) ,
thence from said point of beginning wes-
terly parallel with the South Line of said Block One
(1)
a distance of 294 feet, more
orl ess,
to a point on the West Line of said Block
One ( 1) ,
in accordance with the Pe- I
titian of the Montana Flour Mills ~ompany,
as the owner of all of Block One
(1 ) of
Imes Addition to the City of Bozeman and of certain property outside of the City
Limi ts of the
said City of Bozeman:lorth of and adjacent to
the east portion of
Oak Street in said City of Bozeman,
as described in said Resolution,
the City Com-
mission being of the opinion after due consideration,
that
said Petition may be
granted without detriment to the public
interest.
And notice is further hereby given that any and all objections to the passage
and adoption of such an Ordinance of vacation will be heard and considered by the City
Commission at its regular meeting to be held on Wednesday,
the 18th day of July,
1951,
at the hour of one o'clock P.M. at the Commission Room in the City Hall Build-
ing,
Bozeman, Montana.
Dated this lOth day of July, 19,1.
~~~t2~
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City Manager
State of Montana
)
I
) ss
County of Gallatin
)
I, L. G.
Shadoan, Clerk of the Commission of The City of Bozeman,
do hereby
certify that the foregoing in re Commission Resolution No.
710 was published at
length in the Bozeman Daily Chronicle,
a newspaper of general circulation printed
and published in
said City in the issue of July 11th,
1951, and Commission Resolu-
tion No.
710 was published by title and number in the Bozeman Daily Chr:micle in
the issue of July 13th,
1951, and that
due proof is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of
my office this 14th day of July,
1951.
/:r~
Clerk of the
City Commission
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Commission Resolution No.
710
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