HomeMy WebLinkAbout06-27-16 C6. East Alderson Conveyance
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
SUBJECT: Conveyance of Vacated Street to Bozeman School District #7
MEETING DATE: June 27, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to execute deed conveying vacated portion of
East Alderson Street to Bozeman School District Number 7.
RECOMMENDED MOTION: The City Commission, having adopted Ordinance No. 694 on
the 22nd day of September, 1939, vacating and discontinuing a portion of East Alderson Street, I
move to authorize the Mayor to execute a deed conveying said portion of East Alderson Street to
Bozeman School District Number 7, the party that filed the petition and is the owner of the real
property on each side of the vacated street.
BACKGROUND: In 1939, the Trustees of School District Number 7 filed a petition with the
City Commission asking for the vacation of a portion of East Alderson Street that was platted
across real property upon which Longfellow School is sited. At a hearing held May 5, 1939, the
Commission decided to grant the petition and further, that vacation of said portion of East
Alderson Street could be made without detriment to the public interest. The Commission
subsequently adopted Ordinance No. 694, on the 22nd day of September, 1939, vacating and
discontinuing that portion of East Alderson Street that encumbered the District’s property. After
adoption of the ordinance the title to the vacated street never transferred to the District. The
District would like to have the City execute a deed to the District in accordance with the
ordinance.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: None suggested or proposed.
FISCAL EFFECTS: None identified.
Report compiled on: June 15, 2016
Attachments: Ordinance No. 694
Grant Deed
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152 ~~.
Jj, ORDINANCE NO. 6\,14V /~
p~
C~".J,"jr/AN ORDINAK CE VACATING APD DISCONTINUING A PORTION OF' EAST ALDImSON srrRE~~T
J..' il (1..
J/~Vhereas on the 21st day of April, 1940, o. B. VanHorn, R. H. Honne, E. J. Parkin,
and Leora Hapner as trustees of School District No.7, Gallatin County, State of Montano,
and for and on behalf of s aid School Die tri c t, toge the r wi th Bernard Copping and Dora
Chapman, actinp: for themselves, filed a petition with the City Commission asking
for the vacation of tha t pro t10n of Eas t Alderson Strec t, in The C1 ty of Dozeman,
Whereas pursllan t to said po ti tion notice of the f lllnE thereof was pub lished in
Ihereinafterdescribed; and
Bozeman Daily Chronicle at least once and a week before said petition was acted upon,
as appears by tho affidavit of the p'LIblisher of said Bozeman ;)ail:- Chronicle on file
w:1.th the Clerk of the City Commission and which said notice :.1oscribed the protion of
said East Alderson Street asked by said petition to be vacated and givinG notice that
the hoarinp: on said peti tion would be had a t the re gular mcet.~nc of the C1 t:' Conu"':dssion
to be held on the 5th day of May, 1939, at 7:30 o'clock P.V., at the Cornnlssion Room
in the 81 ty Hall Building of The Ci ty of Bozeman; and
lNhereas at the time and place so des1bnated the CityCommiss3..on, in regular session
assembled, did then and there fully consider said petition anel aftc:r StIch consideration
did decide tha t such pe tl tio,' shau Id be gran ted and such de tern:i.n I'.ltion was en tered upon
the r.1inute~l of said meet.:ng, and did then and there detemj_nc and decide thnt such vaca-
t~on of t~Bt portion of East Alderson Street as describeel in said vetition and he~ein-
after cOlJld be made without detriment to the public interest, and sale: petition bear.i..ng
the si~natures of all of the ovmers of lots abutting on that portion of East Alderson IStreetsouChttobevacated;
1':o'.:l Tlilllr~POR~S, in consideration of the premises,
BE IT ORDAINED BY 'l'E;:!; CmIrfISSION OF rllL:~ Crl'Y 0:2 DO~m,:In{:
Section 1
That all that portion of East Alderson Street in The City of Dozem~, ~ontana, ly-
ins betweon the East line of 'Tracy Avenue and the West l~_ne of the alley runnin,r,,; betvleon
Tracy Avenue and Black Avem.le, w1;1c1:1 said portion of East .'\ldorson E3treot lios between
Blocks "E" and "G" of Supplementary Plan of Hoffman's Add::.tion to 'rho Cit:7 of l3ozema.n,
COlmt'J. of Gal1~:;tin, State of :.:onto.nn, be and the Sf3Y':e is hereby vacated and. discontinued.
Section 2.
Thls ordinance shall be in full force and effec t from ~m(j [(ft"r tlirty da~'s after
i tn adoption.
dopted at a regular meetinG of' the City Corwisslon of '1'he C1t:" of Bozeman held on
th.ts 22ncl day of September, 1939.
A ttCfl t:
l'ubllshed in Boz orl.an Dally Chronicle Septemb,;r 2'1,
Faio/.
k. L4---
193D. ~~~~!l I
f) ta te of T"on tana
County of Gallatin ss .
I, L. G. Shadoan, CIeri\: of the Commis:.~.ion of The Cit:: of Do:,;er.:an do
the fo!'err,oinr; Ilrclinance No. 694 waE:: publis.hed by ti tIe &:. nUEller in the
a newspaper of general circulation printed 8: published in saId City on
September, 193\), and thnt c.ue proof is on file In my office.
n: WITNESS WEEHEOF I hereunto set my hand and aHlx my seal tl:l/;Y~' :' sePt:
r-"tLecom1~s:on .
hereby certify tlw. t
Bozemun Daily Chronicle
the 24tb do.7' of
193CJ
40
After recording, return to:
Lynda S. White
One West Main
Bozeman, MT 59715
GRANT DEED
In conformance with City Ordinance #694 adopted at the regular meeting of the
City Commission of the City of Bozeman held on the 22nd day of September, 1939, the
CITY OF BOZEMAN, of PO Box 1230, Bozeman, MT 59771, Grantor, hereby grants
unto BOZEMAN SCHOOL DISTRICT #7, of 404 West Main, P.O. Box 520, Bozeman,
MT 59771, as Grantee.
WITNESSETH: That the Grantor, for good and valuable consideration, the
receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey,
warrant, and confirm unto the Grantee, and to its heirs, successors and assigns,
forever, certain real property situated in the County of Gallatin, State of Montana,
particularly described as follows:
All of that portion of East Alderson Street in the City of Bozeman,
Montana, lying between the east line of Tracy Avenue and the west
line of the alley running between Tracy Avenue and Black Avenue
which said portion of East Alderson Street lies between Block E and
J of Supplementary Plan of Hoffman’s Addition to the City of
Bozeman, County of Gallatin, State of Montana.
TO HAVE AND TO HOLD, all and singular, the above described property unto
Grantee and to its heirs, successors, and assigns FOREVER.
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IN WITNESS WHEREOF the Grantor has executed this instrument the day and
year first above written.
CITY OF BOZEMAN
_________________________________
By: Carson Taylor
Its: Mayor
STATE OF MONTANA )
: ss.
COUNTY OF GALLATIN )
On this _____ day of __________________, 2016, before me, the undersigned
officer, personally appeared Carson Taylor, known to me to be the person described in
and who executed the foregoing instrument as Mayor of the City of Bozeman, a
municipal corporation, and acknowledged to me that he executed the same as such
officer, in the name of and for and on behalf of said City for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year in this instrument first above written.
_____________________________________
Notary Public for State of Montana
Printed Name: _________________________
Residing at: ___________________________
(SEAL) My Commission Expires:_________________
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