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HomeMy WebLinkAboutOrdinance 73- 929, Vacates alley of Block 2. 262 ORDINANCE NO. 929 AN ORDINANCE OF THE CITY OF BOZEMAN VACATING THE TEN FOOT WIDE EAST-WEST ALLEY OF BLOCK 2. LYING BETWEEN NORTH FOURTH AVENUE AND NORTH FIFTH AVENUE AND LYING NORTHERLY OF AND ABUTTING ON LOTS 1, 2. 3 AND 4 OF BLOCK 2. WESTLAKES FIRST ADDITION TO BOZEMAN. MONTANA. WHEREAS. certain property owners owning property abutting on the east-west alley of Block 2, lying between North Fourth Avenue and North Fifth Avenue and abutting on Lots 1, 2, 3 and 4 of Block 2. Westlakes First Addition to 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 16th day of June. 1973. at its regular meeting, passed and adopted Commission Resolution No. 1575 declaring it to be the intention of the City Commission of the City of Bozeman, Montana, to vacate the ten foot wide east-west alley of Block 2, lying between North Fourth Avenue and North Fifth Avenue and lying northerly of and abutting on Lots 1, 2, 3 and 4 of Block 2, Westlakes First 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 re- quired on all persons whose property abutts 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 23rd day of May, 1973, 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 said Resolution has been served in the manner of the service of summons in civil actions upon Myron M. Westlake and Aura D. Westlake, which said notice designated June 13, 1973, at 1:15 o'clock p.m. at the Commission Room in the City Hall Building in the City of Bozeman, Montana, as the time and place for hearing objections; and, WHEREAS, on the 13th day of June, 1973, 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 following described alley be, and the same hereby is vacated and discontinued: Beginning at the northeast corner of Lot 1 of Block 2 of Westlakes First Addition to Bozeman, Montana; thence westerly along the northerly lines of Lots 1, 2, 3 and 4 of said Block 2 a distance of 255 feet to the north- west corner of Lot 4 of said Block 2; thence northerly along the easterly line of Fifth Avenue North a distance of 10 feet; thence easterly parallel to and 10 feet dis- tant northerly from the northerly lines of said Lots 1 through 4 inclusive a distance of 255 feet, more or less, to the westerly line of Fourth Avenue North; thence South along the westerly line of said Fourth Avenue North a distance of 10 feet to the true point of beginning. 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 13th day of June, 1973. Mayor I I I 263 ATTEST: (' ? ...)"'2c"t..._, I State of Montana ) County of Gallatin ss City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify, that the foregoing Ordinance No. 929 was published by Title and Number in the Bozeman Daily Chronicle, a news- paper of general circulation printed and published in said City in the issue of the 17th day of June, 1973, 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 June, 1973. ,. Commission I I