HomeMy WebLinkAbout44- Petition
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P E T I T r 0 N
TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE or TY OF
BOZEMAN, GALLATIN COUNTY, MONTANA:
The undersigned, Henry A. Scandrett, Walter J. Cummlngs-QDd
George I. Haight, as TrUstees of the property and operating the
railroad of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD
COMPANY, respectfully represent and show, as follows:
1. That in the orderly operation of said Railroad and the
service of the public thereby, it becomes necessary to construct
a railroad track over and across Curtiss Street in the City of
Bozeman at a point between Wallace Street and Church Street
therein.
2. That the trackage is for the most part upon privately
owned property, but in order to reach the premises of the shipper
to be served a perpetual easement for railroad trackage only is
required to the extent and at the location hereinafter describea,
that is to say:
A strip or belt of land S! feet in width,
being 4! feet on each side of the follow-
ing described centerline: Beginning at a
point on the south line of Curtiss Street,
which _said point is7~_!3f~et west_of the
northeast corner of Lot 40 in Block E6f'---------
Rouse's Second Addition to the City of Bozeman,
Galla tin County, Montana, and which said point
is also 93.7 feet east of the northwest corner
of said Lot 40; thence on a line from said
point on a 60 curve left to a point on the
north side of Curtiss street, which is 65.4
feet west of the southeast corner of Lot 11"
Block D, Rouse's Second Addition to the City
of Bozeman, Gallatin County, Montana, and
which point on the north side of said Curtiss
Street 1s 99.6 feet east of the southwest
corner of said Lot 11 in said Block D, all as
more fully appears from the colored sketch 1n
triplicate filed herewith, showing the portion
of Curtiss Street involved in easement neces-
sary for industrial spur herein described.
3. Your Petitioners represent that it is their purpose and
intention to lay a railroad track at grade with said street over
and across the strip 8~ f~e~ wide, hereinabove described, and to
use the same solely and exclusively for railroad purposes and
your Peti tioners respectfully peti tion and herein make application
for the right, privilege and easement to occupy said strip or
belt of land hereinabove aescribed, to construct thereon a
standard gauge railroad spur at grade and to use and enjoy the
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same and operate trains and engines and cars thereover, as
required by the business and convenient and orderly operation
or said railroad, said easement to continue so long as the
same is used forrall!-oad purposes, but to revert to the C1 ty
or Bozeman or to the pUblic if, as and when the same ceases
to be used for such railroa.d purpose. "-.-
4. Your Petitioners respectrully petition the Mayor and
Ci ty Couml'l of the City or Bozeman to take such steps and to
adopt such measures as may be required to grant to the Trustees
hereinabove mentioned and to Chicago, Milwaukee, st. Paul an'd
Pacific Railroad Company and to their and its successors
and assigns a perpetual right to use and enjoy said strip and
the easement thereover so long as the same is used for rail-
road purposes.
Dated a t Butte, Montana, this j;r- day of April, 1944.
Henry A. Scandrett
Walter J. Cummings
George I. Haight
As Trustees of the property or
CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD COMPANY
. -~'. ,....,.,-~~.~.'~., ....... ',- -_.~.,,'-"-' -,. ,,"--...............',-""'--"" ..... --~_.,- - ~-~- .,---~".
By
A. C. o 1 ase, Superintendent of
Rocky Mountain Division, Chicago,
Milwaukee, St. Paul and Pacific
Railroa d Company, and Agent for the
above named Trustee of the property
of said Company