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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 803 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 1 Ordinance No. 761