HomeMy WebLinkAboutOrdinance 31- 599, Provides for Vacation of All That Part of Tracy Avenue South
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'h<-J- 1-'?,t,_ ORDINANCE NO. 599
AN OHDIF,ANCE OF THE COMMISSION 0]' 'rHE CITY ot' BOZmv"1.Al'T :PROVIDING- FOR THE
VACATIQN OF ALL TJIAT PORTION OF TRACY AIrEl-rUE SOUTH INCLUDE.D WrrHIN THE
FOLLOWING METES AND BOUNDS, TO-WIT:
BEGDrHNG ,AT A POINT IN rERE EAST LnJE OF TRACY AVENUE SOtJTH
VIlIERE THE SAME IS INTERSECTED BY IUlE CEN'rER LINE OF EAST
STORY STREET, AS PLATTED IN SUPI-'LEl'/lEl1TARY PLAN OF HOFFl,jL..'UJ '8
ADDITION TO BOZEtvIAH, M. T.; THENCE SOU'r~I ;~LOnG T:TE '-'lEST
BOmTDARY LINE OF BLOCKS "E" AIm "GII Oli' SAID .ADDITI:.:H TO I
THE BOUTTIWEST COHHER OF IJOT "20" OF SAID BLOCK "G" ,THEJ.:C. E . ....
WEST ON AN EXTEITSION OF TIm sourn LEn1: or SAID LOT "80"
BLOCK "G" 16.82 FEET ; Tlili:rCE JWH'l'H jJ; A STRAIGHT LINE TO '
THE POINT OF BEGINj:ING; .
AND IN LIEU THEREOF, ,A.ND IN CONSIDERATION THEREFOR, THE AKACotIDA COPPER
MINING CO., A CORPORATION, TO DEED TO THE CITY OF :r='ozn;I1~J LOT 17, BLOCK
"G", SUPllLEMEHTARY PUN O:F HOFFM.A..N'S ADDITION TO DOZE},:"'"" 1'.1. '1'.
Wl:~EREA.s :
-'~-~1..J_ Heretofore, the Conu':1ission of the City of' Boze1ilan has had
bef04'e 4'4. ,the_i'natter of re-arranging and adjusting the property line between
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the west s'ide of Blocl\:s "E" and tfG"~ Supplementary Plan of' Hoffman's Addition f""
to",B:::rza1'J:EQ:.i (oriGinally Hoffman's Add it ion) and the east line of Tracy
.Avenue SOll,tL; and
(2) On the 20th day of June, 1930, at a regular session of the ~
Cornmiss ion of the Cit y of Bozeman, COIffiniss ion Resolution # 183, ent i tled:
"A COMMISSION RESOLUTION DECLARING IT T=IE INTENTION OF 'THE
CITY OF BOZEMAN TO VACATE .ALL THAT l'ORTIOH OF '1'RACY AVElTCE
SOUTH INCLUDED 'lUTEIN THE FOLLOWING :METES ANTI FOUNDS, TO-WIT:
BEGINNING A'r A rorer IN THE EAS'r LIITE OF THACY
AVENUE SOUTH WlIERE THE SAlviE IS INTERSECTED BY
THE CENTER LINE 011' EAST STOHl' STREET, AS :PLATTED
IN SUPI)LEIllENTARY PLAIT Ol' HOFl!l'vl..AJ';' S IJ)DI'rION TO I
BOZEl\I.A::, M. T.;' THENCE sourn ALONG THE WEST . "
BOUNDARY LINE OF 7:LOC1:8 "E" AFD "G" O:F' SAID
ADDITION TO TEE SODTE\1EST COHl<illR OF SAID 'ELOCK ". '.
"G" ;TllENCE WEST ON AN EXTENSION OF THE SOUTH LIlill':
OF SAID BLOCK "G" I? '75 FEET; THEI'JCE NORTH IN A
STRAIGHT LINE TO THE POINT 0]' DEGINlTING:
AND IN LIEU THEREOF, AND IN CONSIDERATION THEREFOR, TJ-IJ:<~ ANACONDA
COPPER MINING CO., A CORPORATION, TO DEED 'ro THE CITY OF BOZNv;'AN
LOT 1'7, BLOCK "G", SUPPIJIJ\ilENTARY PLAN OF HOFFIl/iAIT'S ADDITION TO ~
BOZi:l.WT, lVI.T., AND B. M. CRENSHAW TO DEED TO THE CITY OF BOZEMAN
A TRIANGULAR SH:.Al~ED TRACT IN THE SOUTHEAST CO;UJER OF LO'r 18,
BLOCK "G", SlJPPLEL..IEN1'ARY PLA.lT OF HOFFi\/lAN '8 .lillDITION TO BOZEIvi.,AN,
M.T."
