HomeMy WebLinkAboutResolution 5319 Intent to Abandon Portions of Road Easement Adjacent to Griffin Drive
RESOLUTION 5319
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
Fee Title to Revert to BNSF Railway Co.
It is the intent of the Commission that the fee title to the land where the right-of-ways will be
discontinued will be declared, upon adoption of a final resolution discontinuing the street, to revert
to the BNSF Railway Co., for their benefit.
Section 3
City Engineering to Bring Back Plat and Final Resolution
By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of
the City of Bozeman hereby directs a plat depicting the changes approved herein be brought to the
Commission for review and decision on adoption along with a final resolution of discontinuance.
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PASSED, ADOPTED, AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th 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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