HomeMy WebLinkAboutResolution 5318 Intent to Abandon Portions of Griffin Drive
RESOLUTION 5318
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE PORTIONS OF THE ROAD EASEMENT
DESCRIBED IN BOOK 84, PAGE 365, LOCATED IN THE SOUTHWEST ONE
QUARTER SECTION OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.
AND IN THE SOUTHEAST ONE QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City
of Bozeman and the public to abandon a portion of said road easement entirely within the right of
way of Burlington Northern Santa Fe Railroad adjacent to Griffin Drive, as shown in Exhibit "A"
attached hereto; and
WHEREAS, it appears to the City Commission that the subject road easement can be
vacated without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of
Bozeman and the inhabitants therein that said easement be vacated, provided that said vacation
does not affect the right of any public utility to continue to maintain its utilities and equipment in
said right-of-ways.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to abandon and vacate the portions of the road easement described below:
A portion of the easement described in Book 84, Page 365, Gallatin County, Montana,
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located in the southwest one-quarter of Section 31, Township 1 South, Range 6 East, P.M.M. and
in the southeast one-quarter of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin
County, Montana, more particularly described as follows :
Beginning at the Section Corner common to Sections 1, 6, 31 & 36;
Thence along the Section line between said Sections 6 & 31 N 88"10'53" E a distance of
926.74 feet to a point on the north boundary of the BNSF Railway Co. (operated by Montana Rail
Link) right-of-way;
Thence along said right-of-way boundary N 38"54'58" W a distance of 37.61 feet to the
true Point of beginning;
Thence N 88"10'53" W a distance of 203.10 feet to a calculated point; to said Sections
31 & 36;
Thence N 38"54'58" W a distance of 50.22 feet to a calculated point;
Thence N 02"14'18" W a distance of 271.29 feet to a calculated point on the north
boundary of the BNSF Railway Co. right-of-way;
Thence along the north boundary of the BNSF Railway Co. right-of-way S 38"54'58" E
a distance of 100.45 feet to a calculated point;
Thence S 02"14'18" E a distance of 170.82 feet to a calculated point; thence S 38"54'58"
E a distance of 1132.15 feet to a calculated point; thence S 66"35'07" E a distance of 219.65 feet
to the Point of Beginning, containing 2.146 acres, more or less.
All as shown on the attached Exhibit A.
The vacation shall not affect the right of any public utility to continue to maintain existing utilities
and equipment in the street right-of-ways.
Section 2
Notice
That the City Clerk of the City of Bozeman is hereby directed to publish notice in
Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the
affected property owners, which notice shall state the time and place at which objections will be
heard.
Section 3
Time for Objections
That the regular session of the City Commission of the City of Bozeman to be held at
the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on
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Tuesday, the 27th day of July, 2021, at the hour of 6:00 p.m. of said day is the time and place where
and when the City Commission will hear all objections to the vacating of said street right-of-way.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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