HomeMy WebLinkAboutResolution 441 Purchase of Land from Huff
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CQrOHSSION RESOLUTION NO. 441 ", --.~t (~~~
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A RESOLUTI01T Or" TIE COM!;:ISSION OF ''rIm CITY OF BOZEl-TAN, l.:oUTANA, ?RO- - -_~"'...,.
VIDING j;'OR TIC FU?tCIIASE FROI\: THE EST.\TE OF GEORGE B. HUFI", DECEASED, ~~ ",....
OF' THE LAND AID ViATER RIGHTS ImRUNAE<'TSR DESCRI3EJ !:'OR. TIIE SUhi OF "'"
I;' 1 V}:<; THOUSAND FIVE IftTEDRED DOLLARS, TO BE i)AID BY ',VARRANT DHAWl't AGAINST '-
TF..E VJAT;-CR PUNJ OF TElj CITY OIi' Bozm.'AN,
PREN.TBLE
I Whereas, H. 1\. Dolinger, as executor of the last will and testament of George 3.
Huff, deceased, has offered to sell to The City of Bozeman the land and water ris;hts
hereinafter specIfically described, for the su...n of li'ive ThotlSand Five Hundred Dollars
($5500.00) to be pa:Ld by w~rrant on the Water Fund of Tl'1e City of Bozeman; and
I,'lhereas, the City Commission and the City Manager of The City of Bozeman have
carefully investigated and considered said offer and after such investigation and con-
s idera tioD have reached the conclusion tho. t the ownership of the right to the use of
the water represented by said water rights would be advantageous and profitable for
The City of Bozeman and its Inhabitants through its municipall:i owned waterworks, and
tha t the price as1(ed therefor is a reasonable and fair market value for said property;
and
Whereas, said water rights cannot be purchased without also purchasing the land
hereinafter described; now, therefore,
BE IT RESOLVE;) BY TH3 COKlnSSIOK 01" THE CITY O~" BOZEl.TAN:
Section 1
That the offor of IT. .B-. BolinGer, as executor of the last will and testament of
I Ge~rg: B. Huff, deceaae~,.^ t: s ~ll ando c~nv:y to . TheJity or Boz~,"~n the rollowing des-
cr-Lbec~ land and water rlg~"t"" -'-.n GalL,L..n G,mnt:, Thontana, tmVl.t.
The North Half (N-ft) of the following described real ea ta te:
The East Half of the Southeast Q.uarter (E~ of SE-4-) of Section Six (6)
in TO'\'V!1ship Three (3) South, Range Six. (6) East, and also all
that part of the Southwest Quarter (SW;}) of Section Five (5) in
said Township and RanGe, included within tile following metes and bounds,
towit:
Beginning at the Southwest corner of said quarter section, thence
runninc~ East along the South line thereof one hundred and twenty (120)
rods, thence North by a line parallel to the East line of said
l'1Uarter section to the intersection of what is 1mown as thVl- "Williams
Upper Di tch", thence North along the East line of said di tch to a
point sixteen (16) feet South from the Nortb. line of said quarter
section, th.ence West by a line parallel to and distant sixteen (16)
feet South fro1T said Hort:: line to the WeGt line of said quarter
section, thence South along said West line to the place of beglnn.:.ng,
containing in all two hundred acres. The land heroin described as
belonging to the e s t~1 te 0 f George B. Huff, deceased, beine; one
hundred (100) acres, and a water right appurtenant to said land out of the
waters of the Bozeman Creek, as follows: Fifty (50) inches appropriated
in the :rear 1866 and which is fifty (50) inches of the 200 inches decreed
to the R P. Menefee, and twen t7l-fi ve (25) inches appropria ted in the
year 1878, and which is twent:r-five (25) inches of the 50 inches
of water decreed to Amos Viilliams, and a water right appurtenan t to
said land belonging to said deceased, represented by cer~lficate for
one-half (1/2) of one share of the capital stock of the Bozoman
Reservoir Company, being represented by certificate for said stock,
nUI"ber 20, issued to George B. Huff and dated l.iarch 28th, 1924;
I Togetiler with all tho tenements, heredita~ents, appurtenances,
water rights and water ditches to the same belonglng.
is hereby accepted. That the s8.id II. A. Bolinger, as execlltor, as aforesaid, shall
f1.11"nish The City of Bozem8.n with a satisfactory conveyance and an abstract of title
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to be examined and. approved by the City Attorney, and upon s ueh approval by the Ci ty
Attorney in wrltine: and upon filing of a cla1]"1 in due fornl therefor, tbe lila:ror and
the Clerk of the City Commiss ion be, and they are here by, au thor ized and erropowered to
draw, execute and deliver to the said H. A. Bolinger, as executor as aforesaid, a
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warrant of The Cit:! of Boze:m8.n, drawn against its Water PUTI'I, in the sum of Pive
Thousand Five Hundred Dollars q~5500.00) in fllll pa:II:1.ent for said land and water
rirrhts.
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Passed and adopted by the Commission of The City of Bozeman at a ref,:ular
meeting of said Commission held on the 31st day of March, 1939.
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Clerlc ~~mmiSSion
State of Montana (
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County of Gallatin (
I, L. G. Shadoan, CIRrk of the C i t;~ Commls sion of '1:he vi t;r of 130z eman do hereby
certify that the foregoing Commission Resolution No. 441, was published by title and
number jn the Bozeman Daily Chronicle, a newspaper of general circnlEition, printed and
published in said CIty in th,e issue of May 4th, 1939. and that dlJe proof is on file in
m'v office. I
IN vHTI\t;SS 'vv'ID.:REOF I hereunto set my hand and affix the seal of my oJ'fice this
5th day of 1'.1ay, 1939
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Clerl{ 0 the Commis sion
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Resolution No. 441
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