HomeMy WebLinkAboutOrdinance 70- 896, Vacates portion of dedicated alley, Dawes Subdivision.
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ORDINANCE NO. 896
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING A PORTION OF THE
DEDICATED ALLEY OF DAWES SUBDIVISION OF PORTIONS OF BLOCK C,
BLACKS ADDITION AND FRACTIONAL LOT 17 OF LINDLEY AND GUY'S
ADDITION OF THE CITY OF BOZEMAN, MONTANA.
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WHEREAS, certain property owners owning property abutting a portion of the dedicated alley of
Dawes Subdivision of portions of Block C. Blacks Addition and Fractional Lot 17 of Lindley and Guy's
Addition of the City of Bozeman, Montana, having presented to the City Commission a petition asking
the City Commission to institute the necessary proceedings to vacate a portion of the above de-
scribed dedicated alley; and
WHEREAS. the City Commission on the 3rd day of June. 1970. at its regular meeting. passed and
adopted Commission Resolution No. 1432 declaring it to be the intention of the City Commission of
the City of Bozeman, Montana. to vacate a portion of the dedicated alley of Dawes subdivision of
portions of Block C. Blacks Addition and fractional lot 17 of Lindley and Guy's addition of the
City of Bozeman, 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 abutts on that portion of the dedicated alley above described 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 8th day of Jlme, 1970, 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 Melvin Hultgren, Myrtle Hultgren, Wayne I. Snyder,
Lowell L. Christensen. Delores F. Christensen. Floyd C. Harrington, Birdi.e S. Davis, Walter R. Cli.ne
Charlotte E. Cline. Roy Earl Davis. O. F. Christenot. Annette Christenot. and Katherine Sim Titus,
they being the persons whose property abutts upon the portions of streets and alleys affected by
the proposed vacation. which said notice designated July 1. 1970. at 1:00 o'clock p.m. at the Comm-
ission Room in the Ci.ty Hall Building in the City of Bozeman as the time and place for hearing
objections; and
WHEREAS. on the 1st day of July, 1970, at its regular meeting the City Commission fully heard
objections to and the evidence in support of said vacation; and
NOW, THEREFORE. be it ordained by the Commission of the City of Bozeman:
Section I
That all that portion of the dedicated alley of Dawes Subdivision of portions of Block C,
Blacks Addition and Fractional Lot 17 of Lindley and Guy's Addition, more fully described as follows.
be, and the same hereby is vacated and discontinued:
Beginning at the southwest corner of lot 12 of said Dawes Subdivision.
being a point on the southerly line of said Dawes Subdivision and the
southeast corner of the alley of said Dawes Subdivision; thence north-
erly along the westerly lot lines of Lots 3 thru 12, a distance of 240
feet; thence westerly along the southerly line of the M. L. and Myrtle
Hultgren property a distance of 16 feet; thence southerly along the
easterly lot lines of lots 13 thru 22 a distance of 240 feet to the
southerly line of said Dawes Subdivision; thence easterly along said
southerly line a distance of 16 feet to the point of beginning.
RESERVING, HOWEVER, to the City of Bozeman a perpetual easement in said
alley for the installation and maintenance of utility lines including
sewer. water. electricity and gas transmission lines. it being the in-
tention and purpose of the vacation of said alley to abandon the sur-
face rights for public transportation but to retain subsurface rights
for utility purposes
Section 2
This ordinance shall be in full force and effect from and after thirty days after its
adoption.
ORDINANCE NO. 896
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PROVISIONALLY PASSED AND ADOPTED AT THE REGULAR MEETING of the City Commission of the
City of Bozeman held this 1st day of July, 1970.
ATTEST:
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Ern. V. Hard ng
Clerk of the City Commission
State of Montana )
County of Gallatin:
City of Bozeman )
I, Erna V. Harding, Clerk of the Ci. ty Commission of the City of
Bozeman, do hereby certify that the foregoing Ordinance No. 896
was published by title and number in the Bozeman Daily Chronicle,
a newspaper of general circulation printed and published in said
City in the issue of the 12th day of July 1970 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 23rd day of November, 1970.
ORDINANCE NO. 896
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