HomeMy WebLinkAboutResolution 1062 Protective Order of Elks Lodge 463
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COMMISSION RESOLUTION NO. 1062
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN
A UTHORIZ ING THE MAYOR TO MA KE AND ENTER INTO AN AGREE-
MENT WITH THE BENEVOLENT PROTECTIVE ORDER OF ELKS LODGE
NO. 463 OF BOZEMAN, MONTANA FOR THE PURCHASE OF LANDS I
FOR CEMETERY AND PARK PURPOSES, AUTHORIZING THE INVEST-
MENT OF CEMETERY PERMANENT CARE FUNDS FOR THE PURPOSE
,OF PURCHASING SA'rD LANDS.
there i8 a critical need of additional land tor oemetery and
WHEREAS,
park purposes adjacent and contiguous to present land owned and used by said
oi ty for cemetery purposes in the Sunset Hills Cemetery; and
WHEREAS, the Benevolent Protective Order of Elks, Lodge No. 463, of
Bozeman, Montana, owns the followtng described lands which are adjacent and
contiguous to said Sunset Hills Cemetery, which said lands are adaptab~e to
cemetery and park purposes and are described as follows, to-wi t:
Portions of Granite Addition, Northern Pacific Addition
and Drum Lummon Addition a~l of the City of Bozeman,
Gallatin County, Montana, and a portion of the SEiswt
Section 8, T2S, R6E, M.P.M., more particularly descri~ed
as follows: Beginning at the southeast corner of Block
15, Northern Pacific Addition, said Block 15 being a
part of Marwyn, a rearrangement of portions of Northern,
Pacific Addition, thence trom said point of beginning and
in a westerly direction along the south line of said
Block 15 and Block ~4 a distance of 542.65 feet to a
point of intersection with the easterly line of East
Curtiss Street as platted in Marwyn; thence in a south-
westerly direction along the easterly and southerly line
of said East Curtiss Street a distance of 337.35 feet
to a poin t of in tersec tion wi th the eas terly line of
Golf Way; thence in a southeasterly direction along said
easterly line of Golf Way and at a bearing of S 19030'
E a distance of 620 feet; thenoe continuing along said I
east line and in a due south direction a distance of 1068
feet to a point on the north line of Fort Ellis Street
as platted and of record in Drum Lummon Addition to the
City of Bozeman; thence in a due east direction along
the north line of said Fort Ellis Street a distance of
126u feet, more or less, to a point on the east line of
Drum Lummon Addition; thence at a bearing of N 79007t E
a distance of 725 feet; thence at a bearing of N 87018'
E a distance of 617.7 feet to a point on the east line
of the swt Section 81 T2S, R6E; thence north along said
east line of said SW4 a distance of 427 feet; thence N
52051' W a distance of 279.7 teet; thence N 51023' W a
distance of 934.7 feet; thence N 70027t W a distance of
1060 feet, more or less, to the point of beginning, said
tract containing 79.50 acres.
WHEREAS, negotiations between the City of Bozeman and said Elks Lodge
have culminated in said offer by the Elks Lodge to sell saId lands to the
City of Bozeman for the sum of Fifty Thousand Dollars ($50,000.00); and
WHEREAS, it is the judgment and opinion of the City Connnission of the
City of Bozeman tl1at it is neces--sary and to the best interest of the City
of Bozeman to acquire said lands for cemetery and park purposes, and
WHEREAS, it 18 further the opinion of the Cit} Commission of the City
of Bozeman that Fifty Thousand Dollars ($50,000.UO is a fair and reason-
able present value of said lands, and
WHEREAS, the City of Bozeman has on hand in the cemetery permanent
care fund sufficient monies to invest for the purchase of said ~ands and to
pay the reasonable and agreed value thereof, and
WHEREAS, the expenditure of said monies from the said permanent care I
fund for the purchase of said lands will not materially or adverselY effect
the permanent care and maintenance of said Sunset HillsCemetery, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN AS FOLLOWS:
That the offer of the Benevolent Protective Order of Elks Lodge
No. 463, of Bozeman, Montana, to sell the hereinbefore described lands to
the City of Bozeman for Fifty Thousand Dollars ($50,000.00) for cemetery
and park purposes be, and the same hereby is aocepted and upon delivering
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to the City a warranty deed to said lands and appurtenances, together with a
title'insurance pOlicy insuring the title thereof, the Mayor is hereby author-
ized and directed to make and execute on behalf of the City of Bozeman any and
all written instruments necessary to complete saId purchase and to accept del-
ivery of said deed for and on behalf of the City of Bozeman, and the Mayor and
Clerk of the City Commission be and they hereby are authorized and empowered
to execute and deliver to the Benevolent ~rotective Order of Elks Lodge No. 463,
of Bozeman, Montana, a warrant of the City of Bozeman drawn against the perm-
anent care rund in the sum of Fifty 1housand Dollars ($50,000.00), and the
I Director of Finance of the City of Bozeman be and he hereby is authorized and
directed to draw a warrant upon and against the cemetery permanent care fund
in.. the am.ount of Fifty Thousand DOll. arB ($50,000.00) as an investment for the
purpose of paying the purchase price of the above described lands; and that
all monies so invested by the said permanent oare fund for the purchase and
acquisition of the above described lands shall be repaid to the said perm-
anent care fund within fifteen (l5) years from the date hereof, together with
interest thereon at the rate of three and one-half percent (3t,%) per annum.
PASSED AND ADOPTED by the City Commission of the City of Bozeman at its
regular meeting held on the 12th day of December, 1962.
sj Fred M. Staudaher
Ma yor
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ATTEST: .
S/ C. K. Wilson
Clerk of the City Commission
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I State of Montana ) ss
. County of Gallatin)
I, C. K. Wilson, Clerk of the Commission of
the Ci ty of Bozeman, do hereby certify the t the
foregoing Resolution No. 1u62, was published by title
and number in the Bozeman Daily Chronicle, a news-
paper of general circulation printed and published in
said City in the issue of December 21st, 1962, and due
proof of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and
affix the corporate seal of my office thie 22nd day
of JBnuary, 1963.
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Clerk ~he ty ~ss on
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