HomeMy WebLinkAboutOrdinance 72- 915, Vacates northerly 140 feet of north-south alley of Block "A," Harper's Addition.
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ORDINANCE NO. 915
AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE NORTHERLY ONE
HUNDRED FORTY (140) FEET OF THE NORTH-SOUTH ALLEY OF BLOCK "A",
HARPERS ADDITION TO THE CITY OF BOZEMAN, MONTANA.
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WHEREAS, certain property owners owning property abutting on the northerly 140 feet of the north-
south alley of Block "A", Harper's 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 alley; and
WHEREAS, the City Commission on the 3rd day of May, 1972, at its regular meeting, passed and
adopted Commission Resolution No. 1511 declaring it to be the intention of the City Commission of
the City of Bozeman, Montana, to vacate a portion of the alley situate in Block "A", Harper's Addi-
tion to the City of Bozeman, Montana, and directing the City Manager to cause notice of the adoption
of the Resolution to he served in the manner that service of summons is required on all persons who,e
property sbutts on the 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, 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 May, 1972, 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 Michael H. Hruska and Pamela H. Hruska, Leo N. Hoffart and
Helen Hoffart, James F. Camp and Lenore Camp, Ruben H. Peterson and Connie Peterson, Eric Drake,
Bror V. Johnson and Rose M. Johnson, Andrew Sprague and Paula Sprague, Clara Bell Johnson, George K.
McGuire and Ruby McGuire, Joseph A. McGuire, Grace A. Vail, Catherine E. Cass, Robert V. Cass, Ed-
ward Cass and The Bowl, which said notice designated June 14, 1972, 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 14th day of June 1972, 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 northerly one hundred Forty (140) feet of the north-sot1th alley of Block "A", Harper's
Addition to the City of Bozeman, Montana, and more fully described as follows, be, and the same
hereby is vacated and discontinued:
The northerly one hundred forty (140) feet of the sixteen foot wide alley of
Block A of Harpers Addition to the City of Bozeman lying between lots 1, 2,
3, 4, and the northerl~ twenty (20) feet of lot 5 and lot 26 of said Block A;
beginning at the northeasterly corner of said Block A; thence westerly along
the northerly line of said Block A a distance of 150 feet to the true point
of beginning; thence southerly along the westerly lot lines of Lots 1, 2, 3,
4 and 5 a distance of one hundred forty (140) feet; thence westerly a distance
of sixteen (16) feet to the southeast corner of lot 26 of said Block A; thence
northerly along the easterly line of said lot 26 a distance of one hundred
forty (140) feet to the northerly line of said Block A; thence easterly along
the northerly line of said Block A a distance of sixteen (16) feet to the
true point of beginning;
Subject to an easement to service and maintain a sanitary sewer service serv-
ing lot two (2) of said Block A and also a utility easement for ins tallation
and maintenance of a four (4) inch natural gas line and electric service.
also subject to an agreement by the owners of the Bowl Inc. that they will,
if necessary, provide the City of Bozeman by use agreement or deed sufficient
area to provide movement for all vehicles through the remaining alleys.
Section 2
This ordinance shall be in full force and effect from and after thirty (30) days after its
adoption.
PASSED AND ADOPTED At the regular meeting of the City Commission of the City of Bozeman held
this 14th day of June, 1972.
WILLIAM E. GRABOW, Mayor
ATTEST:
ORDINANCE NO. 915
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ERNA V. HARD'ING,
Clerk of the-City Commission
State of Montana )
County of Gallatin
City of Bozeman )
I, Erna V. Harding, Clerk of the City Commission of the City of Bozeman,
do hereby certify, that the foregoing Ordinance No. 915 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 18th
day of June, 1972, 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 19th day of June, 1972.
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ERNA V. HARDING,
Clerk of the City Commission
ORDINANCE NO. 915