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HomeMy WebLinkAboutResolution 710 Intention to vacate part of Oak Street 286 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 I 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 I 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 I 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: .. .. -.-..--.--.---- .......---.- 287 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; I 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. I 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: I 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__.."".._. - ---- -- ------- 288 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~ - 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 I Commission Resolution No. 710 -...."..-.--