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HomeMy WebLinkAboutOrdinance 51- 757, Vacates Short Street Between West Line of North Fifth Avenue and East Line of North Sixth Avenue and also Alley ')91 f-.J t \~ ,~) 1')..\\.,0- ORDINANCE NUMBER 757 r'~~ .:v...... 'i.' (r..'" ,~\).,~~,l., ~ ."g ;J..,.---'- AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, VACATING SHORT STREET BETWEEN .' .'./ lit-./' ",- Jt?:.I."'- THE WEST LINE OF NORTH FIFTH AVENUE AND THE EAST LINE OF NORTH SIXTH AVENUE, AND ALSO THE ALLEY IN BLOCK ONE OF THE VIOLETT ADDITION TO THE CITY OF BOZE- ~"...I'''' MAN, AND ALSO THAT PART OF THE ALLEY IN BLOCK 4 OF THE VIOLETT ADDITION TO THE CITY OF BOZEMAN SITUATE AND LYING BETWEEN LOTS 1 AND 2 AND LOTS 17 AND 18 IN SAID BLOCK 4 OF THE SAID VIOLETT ADDITION TO BOZEMAN, MONTANA. WHEREAS, on the 7th day of February, 1951, School District No.7, Gallatin Gounty, I Montana, filed a petition with the City Commission asking for the vacation of Short Street between the West line of North Fifth Avenue and the east line of North Sixth Avenue, and also the alley in Block 1 of the Violett Addition to the City of Bozeman, and also that paPt of the alley in Block 4 of the Violett Addition to the City of Bozeman situate and lying between Lots 1 and 2 and Lots 17 and 18 in said Block 4, of the said Violett Addi- tion to Bozeman, Montana; and WHEREAS, the vacation requested in said petition was expressly subject to certain conditions as set forth in said Petition, said conditions being (1) that the area to be vacated was to be made and used as a part of school grounds and used for school purposes; ( 2) that School District Number 7, as the owner thereof, would deed to the City of Bozeman the South 24 feet of Lots 2 and 17 of Block 14 of the Violett Addition to Bo~eman, Montana; and (3) that should the property abutting upon the street and alleys sought to be vacated by said petition be sold or put to any other use than for school grounds or school purposes, the said School District Number 7 would, by deed or such other legal instrument as m~ght be required by the City of Bozeman, reconvey the said vacated area for use as a street and alleys; and I WHEREAS, on the 31st day of January, 1951, at its regular meeting, the City Commis- sion of the City of Bozeman passed and adopted Commission Resolution No. 703, deClaring it to be the intention of the said City of Bozeman to vacate Short Street between the west line of North Fifth Avenue and the East line of North Sixth Avenue, and also the alley in Block 1 of the Violett Addition to the City of Bozeman, and also that part of the alley in Block 4 of the Violett Addition to the City of Bozeman situate and lying between Lots 1 and 2 and Lots 17 and 18 in said Block 4 of the said Violett Addition to Bozeman, Montana, pursuant to said petition, and directing the City Manager of the City of Bozeman to give notice thereof in the manner and for the time as provided by law; and WHEREAS, pursuant to said petition notice of the filing thereof and of the adoption of said Resolution was published in the-Bozeman Daily Chronicle at least once before said petition was acted upon, as appears by the affidavit of the publisher of said Bozeman Daily Chronicle on file with the Clerk or the City Commission and which said notice described the portion of Short Street, the alley in Block 1 of the Violett Ad- I dition to the City of Bozeman, and the portion of the alley in Block 4 of the Violett Addition to the City of Bozeman, asked by saidpetition to be vacated, and giving notice that the hearing on said petition would be had at the regular meeting of the City Com- mission to be held on the 7th day of February, 1951, at 1:00 o'clock P.M. at the Com- mission Room in the City Hall Building of The City of Bozeman;and WHEREAS, the City Manager having given notice of the filing of said petition and the adoption of said Resolution of Intention for the time and in the manner as by law provided, and the time for objections as set forth in said notice having expired and no 296 obj ections having been made, andi t appearing that all provisions of the law in such cases made and provided had been fully met and complied with;and WHEREAS, at the time and place so designated the City Commission, in regular session assembled, did then and there fully consider said Petition and after such consideration did decide that such petition should be granted and such determination was entered upon the minutes of said meeting, and did then and there determine and decide that such vaca- I tion of Short Street between the west line of North Fifth Avenue and the East line of North Sixth Avenue, and also the alley in Block 1 of the Violett Addition to the City of ~ Bozeman, and also that part of the alley in Block 4 of the Violett Addition to the City of Bozeman situate and lying between Lots 1 and 2 and Lots 17 and 18 in said Block 4 of the said Violett Addition to Bozeman, Montana, could be made without detriment to the public interests and should be made in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That Short Street between the west line of North Fifth Avenue and the east line of North Sixth Avenue, and also the alley in Block 1 of the Violett Addition to the City of Bozeman, and also that part of the alley in Block !I of the Violett Addi- tion to the City of Bozeman situate and lying between Lots 1 and 2 and Lots 17 and 18 in said Block 4 of the said Violett Addition to Bozeman, Montana, be andthe same are hereby vacated and discontinued. Section 2. That said vacation is made upon and is subject to the following express conditions and prerequisites; 1. That the area to be vacated is to be made and used as a part of school I grounds and used for school purposes; 2. That School District Number 7, as the owner thereof, will deed to the City of Bozeman the South 2h feet of Lots 2 and 17 of Block 4 of the Violett Addition to Boze;nan, Montana; and 3. That should the property abutting upon the street and alleys sought to be vacated by said petition be sold or"'>put to any other use than for school grounds or school purposes, the said School District Number 7 will, by deed or such other legal instrument as might be required by the City of Bozeman, reconvey the said vacated area for use as a street and alleys. Section 3. This Ordinance shall be in full force and effect from and after thirty days after its adoption. Adopted at a regular meeting of the City Commission of The City of Bozeman held this 21st day of February, 1951. ~.(IL Attest: d~n Mayor Published in Bozeman Daily Chronicle February 24th, 1951. State of Montana ) ) ss 00unty of Gallatin ) I, L. G. Shadoan, Clerk of the C.:)mmission of The City of Bozeman, do hereby certify _I that the foregoing Ordinance No. 757 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulB tion printed and published in said City, in the issue of February ?4th, 1951, and due proof is on filein my office. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 21st day of May, 1951. /~?Z/ Clerk of the City Commission Ordinance No. 757