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HomeMy WebLinkAboutC7. Resolution 4687 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Rick Hixson, City Engineer SUBJECT: Approve Resolution 4687, Discontinuing, Abandoning, and Vacating portion of Pear Street adjacent to Blocks 97 and 99, Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana. MEETING DATE: April 25, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4687, Discontinuing, Abandoning, and Vacating a portion of Pear Street adjacent to Blocks 97 and 99, Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana. BACKGROUND: On September 5, 2015, a petition was received from Kenneth and Kristin VanDeWalle to discontinue a portion of Pear Street in the Northern Pacific Addition to Bozeman. The petition was acknowledged by the City Commission and referred to staff for review on September 14, 2015. See the staff memorandum from 9/9/15: Acknowledge and Approve Receipt of a Street/Alley Vacation Request from Kenneth J. and Kristin VanDewalle to vacate a portion on Pear Street between Interstate Highway Right-of-way, on the west end and Northern Pacific Railroad Mill Spur line on East End Staff has reviewed the proposal and has found that a portion of this right-of-way could be discontinued without detriment to the public interest. Staff did not support the vacation boundary as originally proposed due to concerns with limiting access to water mains and the Pear Street booster station. The applicant agreed to amend the vacation request to limit it to the portion of right-of-way adjacent to their property on the north side of the Booster Station. The applicants own an additional small parcel of land southeast of the Booster Station, and have indicated that if the proposed vacation is approved, they may pursue a land swap with the City for additional Pear Street right-of-way. 79 Exhibit A to Resolution 3628 (2003) establishes procedures for the Commission’s determination on a petition to discontinue a right-of-way. This resolution is the final step in the established procedures. A public hearing took place on March 21st, 2016, was continued to April 11, 2016, and Resolution 4666, a Resolution of Intent to Discontinue, Abandon, and Vacate a portion of Pear Street in the Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana was considered and the following motion by the City Commission passed 5-0: “Having conducted a public hearing and considered public comment, I move to adopt the findings provided in the staff memorandum and approve the petition by Kenneth VanDeWalle to discontinue the portion of Pear Street adjacent to Blocks 97 and 99 of the Northern Pacific Addition as shown on Exhibit A of Resolution 4666 and adopt Resolution 4666, a Resolution of Intent to discontinue the street right-of-way and request staff bring back a final resolution to discontinue this right-of-way.” The Fee title to the land where the right-of-way will be discontinued as provided in Section 1 in Resolution No. 4687, is hereby declared to revert to Kenneth J. and Kristin VanDeWalle for their benefit and use subject to any existing easements held by any public or private entity for utility facilities. UNRESOLVED ISSUES: None related to this discontinuance. Potential additional right-of- way vacation/land swap, following final approval of this discontinuance and the applicant elects to pursue that. Upon approval of the final resolution discontinuing this street the approved plat and final resolution will be filed with the Gallatin County Clerk and Recorder. FISCAL EFFECTS: No significant effects identified. There will be minimal staff time to prepare a plat and final resolution and to pay the costs of filing the plat and resolution with the Clerk and Recorder. The vacated right-of-way will now be subject to assessment and taxation like any other privately owned parcel. Attachments: Commission Resolution No. 4687 Exhibit A, Final Plat Report compiled on April 14, 2016 80 Resolution No. 4687 COMMISSION RESOLUTION NO. 4687 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND VACATING A PORTION OF PEAR STREET IN THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, LOCATED IN SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, a petition to vacate a portion of Pear Street adjacent to Blocks 97 and 99 in said Northern Pacific Addition, has been filed with the City Clerk by Kenneth J. and Kristin VanDeWalle, owners of property abutting the said street right-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, the City Commission of the City of Bozeman, Montana, on the 11th day of April, 2016, at its regular meeting, passed and adopted Commission Resolution No. 4666, declaring it to be the intention of the City Commission to discontinue and abandon a portion of Pear Street as shown on said Exhibit “A”; and WHEREAS, the notice of the public hearing to consider adoption of said Resolution was published in the Bozeman Daily Chronicle on March 13th and March 20th, 2016, as appears on the affidavit of publication of the publisher of said Bozeman Daily Chronicle, which is on file with the Clerk of the City Commission of the City of Bozeman; and WHEREAS, said notice of the adoption of said Resolution has been served in the manner of the service of summons in civil actions upon all persons whose property abuts upon the portion of the above-described street affected by the proposed discontinuance, which return 81 Resolution No. 4687 of service is on file with the Clerk of the City Commission of the City of Bozeman; and WHEREAS, no legal objections to said vacation were presented on the 11th day of April, 2016, at the regular meeting of the City Commission, nor were any objections filed in writing prior to that meeting; and WHEREAS, it is in the City's best interests to discontinue the subject street right-of- way. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The City Commission hereby orders the discontinuance of all the street right-of-way of Pear Street contained within the following metes and bounds: BEGINNING at the southwest corner of Parcel A of Certificate of Survey 539, located in Section 6, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana; thence N 440 57’ 57” W a distance of 125.48 feet to the southeast corner of Lot 31, Block 97, Northern Pacific Addition to the City of Bozeman, the true point of beginning; thence S 450 02’ 03” W a distance of 60.00 feet to a point on the southerly line of Pear Street; thence N 440 57’ 57” W along said southerly line of Pear Street a distance of 291.59 feet more or less to a point on the right-of-way line of Interstate 90; thence S 690 16’ 38” E along said right- of-way line of Interstate 90 a distance of 146.17 feet to a point on the northerly line of Pear Street; thence S 440 57’ 57” E along said northerly line of Pear Street a distance of 158.38 feet to the southeast corner of Lot 31, Block 97, Northern Pacific Addition the true point of beginning. The discontinuance shall not affect the right of any public utility to continue to maintain existing plant and equipment in the street right-of-way. Section 2 Fee Title to Revert to Kenneth J. and Kristin VanDeWalle Fee title to the land where the right-of-way will be discontinued as provided in Section 1, above, is hereby declared to revert to Kenneth J. and Kristin VanDeWalle for their benefit and use subject to any existing easements held by any public or private entity for utility facilities. 82 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of April, 2016. _________________________________________ ATTEST: CARSON TAYLOR, Mayor ____________________________________ PEARL MICHALSON Deputy/Interim City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 83 84