HomeMy WebLinkAboutResolution 33 Empowering of Mayer and City Clerk
CITY COWHSSIONRESOLUTION NO.
33.
A RESOLUTION OF THE CITY CONffi~ISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING AND EMPOWERING THE MAYOR AND CITY CLERK
OF SAID CITY TO EXECUTE TWO DEEDS ON BEHALF OF THE CITY OF BOZE:'
MAN, CORRECTING THE DESCRIPTION OF THE PROPERTY DESCRIBED IN
DEED OF THE CITY OF BOZE]!AN TO EDMUND BURKE, RECORDED IN VOLUME
69 OF DEEDS, PAGE 262 OF THE RECORDS OF THE COUNTY CLERK, AND
ALSO GORREm'ING THE DESCRIPTION OF Ti-rn: PROPERTY DESCRIBED IN
DEED OF THE CITY OF BOZEMAN TO WALTER LEHRKIND, RECORDED IN
VOLUME 54 OF DEEDS AT PAGE 375 OF THE RECORDS OF THE COUNTY
CLERK OF GALLATIN COUNTY, MONTAlrA.
BE IT RESOLVED BY THE. COMMISSION OF THE CITY OF BOZE1~:
Section 1. That
whereas, by Council Resolution No.
757 of the City of
Bozeman passed and approved September 21,1916, the Mayor and City Clerk of said
City were authorized to sell to Frank W. Ham certain real estate situated in the
City of Bozeman, Montana, to-wit:
Beginning at a poin.t in the Eaf'lt line of Lot Four (4") Block
One (1) of Babcock and Davis Addition to the City of Bozeman,
Montana, said point being 646.2 feet South of the South line of
P~ach Street; thence West parallel with Peach Street, 110 feet,
more or less, to the West line of said Block One (1); thence
Northalongth:e West line of said Block One (1), 70 feet;
thence East!,paralliiJ',el with Peach Street, 110 feet, more or less ,
to the Eaat line of said Block One ' (1); thence South along the
East Une of said Block One (1); 70 feet to the plaQe. of
beginning. .
And whereas, on the 23dday of September, 1916, a contract was entered
into by the said Franl<: ..W. Ham ,to purchase said property from the City of Bozeman
pursuant to s;aid Resolution;
And whereas, the said Frank w. Ham and his wife; Margaret Ham,
on the
7th day of September, 1918, sold and assigned said contract and all their interest
in said real estate to Edmund Burke;
And whereas, the said contract of sale having been performed, the City
of Bozeman on the 17th day of October, 1918, made and executed its Deed pursuant
to said Counc,iJ,Reeo1ution No .757 to the said Edmund Burke, oonveying said pro.p-
erty above described , a.nd which said Deed is recorded in Volume 59 of Deeds at
page 252 of the records of the County Clerk and Recorder of Gallatin County, Mon-
tana;
And whereas, said Edmund Burke and his wife, Sara M. Burke,
on the 19th
day of October, 1918,
exec~ted a Deed of said premises to Mary D.
Shriver, which
said Deed is recorded in Volume 59 of Deeds at page 425 of .the records of the
County Clerk and Recorder;
And whereas,
i t appe~rs that at the present time said Mary D. Shriver i.s
the owner of said lands and the same are unencumbered;
And Whereas.,asuryey.by theCi ty Engineer of the City of Bozeman shows
that a mutualmistakewaa~ade'~yallpartie:;; in the description of the above
tract of land and that thesa.me was .errone.ously described in the instruments above
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.----.- ..-------.-
And whereas, the true description of said land intended to be purchased
l
by the said FrankW. Ham and to be sold by the said City of Bozeman is as follows:
\
".'
