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
-, .-..--.---..---.---.-
--.----.-- ...-.. -- --.---