HomeMy WebLinkAboutResolution 5396 Abandoning and Vacating Portions of the Road Easement Adjacent to Griffin DriveResolution 5396
RESOLUTION 5396
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
SUPERSEDING RESOLUTION NO 5325, DISCONTINUING, ABANDONING AND VACATING
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 6 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; and
WHEREAS, on the 3rd day of August 2021, the City Commission passed Resolution No. 5325
declaring to abandon and vacate the portions of the road described; and
WHEREAS, the City has determined that Resolution No. 5325 contained an inaccurate legal
description of the portion of road declared to be abandoned and vacated;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
Abandonment and Vacation
DocuSign Envelope ID: 500E38E5-B1E5-4876-AFA5-F019CC10F795
Resolution 5396
It is hereby declared by 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,
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 does 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.
The fee title to the land where the right-of-ways will be discontinued will be declared, upon adoption of
this resolution discontinuing the street, to revert to the Burlington Northern Santa Fe Railway Co., for
their benefit.
Section 3
Filing with County Clerk and Recorder
DocuSign Envelope ID: 500E38E5-B1E5-4876-AFA5-F019CC10F795
Resolution 5396
By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of the City
of Bozeman hereby directs that a copy of this Resolution and Exhibit A depicting the changes approved
herein be filed with the Gallatin County Clerk and Recorder.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 19th day of April, 2022.
_____________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: 500E38E5-B1E5-4876-AFA5-F019CC10F795
DocuSign Envelope ID: 500E38E5-B1E5-4876-AFA5-F019CC10F795