HomeMy WebLinkAboutOrdinance 71- 910, Vacates portion of Aspen Street, Northern Pacific Addition.
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ORDINANCE NO. 910
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING A PORTION OF ASPEN
STREET LYING BETWEEN LOTS 25 THROUGH 32 INCLUSIVE, OF BLOCK 109,
AND LOTS 1 THROUGH 8 INCLUSIVE, OF BLOCK 108, NORTHERN PACIFIC
ADDITION TO BOZEMAN, MONTANA.
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WHEREAS, ~ertain property owners owning property abutting upon that portion of Aspen
Street lying between Lots 25 through 32 inclusive, of Block 109, and Lots 1 through 8 Inclusive,
of Block 108, Northern Pacific Addition to Bozeman, MOntana, having presented to the City Comm-
ission a petition asking the City Commission to institute the necessary proceedings to vacate the
above described street; and
WHEREAS, the City Commission on the 3rd day of November, 1971, at its regular meeting,
passed and adopted Commission Resolution No. 1495 declaring it to be the intention of theCity
Commission of theCity of Bozeman, Montana, to vacate a portion of Aspen Street lying between Lots
25 through 32 inclusive, of Block 109, and Lots 1 through 8 inclusive of Block 108, Northern Pacific
Addition to 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 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, as provided
by law; and
WHEREAS, pursuant to said Resolution, notice of the adoption of said Resolution was pub-
lished in the Bozeman DailyChronicle at least once, to-wit, on the 8th day of November, 1971, 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 Jack Seifert, Montana Power Company, Mrs. Richard
T. Aubry, Marie McNeil, Henry and Norman Peterson, Willis E. Blair, Gordon H. Stevens, William and
Ruby M. Glass, Amos Rucker, Missoula Mercantile Company, % Peavey Company, Best Dairy Farms and
Haynes Studios, Inc., which said notice designated December 1, 1971, at 1:15 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 1st day of December, 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 a portioR of Aspen Street lying between Lots 25 through 32 inclusive, of Block 109,
and Lots 1 through 8 inclusive, of Block 108, Northern Pacific Addition to Bozeman, Montana, more
fully described as follows, be, and the same hereby is vacated and discontinued:
Beginning at the northwest corner of lot one (1) of Block one hundred
eight (108) of said Northern Pacific Addition; thence easterly along
the south line of Aspen Street being the northerly line of said Block
108, a distance of two hundred (200) feet to the northeast corner of
lot eight (8) of said Block 108; thence northerly across said Apsen
Street to the southeast corner of lot twenty-five (25) of Block 109
of said Northern Pacific Addition; thence westerly along the north
line of Aspen Street being the southerly line of said Block 109 a
distance of 200 feet to the southwest corner of lot thirty-two (32)
of said Block 109; thence southerly across Aspen Street to the north-
west corner of lot one (1) of Block 108, being the point of beginning.
Containing within the above described exterior boundaries 24,000
square feet or .551 acres.
Reserving unto the City of Bozeman an easement for existing sanitary
sewer main and appurtenances and access to the above described pro-
perty to maintain said sanitary sewer services.
The vacation of a portion of said Aspen Street rescinds a Use Permit
Agreement granted the Montana Power Company by the City of Bozeman
Commission action of June 19, 1968.
Section 2
This ordinance shall be in full force and effect from and after thirty (30) days after its
adoption.
Ordinance No. 910
215
216
ATTEST:
PROVISIONALLY PASSED AND ADOPTED at the regular meeting
of Bozeman held this 1st day of December, 1971.
f:/t:?t<T--'
ERNA V.. HARDING,
Clerk of the City Commission
State of Montana
County of Gallatin
City of Bozeman
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I, Erna V. Harding, Clerk of the City Commission of the City of Bozeman
do hereby certify, that the foregoing Ordinance No. 910 was published
by title and number in the Bozeman Daily Chronicle, a newspaper of gen-
eral circulation, printed and published in said City in the issue of the
8th day of December 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 18th day of January 1972.
t? /,/C"c~
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ERNA V. HAlU>I G,
Clerk of the City C
Ordinance No. 910
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