All, that portion of Lot Four (4) in Block One (1) of Babcock
~: ',\
~', ." ,'....
and Davis Addition to the town (now City) of Bozeman, Montana,
included within the following metes and bounds, to-wit: Begin-
ning at a point in the East line of Lot Four (4), Block One
(1) of Babcoclc and Davis Addi"tion to the town (now City) of
Bozeman, said point being 147 feet South of the Northeast'
corner of said Lot 4; thence South along the East line of said
Block I, 70 feet; thence Weat parallel with t~eNorth line 6f
said Lot 4, 110 feet, more ~r less, to the Weat line of said
Blook 1; thence North along the West line of said Block I,
70
feet; thence East parallel with the North line of said Lot 4,
110 feet, more or less, to the plaoe of beginning.
And whereas,
it is advisable and necessary that a Deed be issued to the
said Mary D. Shriver from the City of Bozeman correcting said error;
And whereas,
on the 23d day of September,
1916, the said City of Bozeman
executed a Deed to Walter Lehrldnd conveying to said Wal terLehrkind the following
real estate,
to~wit :
Beginning~~i,tJ",point in the East line of Lot 4,Block l,of
Babcock and\:Jj)~-v;il:l Addi tion to the City of Bozeman ,Montana,
said pointl'belng444.6 feet South of' the South line of Peach
Street; thence West parallel with Peach Street, 110 feet,
more or less,to the We~t line of said Block 1; thence North
along the West line of said Block 1, 12 feet; thence East
parallel with Peach Street, 110 feet, more or less, to the
East line of said Block 1; thence South along the East line
of said Block 1, 12 feet to
the place of beginning.
And which said Deed is recorded in Volume 54 of Deeds at page 375 of the
recorda of the County Clerk and Recorder of Gallatin County, Montana;
And whereas, the description in said Deed is erroneous and a mutual
mistake was made by the .grantor and grantee therein;
And whereas,
1twas intended by said Deed to convey the following de-
scribed real estate, to-wit:
All that portion of Lot Four (4) in Block One (1) of Babcock
and Davis Addition to the City of Bozeman, Montana, within the
fOllowing metes and bounds, to-wit: Eeginning at the Northeast
corner of Lot Four (4), Block One (1) of Babcoclc and Davis
Addition to the Town (now City) of Bozeman; thence West along
the North line Df said Lot Four (4~, 105 feet, more Or less, to
the West line of said Block One (1 ; thence South along the
West Ilne of said Block One (I), 15.3 feet: thence East paral~
leI with the Borth line of said Lot Four (4), 105 f~~t, more
or less '. to the East line .of. said Block One (1) ;theTIce North
along the East lineofaaid Block One (1), 15.3 feet to the
place of beginning. .
And whereas,
~t is advisable and necessary that a Deed be issued to the
said Walter Lehrkind from the City of Bozeman cor~ectly describing said property
and correcting said error;
NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the Mayor and City Clerk be, and they~are hereby authorized
,
and empowered to execute
said
\Mar.y :1;). Shriver and thesa.id
intend~
ed to "be sold as a"bove setfo:rth, provided however, that the said Mary D. Shriver
shall first execute a Warranty Deed to the City of Bozeman to the lands described
in her present Deed, and provided further that the said Mary D. Shriver shall
transfer said land free and clear from all liens and encumbrances.
Passed by the City Commission of the City of Bozeman, Montana, and ap-
proved by the Mayor of said City this 17th day of April, 1924.
~~A~ c;/ 'i/laJr4-
Mayor.
Attest:
~~<Y-2~-~//
Clerl{ of the City Commission of
the City of Bozeman, Montana.
ST ATE OF MONl' ANA
)
ss
County of Gallatin )
I, Walter Davis, Clerk of the City Commission,
in and for the City of
Bozeman, do hereby certify that the foregoing is a true and correct copy of
Resoluti:onNo. 33 ap:pearing in the record of the City of Bozeman, meeting held on
the 17th day of April, 1924, recorded on Page 7 of Resolution Book No.
9.
aff~~/2/7<U
Clerk of the Commission.
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