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HomeMy WebLinkAboutOrdinance 68- 871, Vacates easement of University Subdivision Three. 126 ORDINANCE NO. 871 AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE WESTERLY THREE (3) FEET OF A TEN FOOT UTILITY EASEMENT ON THE EAST SIDE OF LOT ONE (1) BLOCK ONE (1) OF UNIVERSITY SUBDIVISION NUMBERED THREE OF THE CITY OF BOZEMAN, MONTANA. WHEREAS, Lee G. Allen, the owner of Lot 1, Block 1 of the University Subidvision numbered 3 to the City of Bozeman, Montana, and McKinley T. Anderson, Jr., the owner of Lot 1, Block 7 of Univeristy Subdivision numbered 2 of Bozeman, Montana, has presented to the City Commission a petition asking the City Commission to institute the necessary proceedings to vacate the west- erly three feet of a utility easement consisting of the easterly ten (10) feet of Lot 1, Block 1 of University Subdivision numbered 3; and, WHEREAS, the said McKinley T. Anderson has agreed to convey to the City of Bozeman, Montana, a utility easement over and across the westerly thirteen (13) feet of Lot 1, Block 7 of Univer- sity Subdivision numbered 2, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana; and WHEREAS, the City Commission on the 8th day of May, 1968, at its regular meeting, paased and adopted Commission Resolution No. 1368 declaring it to be the intention of the City Commiss- ion of the City of Bozeman, Montana, to vacate the westerly three feet of a utility easement consisting of the easterly ten (10) feet of Lot 1, Block 1 of University Subdivision numbered 3 to the City of BozeWan, Montana and directing the City Manager to cause notice of the adoption of the Resolution to be served in the manner that service of summons is required on all persons whose property abuts on the easterly ten (10) feet of Lot 1, Block 1 of University Subdivision numbered three which will be affected by the proposed vacation, and by publication once in a daily newspaper in general circulation in the City of Bozeman, Montana, as provided by law; and, WHEREAS, pursuant to said Resolution, notice of the adoption of said Resolution was published in the Bozeman Daily Chronicle at least once, to-wit, on the 27th day of May, 1968, as appears from 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 the said Resolution has been served in the manner of the service of Summons in civil actions upon the persons whose property abuts upon the easterly ten (10) feet of Lot 1, Block 1 of University Subdivision numbered three to the City of Bozeman, Montana, affected by the proposed vacation, which said notice designated the 19th day of June, 1968, at 1:00 o'clock p.m. at the Commission Room in the City Hall Building in the City of Bozeman as the time and place for hearing objections; and, WHEREAS, on the 19th day of June, 1968, at its regular meeting the City Commission fully heard objections to and the evidence ~n support of said vacation; and NOW, THEREFORE, be it ordained by the Commission of the City of Bozeman: Section 1. That the westerly three feet of a utility easement over and across the easterly ten feet of Lot 1 of Block 1 of the University Subdivision numbered three be, and the same hereby is vacated and discontinued. Section 2. This ordinance shall be in full force and effect from and after thirty (30) days after its adoption. PROVISIONALLY PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Bozeman held this 19th day of June, 1968. ATTEST ~ Mayor ission FINALLY PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Bozeman held this 24th day of July, 1968. ~~ / ~~"' Clerk of the (City Co lssion State of Montana ) County of Gallatin :ss City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Ordinance No. 871 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City on the 21st day of June, 1968, and due proof of such publication is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the Corporate Seal of my office this 14th day of June, 1968. Z-c~ d ~_ L_ ORDINANCE No. 871 Clerk of the Ci~ssion I I I