was passed and adopted; and
nOTICE IN BE
"COL1MISSION RESOLUTION NO. 183 DECLARING IT THE IlT'I'ENTION
OF THE CITY OF POZEMil.N TO VACATE A PORrION OF TRACY AVENUE
SOtJ"'TH, IN BLOCKS "E" :AND "G", SUPILEMElTTARY PLAN OF IIOFFLL1.N '3
ADDITION '1'0 BOZEJ:.Lf1.N, M. T."
was served on:
Bessie V.Z. Smith Dedora Donohoe
John H. Ross G. E. Strand
School District No. 7 Paris ~. LeMunyon
B. M. Crenshaw J. A. Bartholomew
Anaconda Copper Mining Co.
and the City Manager of the City of Bozeman did cause not ice of said ,~
Resolution, as aforesaid, to be given as required by law by publication in - I.
the Bozeman Daily Chronicle, a daily newspaper of general circulation,
printed and published in the City of Bozeman, County of Gallatin, state of
Montana, on the 1st day of July, 1930; which notice, published and served
as aforesaid, stated the time and place to-wit: Friday, the 25th day of
July, at 4 o'clock P. M., at the Commission Room in the City Hall, Bozeman,
Montana, as the time and place for hearing objections to the vacat.Lon of
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said pclrtion of' Tracy Avenue South, when and where any and all ljerSOns whose
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property abuts on that portion of Tracy Avenue South may a~i:pear and show
vause, if any they have, why an ordinance should not be passed vaoating
that port ion of Tracy AVerlUe South in Block "E" and "G", Supplementary I"lan
, of Hoffman's Addition to Bozeman, M.T., and
I (fj) At the time and place designe.ted in said liJot ice for the
. , .. hearing of objections, to-wit; Fri~ay, the 25th day of July, 1930, at
four o'clock P. M., at the Commissio~ Roo~, of the City Hall, Bozeman, Montana,
said matter coming on regularly to be heard, and due proof having been made
of the service of notice and the publication thereof in the Bozeman Daily
,
Chronicle as aforesaid, and no objections to the vacation of said portion of
Tracy Avenue South having been made or filed, save and except the objection
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of Rose hIiller Cmenshaw, the owner of' Lots 18, 19, 20 and ;:21, Block "Gft,
Supplementary Plan of :t-Ioffman's Addition to Bozeman, M.T., and she having
filed with the Commissio~ a letter as follows:
" Livingston, ,Mont.
July 25, 1930
Mr. G. O. Arnold, City Manager
Bozeman, Mont.
Dear Sir:
I dio not agree to deed to the City of Bozeman
a triangular shaped tract in the southeast corner of
I Lot 18, Block "G", supplementary plan of Hoffman's
" ... . Addition to Bozeman, M. T., in accordance with Commission
Resolution No. 183 of June 20, '1930.
Yours very truly,
";::-... ' Rose Miller Crenshawtl,
and the Commission having referred said matter to the City Manager and the
City Attorney; and said matter again coming on regul~rly to be heard,
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Friday, August 29th, 1930, at 4 o'clock P. M., at the COIDraission Room in
the City Hall, Bozeman, Montana; Bnd the Commission having investigated
and examined into the merits of the vacation of said portion of' Tracy
Avenue South, and the refusal of Rose Miller Crenshaw to execute the deed
provided for, and to be exeouted by her, and from said investigation and
examination, it appearing that 10ts1n Block "E" and "G", said addition
are owned as follows:
(a) Lots 33 and 34, Block "E", Bessie V. Z. Smith;
(b) Lots 30,31 and 32, Block mJ:", John H. Ross;
(0) Lots 1'7 to 29, inclusive, Block "E", School District NO.7;
(d) Lotw 18, 19, 20 and 21, Block "G", Rose Miller Crenshaw;
I'. (e) Lots 22, 23, 24 and 25, Block "G", Cedora Donohoe;
(f) Lots 26, 2'1, 28, 29 and 30, Block "G", G. E. Strand;
~ (g) Lots 31 and 32, Block "G~, Paris T. LeMunyonj
(H) Lots 33 and 34, Block "Gn, J. A. Bartholomew;
(i) Lot 17, Block "G", Anaconda Copper Mining Co.,
. .
and
(4) On the east side of Traoy Avenue South, between story Street
and the southwest corner of Blook"G" t is a strip of land 'which has never
)
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been used for street purposes, but has been, and now is, occupied and used for
sidewalks, and parkings; that this strip, desoribedas set forth in Seotion 1
hereof, is that portion of Traoy Avenue South, as originally laid out, which
it is the intention of the Comm.ission of the City of Bozeman to vacate as
herein set forth; that the strip herein- referred to, and to be vaoated, was I'
originally a part of Tracy Avenue South, as originally laid out; and that the .
