HomeMy WebLinkAboutOrdinance 71- 909, Vacates portion of alley, Block E, Tracy's Addition.
I
I
I
ORDINANCE NO. 909
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THAT PORTION OF THE ALLEY OF
BLOCK E OF TRACY'S ADDITION TO BOZEMAN, MONTANA, LYING BETWEEN AND ABUTTING
ON LOTS THREE (3) TO NINE (9) INCLUSIVE AND LOTS FORTY (40) AND FORTY-SIX
(46) INCLUSIVE.
WHEREAS certain property owners owning property abutting upon that portion of the alley of
Block E of Tracy's Addition to Bozeman, Montana. lying between and abutting on Lots Three (3) to
Nine (9) inclusive and Lots Forty (40) and Forty Six (46) inclusive, 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 29th day of September, 1971, at its regular meeting.
passed and adopted Commission Resolution No. 1492 declaring it to be the intention of the City
Commission of the City of Bozeman, Montana, to vacate a portion of the alley of Block E of Tracy's
Addition to Bozeman. Montana, lying between and abutting on Lots Three (3) to Nine (9) inclusive
and Lots Forty (40) and Forty-Six (46) inclusive, 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 alley above described which will be affected by the pro-
posed vacation. and by publication once in a daily newspaper in general circulation in the City of
Bozeman, 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 5th day of October, 1971, as appears
from the Affidavit of Publication of the publisher of said Bozeman Daily Chonic1e. 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 George M. Hubbard. which said notice designated Oct-
ober 27, 1971, at 1:15 o'clock p.m. at the Commission Room in the City of Bozeman as the time and
place for hearing objections; and
WHEREAS, on the 27th day of October 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 all that portion of the alley of Block E of Tracy's Addition to Bozeman, Mont-
and. lying between and abutting on Lot Three (3) to Nine (9) inclusive and Lots Forty and Forty-six
(40 and 46) inclusive, upon the condition that construction of a motel and/or restaurant-lounge on
the premises wherein said alley is located be commenced within one (1) year of the date of this
ordinance and thereafter completed with due diligence, reserving. however, unto the City an easement
for the maintenance of existing natural gas and electric utility lines 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. A
description of the alley is as follows; and the same hereby is vacated and discontinued:
Beginning at the northeast corner of Lot Three (3) of said Block E; thence westerly
along the northerly lines of Lots 3, 4, 5, 6. 7, 8, and 9 a distance of 196 feet to
the northwest corner of Lot 9; thence northerly across the alley to the southwest
corner of Lot 40: thence easterly along the southerly lot lines of Lots 40, 41, 42.
43. 44. 45 and 46, a distance of 196 feet to the southeast corner of said Lot 46;
thence southerly across the alley to the northeast corner of Lot 3 to the true point
of beginning. Containing within the above described exterior boundaries 3920 square
feet
Section 2: This ordinance shall be in full force and effect from
after its adoption. .~\
PROVISIONALLY PASSED AND ADOPTED at the regular meet~g of t\e
/ .
and after thirty (30) days
Bozeman held this 27th day of October. 1971.
ATTEST:
r? ~
/--4?4./ . . . I
~na V. Har ing, ~
Clerk of the City C~mission
213
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. 909 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 31st
day of October 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 23rd day of November, 1971.
I
214
G~/~~
Erna V. Harding,
Clerk of the City Commission
I
I