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HomeMy WebLinkAboutResolution 980 Property Owners the Right to Occupy .r\8 COMMISSION RESOLUTION NO. 980 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, GRANTING CERTAIN PROPERTY OWNERS THE RIGHT TO OCCUpy AND USE ALL OF THE DEDICATED I AREA OF LINCOLN STREET BETWEEN THE WEST PROPERTY LINE OF SOUTH THIRD AVENUE AND THE WEST PROPERTY LINE OF THE ALLEY BETWEEN FIFTH AND SIXTH AVENUES IN THE CITY OF BOZEMAN, MONTANA WHEREAS, certain owners of property abutting Lincoln Street between the west property line of South Third Avenue and the west property line of the alley between Fifth and Sixth Avenues have petitioned to close West Lincoln Street between said avenue and alley to public use; and WHEREAS, said property owners have agreed that if said right to occupy and use this area is ~ranted by the City, they will keep and maintain the same for park purposes and will keep and maintain the same in a sightly condi- tion; 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 Willard H. Thoma and Mary I. Thoma, Joseph J. May and June B. May, John G. McLeod and Ruth A. McLeod and Ralph C. Challender and Marian J. Challender the right to occupy and use all of the dedicated area of Lincoln Street be- tween the west propertty line of South Third Avenue and the west propertr line of the alley between Fifth and Sixth Avenues in the City of Bozeman for park purposes, excepting therefrom thirty (30) feet on each side of centerline of all north-south avenues and alleys intersecting said Lincoln Street within I the aforementioned Ilmits for the pu~pose of providing sufficient areas for the turnaround of equipment and vehicles; that the aforementioned property owners will keep and maintain the areas granted in a sightly condition at their sole expense. Section 2 That the aforementioned grant is not to be construed as a vacation of the aforementioned dedicated area on Lincoln Street; that the City of Bozeman owns the said dedicated area; and that the right of occupancy herein granted is subject to reVOCB tion by the City of Bozeman upon sixty (60) days' wri tten notice to the aforementioned property owners, or their heirs, executors, suc- cessors or assigns. Section 3 That this grant does not, and shall not, constitute an abrogation or replacement of any agreements heretofore entered into between the City of Bozeman and previous owners of lands abutting Lincoln Street. Section 4 That this resolution shall remain on file with the Clerk 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 City Commission at its regular meeting held on the 20th day of July A. D. 1960. sf 3rno1d M. Swanson I A TTES.. T: f/~~? :l~ tfrc ~ -tc ~ Mayor ., U.Ler .. e y mmisslon Finally passed a~~adoPted ~y tba.C~ or Bozeman at its St t f M t ) regular meetin e 27th day of July A. D. 1960. . coant'\1"oOf ~li~~i.) ss ATTEST: . S," Arnold M. Swanson u oJ n er y omm. yor I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do here- by certify that the foregoing Commission Resolution No. 980 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circu- lation printed and published in said City in the issue of the 1st day of August, 1960, and due proof of such publication Is on file in my office. IN WITNESS WEREOF I hereunto set my hand and affix the corporate seal of my office this 4th day of August, 1960 <<~~~l'~~(;~ssion