HomeMy WebLinkAboutOrdinance 51- 761, Vacating Part of Oak Street Lying Between West Line of Rouse Avenue and West Line of Block I of Imes' Addition to City
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ORDINANCE NmABER 761
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA VACTING THAT PART OF OAK
STREET LYING BETWEEN THE 1NEST 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: 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, SAln
POINT BEING LOCATED 132.2 FEET SOUTH OF THE NORTHEAST CORNER OF SAID
1 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).
WHEREAS, the Montana Flour Mills Company, a Montana corporation, has filed a peti-
tion with the City Commission asking for the vacation of that part of Oak Street lying
between the West Line of Rouse Avenue and the West Line of Block One (1) of Imes Addi-
tion to the City of Bozeman, Montana, 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 ( 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
WHEREAS, the vacation requested in said petition was expressly subject to certain
conditions as set forth in Commission Resolution No. 710, hereinafter referred to, said
conditions being (1) that East Birch Street from the West Line of NorthRouse Avenue to
the West Line of North Montana Avenue, and North Montana Avenue from the North Line of
I 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 vaca-
ted; ( 2) that good and sufficient conveyances of said areas be secured from the Montana
Flour Mills COffiaany and Gallatin County for the aforesaid purposes prior to the passage
\ of any Ordinance by the said 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 NOrth Montana Avenue
will be adequately gravelled at the Petitioner's expense; and (5) that the said Petitioner,
Montana Flour Mills Company, give and grant unto the City of Bozeman a perpetual 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 Imes Addition to the City 6f
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 protion of said
property covered by the said easement, the property for which the said easement'is to be
1 granted being mare particularly described as follows, to wit:
A tract of ground 10 feet wide lying 5 feet on either side of the following
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 beginning North 84034'
West a distance of 241 feet, more or less, to a point on the ~outh Line of
Oak Street;
all of which conditions have now been fully complied with; and
304
WHEREAS, on the 5th day of July, 1951, at its regular meeting, the City Commission
of the City of Bozeman passed and adopted Commission: Resolution No. 710, declaring it to
be the intention of the said City of Bozeman to vacate that part of Oak Street lying
between the West Line of Rouse Avenue snd the West Line of Block One(l) of Imes Addition
to the City of Bozeman, Montana, and being more particularly described as follows: a
tract of land 30 feet in width, the center line of which is descriJed as follows; b egin- 1
ning at a point on the east line of Biock 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 the South Line of said Block One (I) a distance
of 294 feet, '1Ore or le'sB, to a point on the West Line of said Block One ( l), pur s uan t
to said Petition and subject to the aforementioned conditions, and directing the City
Mamger 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 Petitiolf, 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 the said Bo zeman
Daily Chronicle on file with the Clerk of the City Commission and which said notice des-
cribed the part of Oak Street asked by said Petition 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 18th day of July, 1951, at 1:00 o'clock P.M. at the Commission
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 I
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 objections
having been made, and it 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 Gonsideration did
decide tha t 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 vacation
of that part of Oak Street lying between the West Line of Rouse Avenue and the West Line
of Block One (I) of Imes Addition to the City of Bozeman, Montana, and being more partic-
ularly 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 (l) 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 the South Line
of said Block One (1) a distance of 294 feet, more or less, to a point on the West Line 1
of said Block One (l) could be made wi thout detriment to the public interests;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN:
Section 1. That that part of Oak Street lying between the West Line of Rouse Avenue
and the West Line of Block One (l) of Imes Addition to the City of Bozeman, Montana, 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 (l) of said Imes Addition, said point being located 132.2 feet south of the
Ordinance No. 761
305
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 ll), be and the same is hereby vacated
and discontinued.
Section 2. This Ordinance shall be in full force and effect from and after thirty
1 days after its adoption.
Adopted at a regular meeting of the City Commission of The City of Bozeman held
this 25th day of JulYi, 1951.
~/~
Attest:
J~~ Mayor-'"
Clerk of the ity Commission
Published in Bozeman Daily Chronicle July 28th, 1951.
I
State of Montana )
) ss
County of Gallatin )
I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman do hereby
certify that the foregoing Ordinance No. 761 was published by title and number in the
Bozema!l daily Chronicle, a newspaper of general circulation printed and published in
sad city in the issue of JUly 28th, 1951, and that due proof is on file in my office.
I IN WITNESS WHEREOF. I hereunto set my hand and affix the corporate seal of my
office this 30th day of JAy, 1951.
of!A ~~~ ~ ~
Clerk of the City Commission
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Ordinance No. 761