HomeMy WebLinkAboutOrdinance 71- 903, Vacating north 165 feet of dedicated alley, Block 2, Durston's Second Addition.
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ORDINANCE NO. 903
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE NORTH 165 FEET OF
THE DEDICATED ALLEY IN BLOCK 2 OF DURSTON'S SECOND SUBDIVISION TO
TIlE CITY OF BOZEMAN, MONTANA.
HHEREAS, certain property ot-mers owning property abutting upon the North 165 feet of the
dedicated alley in Block 2 of Durston's Second Subdivision to the City of Bozeman, Montana, having
presented to the City Commission a petition asking the City Commission to institute the necessary
proceedings to vacate the above described alley; and
WHEREAS, the City Commission on the 2nd day of December, 1970, at its regular meeting,
passed and adopted Commission Resolution No. 1447 declaring it to be the intention of the City
Commission of the City of Bozeman, Montana, to vacate the North 165 feet of the dedicated alley
in Block 2 of Durston's Second Subdivision to 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 the dedicated alley above
described which wi.ll be affected by the proposed vacation, and by publication once in a daily
newspaper in general circulation in the City of Bozeman, as provided by law; and
l~EREAS, pursuant to said Resolution, notice of the adoption of said Resolution was pub-
lished in the Bozeman Daily Chronicle at least once, to-wit, on the 7th day of December, 1970,
as appears from the Affidavit of Publication of the publisher of said Bozeman Daily Chronicle,
\V'hich 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 Howard Nelson and R. G. Proctor and Marie Proctor,
which said notice designated Wednesday, 30 December 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 object-
ions; and
WHEREAS, on the 6th day of January, 1971, 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 1
That the North 165 feet of the dedicated alley in Block 2 of Durston's second Subdivision
to the City of Bozeman, Montana, be, and the same hereby is vacated and discontinued upon the follow-
ing condi Hons:
a. That the owners of the lots abutting said vacated alley replace and install
at their expense the existing sewer pipeline in said alley with an eight inch cast iron sewer
pipe and that the City of Bozeman, Montana, retain an easement in and to said alley for
sewer utility purposes;
b. That the QtV'ners of the land abutting the above described alley to be vacated
grant and convey to the City of Bozeman for the use by the public of an alleyway 25
feet in width along a centerline 177~ feet south of and parallel to the north line
of said Block 2 from the west line of said Block 2 on North 8th Street easterly to the
east line of the existing alley in said block 2 of Durston's Second Subdivision to
the City of Bozeman.
c. That the above described alley vacation shall be contingent upon the owners
of the property abutting the alley to be vacated commencing construction and erection
of a building over, upon and across said vacated alley within six (6) months from the
date of the passage of Commission Resolution No. 1447.
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
of Bozeman held this 6th day of January, 1971.
ORDINANCE NO. 903
201
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. 903 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---38th Day of Januar'y
1971, and due proof of such publication is on file in my office.
IN "VJITNESS WHEREOF, I hereun to se t my hand and affix the corpora te seal of
my office this 28th Day of January ,1971.
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ATTEST:
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~\T. HAF!.DING, /
CLERK OF HlE CITY COMMISSION
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ERNA V. HARD! TG,
Clerk of the City Commission
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