said strip is now used and occu~ied by the abutting property owners as a part -
of the abutting parkings and sidewalks; and
(5) The Commission-deems it proper that the property line be-
tween the west 8 ide of Blocks "E" and "Gtl, Supplementary Plan of Hoffman' 8
Addition to BozeI~an (originally Hoffman's Addition) as originally platted, and
the east line of Tracy Avenue South, be re-arranged and adjusted 80 that the said line
will square and conform with the conditions existing, and that any part of
Tracy Avenue south-between said lines not used for street purposes, as herein-
before set forth, and as existing at the present time, revert to the abutting
property owners; and
(6) That in consideration of the vacation of t~at.portion of Tracy
Avenue South hereinbefore desoribed, and in lieu thereof, and in consideration
therefor, the Anaconda Copper Mining Co., a corporat ion, wiilll convey to the City
of Bozeman, Lot I?, Block "G", Su.pplementary Plan of Hoffman's Addition to
Bozeman, M:. T., and I. "
(7) Said portion of Tracy Av~nu~ Scuth hereinbefore described can · ~
be vacated without detriment to anyone owning property in the vicinity or
abutting on said portion of Tracy Avenue South, and it is to the best
interest of all property owners and the City of Bozeman that said strip be
vacated. .. -
(8) That notwith~tanding the fact that B. U. Crensliaw and Rose
Miller Crenshaw have seen fit to refuse to deed to the City of Bozeman a
triangular shaped tract in the Southeast corner of Lot 18, B1.ock "G",
Supplementary Plan of Hoff'rnnn's Addition to Bozeman, M.. T., in 'consideration
of the vacation of 'those portions of Lots 18, and 19, Block "G"; Supplementary
Plan of' Hoffman's Addition to Bozeman, M. T., hereinbefore referrec1to, the
Commission deems and considers that the other portions of said lots in
Block "E" and "G", hereinbefore referred to, abutting on Tracy Avenue South,
can and should be vacated and the deed of the Anaoonda Copper Mining Co.,
a corporation, be accepted in lieu of "and in consideration therefor.
(9) That by reason of the fact that since -the passage and adoption I
of Resol1ltion # 183 "passed" and adopted June '20th, 1930, and the provisional
passage of Ordinance # 599 on the 29th day of August, B. M. Crenshaw and/ or -
Rose l.Iiller Crenshaw have deeded lots 20 and 21, Block nGlI of Supplementary
Plan of IIoffmari. '5 Addition to Bozeman, M. T., to E. J. P,lr::in and said
E. J. Pr'..rkin has requested that said Lots 20 and 21 be included in these
pro c e ed ing s .
NOW THEHEFORE, BE IT ORDAI:fiTED BY THE COMMISSION OF TI-IE CITY OF
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BOZEMAN:
(1) That all that port'1011 pf Tracy Avenue South included within
the following metes and bounds to-wit:
"BEGINNING AT A rOINT IN THE EAST LINE OF TRACY AVENUE SOUTH
. \'nmRE Trill SPJli1E IS INTERSECTED BY THE CEl:rTER LDTE OF EAST
I STORY STREET, AS FLATTED IN SUPPLEMENTARY PLAN O:B' IIOFFMAIJ'S
ADDITIOK TO BOZEJ\lAl'T, M. T.; TlIENCE SOUTH ALONG THE WEST
, :20UNDAHY LINE OF BLOCK nE" ArID tlG" OF SAID ADDITION TO THE
SOlJT:i.n'rEST conNER OJ,i' LOT tt 20 ". OF SAID BLOGK "G", l'IiENCE WEST
. ON AN EXTENSION OF THE SOUTH LINE OF SAID I,OT "20" BLOCK "G"
., 16.82 FEET; THENCE NORTH IN A STRAIGIfl' LINE TO THE POINT OF
BEG nErnm ; IT .
be and the same is hereby vacated and discontinued.
(2) That in 'consideration therefor 'the Anaconda Copper Mining
Co., a corporation, shall and it does convey to the City of Bozeman all
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of Lot 1'7, Blook "G", Supplementary Plan of Hotfman's iddition to Bozeman,
M. T.,
(3) That thereupon the City of Bozeman is to execute and deliver
to the abutting property owners in Blocks "En and "G" a qUitclaim deed for
all that portion of Blocks "E" and "G" vacated as herein set f'o"rth, to"':wit:
......." ___'~,~-.,/r<"
(a) BESSIE V. Z. SMITH : ~,/
Description to be hereafter furnished and to cOll'form,w.i;tlt
the vacation made; " ~ ,::- := '-
( b ) JOHN H. RO SS "'.'''. --~~~ '
Description to be hereafter furnished and to conform wi th'''.M:t:.e-e,,"
vacation made;
': .'.. . ( c) SCHOOL DISTRI CT NO.7.
.... -Dewcript ion to be hereafter furnished and to conform with the
" vacation made;
'"1 ;' ....
