HomeMy WebLinkAboutOrdinance 70- 902, Vacates dedicated alley, Block 3, Beall's Third Addition.
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ORDINANCE NO. 902
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE DEDICATED ALLEY
IN BLOCK 3, BEALLS THIRD ADDITION TO BOZEMAN, MONTANA.
WHEREAS, Certain property owners owning property abutting the dedicated alley in Block 3,
Bealls Third Addition to Bozeman, Montana, having presented to the City Commission a petition
asking the Ci.ty Commission to institute the necessary proceedings to vacate the above described
alley; and
WHEREAS, the City Commission on the 28th day of October, 1970, at its regular meeting, passed
and adopted Commission Resolution No. 1445 declaring it to be the intention of the City Commission
of the City of Bozeman, Montana, to vacate the dedicated alley in Block 3, Bealls Third Addition
to Bozeman, Montana, and directing the City Manager to cause notice of the adoption of the Resolu-
tion to be served in the manner that service of Summons is required on all persons whose property
abutts on 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 29th day of October, 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 Albert and Millie Talboys and the Bozeman Medical Arts
Center, which said notice designated 18 November 1970, 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 18th of November, 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:
Sec tion I
That the dedicated alley in Block 3, Bealls Third Addition to the city of Bozeman, Montana. be,
and the same hereby is vacated and discontinued, Reserving, HOWEVER, an easement for the maintenance
of an existing natural gas line in said alley until such time as all utilities are removed from said
alley at no cost to the city of Bozeman. When all utilities have been removed the easement for
utility purposes shall terminate and it is the purpose and intention of this action that all right
and title to said alley pass to the adjoining property owners.
Sec tion 2
This ordinance shall be in full force and effect from s adoption.
PROVISIONALLY PASSED AND ADOPTED at the regular meeti
Bozeman held this 18th day of November, 1970.
ATTEST:
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ERNA - V. HARDING /"
Clerk of the City Commission
State of Montana )
County of Gallatin
City of Bozeman )
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby
certify that the foregoing Ordinance No. 902 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 23rd day of November
1970, and due proof of such publication is on file in my office.
IN WITNESS WEEREOF, I hereunto set my hand and affix the corporate seal of
my office this 24th day of November, 1970.
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ERNA V. HARDING, _/
Clerk of the City Commission
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