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HomeMy WebLinkAboutResolution 977 Granting property owners the right to occupy _._.___.._"....__.,._._ _u_ .ti2 C01~ISSION RESOLUTION NO. 977 A RESOLUTION OF THE CITY COMMTSSION OF' THE CITY OF BOZEMAN, MONTANA, GRANTING CERTAIN PROPERTY OWNERS THE RIGHT TO OCCUpy AND USE ALL OF THE DEDICATED AREA OF LINCOLN ROAD BETWEEN Tfill WEST LINE OF SOUTH GRAND AVENUE AND THE EAST LINE OF SOUTH THIRD AVENUE I IN THE CITY OF BOZEMAN, MONTANA WHEREAS, certain owners of property abutting Lincoln Road between South Grand Avenue and South Third Avenue have petitioned to close West Lincoln Road between said streets to public use; and WHEREAS, said property owners have made a written agreement with the City of Bozeman under the terms of which they have agreed that if said right to occupy and use this area 1s granted by the City, they will keep and maintain the same for park purposes and will keep and maintain the same in a sightly condition at their sole expense and will at their sole expense move one high tension power line pole to whatever location is required by the Montana Power Company of the City of Bozeman in the event the City of Bozeman at any time desires to open Lincoln Road between South Grand ~venue and South Third Avenue to public use; and WHEREAS, it appears that this grant of the right to use and occupy said area may be done without detriment to the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 The City Commission of the City of Bozeman does hereby grant unto ~homas Donald Norman and Audrey May Norman, Philip R.. Sandquist and Joyce O. Sandquist and Oswald Berg, Jr.. and Norma T. Berg the right to occupy and use all of the dedicated area of Lincoln Road between the west line of South Grand Avenue and the east line of South Third Avenue in the City of Bozeman for park purposes and that the aforementioned property owners will keep and maintain the same in a sightly condition at their sole expense and will at their sole expense move I the high tension power line pole situate on the south thirty feet (30') of Lincoln Road between bouth Third Avenue and South Grand Avenue to whatever loc- ation is required by the Montana Power Company or the City of Bozeman in the event the City of Bozeman at any time desires to open Lincoln Road between Sou th Grand Avenue and South Third A venue to public use.. Section 2 That the aforementioned grant is not to be construed as a vacation of the aforementioned dedicated area on Lincoln Road; that tile City of Bozeman owns the said dedicated area; and that the right of occupany herein granted is subject to revocation by the City of Bozeman upon sixty (60) days' written notice to the aforementioned property owners, or their heirs, executors, successors or assigns. Section 3 That this grant and the aforementioned agreement lJetween the abutting owners and the C1 ty does not, and shall not, consti b.lte an abrogation or replacement of any agreements heretofore entered into between the City of Bozeman and pre- vious owners of lands abutting Lincoln Road. Section 4 That this resolution shall remain on file with the Clerl{ of the City Commission for inspection by the public for at least one week before the final adoption thereof. Provisionally passed and adopted by the Ci ty Commission at its regular meeting held on the 15th day of June A. D. 1960 S/ Arnold M.. Swanson I Me yor ATTEST: .. . j dt e?!t/-~~ ..~ Clerk f the - c4 ty Commiss ion ------... Finally passed and adopted by the Commission of The City, Qf Bozeman, Bozeman, Montana, at a regular session t~ereof, held on the ~ day of June, 1960. S/ Arnold M. Swanson ATTEST: . (2' /;-/f/f / " /,. _ Mayor -<,/ / A' .-'7/7~- Clerk of/the Ci'ty 'ission -, .-..--.---..---.---.- --.----.-- ...-.. -- --.---