HomeMy WebLinkAboutOrdinance 71- 905, Vacates portion of Juniper Street; east-west alley and north-south alley, Block 3, North Seventh Addition; portion of north-south alley, Block 4, North Seventh Addition.
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ORDINANCE NO. 90S
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING A PORTION OF JUNIPER
STREET, THE EAST-WEST ALLEY, BLOCK 3, NORTH SEVENTH ADDITION, THE
NORTH-SOUTH ALLEY, BLOCK 3, NORTH SEVENTH ADDITION AND A PORTION
OF NORTH-SOUTH ALLEY, BLOCK 4, NORTH SEVEN7H ADDITION TO THE CITY
OF BOZEMAN, MONTANA
WHEREAS, certain property owners owning property abutting upon a portion of Juniper Street,
the East-West Alley, Block 3, North Seventh Addition, the North-South Alley, Block 3, North Seventh
Addition and a portion of North-South Alley, Block 4, North Seventh Addition 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 street and alleys; and
WHEREAS, the City Commission on the 13th day of January, 1971, at its regular meeting, passed
and adopted Commission Resolution No. 1453 declaring it to be the intention of the City Commission
of the City of Bozeman, Montana, to vacate a portion of Juniper Street, the East-West alley, Block 3,
North Seventh Addition, the North-South Alley, Block 3, North Seventh Addition and a portion of
North-South Alley, Block 4, North Seventh Addition 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 street and alleys above
described which will be affected by the proposed vacation, and by publication once in a daily news-
paper in general circulation in the City of Bozeman, as provided by law; and
WHEREAS, pursuant to said Resoiution, notiee sf tae 8aeptiaR af said Rcaelution, notice of the
adoption of said resolution was published in the Bozeman Daily Chronicle at least once, to-wit, on
the 1st day of March, 1971, as appears from the Affidavit of Publication of the publisher of said
Bozeman Daily Chronicle, which in 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 O-Bar J Trailers, Inc., F. M. Kemmere~, and,M. W. Quan-
beck, Reynolds Development Company, Ethel R. Sievert Boner, Audrey W. Stevens, Daniel Stredwick and
Veronica Stredwick, which said notice designated February 17, 1971, 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 17th day of February, 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 streets and alleys hereinafter described are hereby vacated upon the condition that
the construction of a shopping center upon the premises where said streets and alleys are located
is commenced within six (6) months from the 13th day of January, 1971. A description of the streets
and alleys vacated hereby is as follows:
Portion of Juniper Street:
That portion of Juniper Street being sixty (60) feet in width and five hundred seven (507)
feet in length lying between the westerly line of North Fifth Avenue and the easterly line
of North Seventh Avenue and between and bordering Blocks three and four of North Seventh
Addition to Bozeman, Gallatin County, Montana, as filed and of record in the Clerk and
Recorder's office, Gallatin County, Montana; reserving unto the City of Bozeman utility
easements for water and sewer mains, over and across which no structures may be constructed.
East-West alley, Block 3, North Seventh Addition:
That portion of the alley in Block Three (3), North Seventh Addition to Bozeman,
Gallatin County, Montana, running east and west abutting on lots 6 thru 15 inclusive of
said Block 3, being 20 feet in width and 300 feet in length, as filed and of record in the
Clerk and Recorder's office, Gallatin County, Montana.
North-South Alley, Block 3. North Seventh Addition:
That portion of the alley serving Block 3, North Seventh Addition to Bozeman, Gallatin
County. Montana, lying north and south parallel to North Seventh Avenue, abutting on lots
1thru 5 inclusive and lots 6 and 15 of said Block 3, being 20 feet in width and 300 feet
in length as filed and of record in the County Clerk and Recorder's Office, Gallatin
County, Montana. Reserving unto the City of Bozeman, Montana, an easement for an existing
sanitary sewer main in said alley over and across which no structures may be constructed.
North-South alley. Block 4. North Seventh Addition:
That portion of the north-south alley of Block 4, North Seventh Addition to Bozeman,
ORDINANCE NO. 905
BfilM!IIm.f'4I~mM~
205
206
Gallatin County, Montana, 20 feet in width and 120 feet in length, abutting on a
portion of Lot 3 and Lots 4, 5, and 6 inclusive of said Block 4 as filed for record
in the office of the County Clerk and Recorder, Gallatin County. Reserving unto
the City of Bozeman easements for existing Sanitary sewer main and gas line install-
ations in said portion of alley over and across which no structures may be constructed.
Sec tion 2
This ordinance shall be in full force and effect from and after thirty (30) days after
its adop tion.
PROVISIONALLY PASSED AND ADOPTED at the regular meeting
Bozeman held this 17th day of February, 1971.
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ATTEST:
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f~n.;:- ;R6IG-7y
Clerk of the CHy 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. 905 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 first
day of March 1971, 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 17th day of March, 1971.
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Clerk of
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