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HomeMy WebLinkAboutOrdinance 27- 566, Vacates Portion of East Olive Street Between Tracy Avenue South and Black Avenue South 76 ORDINANCE NO. 066. - .AN ORDINANCE TO VACATE AND DISCONT lNUE ACIRTAIN PORTION OF EAST OLIVE STREE BETWEEN TRACY .AVENUE SOU!H m BLACK AVENtJ! SOUTH, DESCRIBED AS FOLLOWS: BEGINNIBG AT THE BE CORNER OF LOT 1, BLOCK D OF BLACK'S ADDI- TIONTO THE CITY OF BOZEMAN, MONTANA; THENCE NORTH 6 FEET, MORE OR LESS, TO A POINT 1 FOOT SOUTH OF' THE SIDEWALK ON THE SOUTH SIDE OF E. OLIVE 'STREET; THENCE WEST PARALLEL WITH Am> 1 FOOT SOUTH OF SAID SIDEWALK 150 I FEET, MORE OR LESS, TO THE EXTENDED EAST LINE OF THE ALLEY IN SAID BLOCK D; THENCE ,SOUTH 6 FEET, MORE OR LESS, TO THE NW CORNER OF SAID LOT 1; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1 .A DISTANCE OF 150 FEET, MORE OR LESS, TO THE PLACE OF BEGIN1!{ING; SAID TRACT BEING SHOWN ON THE PLAT OF BLAOK'S ADDITION AS A PORTION OF DtIVE STREI!. BE IT ORDAINED BY THE COJlM.ISSION OF THE CITY OF BOZEMAN: See. 1. That all that portion of East Olive Street between Tracy Av- o enue South and Black Avenue, South, :particularly described as follows, to-wit: BEGINNING AT THE BE CORNER OF LOT 1 ,BLOCX: D OJ' BLACK'S ADD!! ION TO THE , CITY OIr BOZEMAN, ,MOHAN!.; THENCE NORTH 6 FEET, MORE OR tESS, TO A POINT 1 FOOT SOUTH OF THE SIDEWALK ON 'fiRE SOUTH SIDE OF E. OLIVE STREET; THENCE , WEST PARALLEL WITH AND I FOOT SOUTH OF SAID SIDEWALK 150 FEET, MORE OR LESS ,TO THE EXTENDED EAST LINE OF THE ALLEY IN SAID BLOCK D; THENCE SOUTH 6 FEET ,MORE OR LE S5, TO THE :n CORNER OF ...SAID LOT I; THENC E EAST ALONG THE NORTH LID OF SAID LOT 1 .A. DISTUCE ,or 150 FEET, MORE OR LESS, TO THE PLACE OF BEGINlIIG;SAID TRAe! BEING SB>OWN ON THE PLAT OF BLACK'S ADDITION AS A POR!IOlf OF OLIVE STREET, be, and the same is hereby vaoa~ed and discon'tinued. Sec. 2. That the vaoation and discontinuanoe of said portion of East Olive Str~et be"tweenTracy Avenue south and Blaok Avenue South is made pur- suantto the petition of Orvilla Maud Watts, and whioh petition reoites I that said portion ot East Olive street described could be vaa.ted and 4i8- oont inued without detriment to the publio interest. Tha t upon the flll'ng' of said petition and consideration thereof by the City Commission of the City of Bozeman at its regular meeting held on the 25th day of November, 1927, City Commission Resolution No.9', being a resolution of intention of the said ,City Commission to pass an ordinance vacating and discontinuing said portion of East Olive street, setting a time and place for heariDg obJections to the proposed vacating and discontinuing the same, ,and provid- . , ,~~ ing for the notice of said he~ing, was duly passed and adopted, and said hearing coming on regui~17 to. be heard on this 9th day of December, 1927, ,,""~';';.oil~:;\..i,;o at the'1"egular meeting of the Oi ty Commission, and it appearing that due and regular notioe of the proposed vaoation and disoontinuanoe of said ...,.... portion of East Olive street has been served and published as provided by la., and it further ap:pears that less than fifty-one per oent. Of the atteote4.proper",y Qb3eets to the proposed vacation and discontinuance ot ....14 pOrtloi1 or kilt Olive Street" and that the same said :portion ot East I Olive street can be vacated and discontinued without detriment to the pub- .. ~t'. 11clnt.rest, and it furth81' appearing that the pr..,er of said petition should be granted, said portion of East Olive street and all thereof men- tioned and desoribed inS.e. 1 above, are vaoatedand discontinued. Sec. 3. It the discontinuanoe orvaoation of any particular portion of . . .' I ' Bast Olive Street should be r&galarly questio':i1ed and by thEf~ourt held to . '\ ....-'r_ -- ,. ..,.'"..,) '_I".""'t'''lIii~~,~~,~::,.J' 77 ..",,- '.""-":'.:," ,. " be invalid for any reason, the Invalidltyof the vacation or disoontinuance of such partioular portion ot East Olive Street shall in no manner affect the other :provisions ,of this ord:1nanc..r' a:rteot the validi'1 of the dis- continuance and vacation ot 8n7 ot the portion otEast Olive Street described I above,' and so held to be ,valid. Sec. 4. ~hat this ordinance shall be in full force and effeot from and atter thirty (30) days atter its passage, approval and publication. Passed, adopted and approved by the Commission of the City of Bozeman, ., Montana, this 9th day of December, 1927. ATTEST: . I __~pA-(/~~ ~f'~ .. .. .... ._,.. '."""'~'" "- '....... ". ,~ .... -- _. ,- ,-, _. STATE OF MONTANA ) 58 County ot Gallatin ) I, Walter Davis, Clerk of the Colllllisslon of the City at Bozeman, Montana, I, ~ do hereby certify that the f'orelOingo.dlnan...~. 566 o~ t_. City at Boze- man, Montana, was published by printing at l.ngth in the Bozeman Daily 9hrOniCle, a daily newspaper of general ciroulat1on, printed and published in the City of' Bozeman, :Montana, in the issue of December 20, 1927, and that due proof of said publication was made and filed in my office. IN WITNESS WHEREOF I have hereunto set my hand and the corpora1e seal ot , .,li- said City this 21st da7 of December, J.~D.1927. . .... - _.~~/~~/ eLDK OP TImCOlOIISS-ION. ... I -.- ..~,':