(d) CEDORA DONOHOE.
Beginning at the northwest corner of Lot 25 of Block "Gn of
Sup:plementary Plan of Hoffman's Addition ~,o Bozeman, M. T.;
thence south along the west line of said Diock 100 feet,
more or less, to the southwE";st corner of Lot 22; thence west
along am extension of the south line of said Lot 22 a dist-
ance of 15.88 feet; thenoe north 100 feet, more or less, to
a point in the extended north line of said Lot 25 which is
14.04 feet west of the northwest corner thereof; thence east
14.04 feet to the point of beginning.
. (f) G. E. STRAND.
Beginning at the northwest corner of Lot 30 of Block "G" of
Supplementary Plan of Hoffm6n's Addition to Bozeman, M. T.;
thence south along the west l1ne of said Block 125 feet,
more or less, to the southwest corner of Lot 26 of said
Block; thence west along the extended south line of said Lot
26 14.04 feet; thence north 125 feet, more or les.s, to a
point in the extended north line of Block 30 which isll.?5
. feet west of the northwest corner thereof; thence east along
the extended north line of said Lot 30, 11.75 feet to the
. point of beginning;
( g ) PARIS T. LeMUNYON.
Beginning at the northwest corner of Lot 32 of Block nG"
Sup:9lementary Plan of Hoffman's Addition to Bozeman, Nl. T.;
thence south along the west line of said Block 50 feet,
r more or less to the sout'hweBt corner of Lot 31, of said
, .1.' Block '..'G"....; th.ence. west on an exten.Sion 01' the south 11..11e
, of sa id Lot 31 a distance of 11. '75 feet; thence north 50
feet, more or less, to a point in the extended north line
of saiq....:Vjt..-3.Z'..whrch is 10 . 83:feet west of the northvlest
. corner thereof; thence east along the extended north line
of sai..d Lot 3210.83 feet to the plaoe of beginning;
( h ) '::- J ::'A ~,:)3~ro:JioLOMEW . .,
Begipn:i.JJ.g;Jitt" tire no:rthwest corner of' Block "G" Supplementary
PlaIL of.:..... lIoffman 's Ao.dition to Bozeman, M. T; thence south
alonG-the .w.esjilin(? of said Block, 50 feet to the southwest
corner of LOt."~3 Gf said BlOCK "G"; thenoe west on an
extens-lon of the'southllne of said Lot 33 a distance of
10.83 reet.,lhence north 50feet,moreer less, to a point
on the extended north line ~'f said Block "G" <J.<Jl feet
270
west of the northwest corner thereof; thence east along
the extended north line of said Block "G" to the point of
beginning;
(i) E. J. PARKIN.
Beginning at the northwest corner of Lot 21, Block "G" of
n
SUPDlementary F'lan of Hoffman's Addition to Bozeman, M. 1.,
thence south along the west line of said Bloc};: 50 feet, ~'
more or less, to the southw6r.:;t corner of Lot 20, thence west ......
along an extension of the south line of said lot a distance
of 16.82 feet, thence north 50 feet, nIDre or less, to a
point in the extended north line of Lot 21, which is 15.88 ' ,
feet west of the northwest corner thereof, thence east \
15.88 feet to the point of beginning. .
(4) That this Ordinance shall be in full force and effect from
and after thirty days from the date of its passage by the 60IDIllission;
FINALLY PASSED by the Commission of the City ~f Bozeman, at ~.
regular session thereof, held on the 27th day of March, 1931."
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J c, c: --:INTRODUCED, read for the first time and provisionally passed by
tu.e."~~~Sion of the City of Bozeman, at a regular session of the
Commission held on the 29th day of August, 1930.
FI:rTAL PASSAGE FIXED FOR TlIE"5tll day of September, 1930. I..........'.
FINAL PASSAGE POSTPONED TO September 12, 1930. '.,
FINAL PASSAGE POSTPONED indefinitely.
,. -IIITRODUCED in amended form and prOVisionally ]Rssed by the
Commi~sion of the City of Bozeman, at a regular session of the COnIDlission
held on the 20th day of March, 1931, Final passage fixed for the day
of 1931. .
. .
PUBLISlmn in the Bozeman Daily Chronicle on 1931.
EFFECTIVE 1931.
I, Elizabeth Johnson, Clerk of the Commission of' .the City of
Bozeman; Montana, do hereby certify that the foregoing Ordinance No. 599 of
the City of Bozenmn, was published by title in the Bozeman Daily Chronicle,
a dally newspaper of general circulation printedan~ published in said City
of Boze.man., in the issue of March , and that 'due proof of said pub-
lication was made and filed in my office.
IN VfITNESS WHEREOF I h8;ve hereunto set m.y hand. and the corporate I.
seal of said City this day of March, 1931-. ,~"_,....",___......_,..".,,
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