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HomeMy WebLinkAboutResolution 2572 Relinquishing interest in Mystic Lake Dam: 9-09-85 ,4, ~ COMMISSION RESOLUTION NO. 2572 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN RELINQUISHING TO THE GALLATIN NATIONAL FOREST, U.S.D.A. - FOREST SERVICE, ANY AND ALL INTEREST WHICH THE CITY MAY HAVE IN THE WATER STORAGE DAM SITE LOCATED ON BOZEMAN CREEK AND COMMONLY KNOWN BEFORE ITS BREACH AS THE "MYSTIC LAKE DAM" SITE. WHEREAS, the City of Bozeman, Montana is a shareholder in the Bozeman Creek Reservoir Association; and WH ER EAS, the City is also a party, separate and different from the Association, to an easement agreement which creates for the Association and the City an interest in the dam site located on Bozeman Creek within the boundaries of the Gallatin National Forest, more particularly described as: County of Gallatin, State of Montana Township 3 South, Range 7 East, M.P.M. Section 30: Lots 1, 2, 3, and 4 WH EREAS, the Association has heretofore owned, operated and breached a water storage dam on the site above described; and WH ER EAS, the Association and the City desire to relinquish and the Gallatin National Forest, U.S.D.A. - Forest Service desires to acquire any and all interest which the Association and the City may have in the dam site, whether that interest arises from deed, patent, easement use or otherwise; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: That the City of Bozeman hereby relinquishes to the Gallatin National Forest, U. S. D. A. - Forest Service, any and all interest it has in the water storage dam site located on Bozeman Creek within the boundaries of Gallatin National Forest as above described. That the City of Bozeman agrees that further rehabilitation of the breached dam site is desirable. .. .,.. -'" That the City of Bozeman understands that the Forest Service is willing to undertake said rehabilitative activity and to complete said activity to its own satisfaction upon receipt of the sum of FIVE THOUSAND DOLLARS ($5,000.00) from the Association. That the City of Bozeman will contribute TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) toward the cost of the rehabilitative activity as a shareholder in the Association with the understanding that the Association will contribute the remaining TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00). PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session held thereof on the ~ day of September 1985. ~)'-~'>-~"~ Ma or ATTEST: e~ ~b~~ Clerk of t e City Commission ., .- . , 2 \j