HomeMy WebLinkAboutResolution 5375 Abandoning and Vacating Portions of Red Wing DriveVersion April 2020
RESOLUTION 5375
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DISCONTINUING, ABANDONING AND VACATING PORTIONS OF
REDWING DRIVE LOCATED IN THE SOUTHWEST QUARTER SOUTHWEST
QUARTER (SW¼ SW¼) OF SECTION TWENTY-FIVE (25), NORTH HALF
NORTHWEST QUARTER (N½ NW¼), SOUTHEAST QUARTER NORTHWEST
QUARTER (SE¼ NW¼), SOUTHWEST QUARTER NORTHEAST QUARTER (SW¼
NE¼) AND NORTHWEST QUARTER SOUTHEAST QUARTER (NW ¼ SE ¼) OF
SECTION THIRTY-SIX (36), TOWNSHIP ONE (1) SOUTH, RANGE FIVE (5) EAST,
MONTANA PRINCIPAL MERIDIAN AND CONTAINED ENTIRELY WITHIN THE
RAILROAD RIGHT OF WAY, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City
of Bozeman and the public to abandon a portion of said road easement entirely within the right of
way of Burlington Northern Santa Fe Railroad and adjacent to Frontage Rd, as shown in Exhibit
A attached hereto; and
WHEREAS, it appears to the City Commission that the subject road easement can be
vacated without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of
Bozeman and the inhabitants therein that said easement be vacated, provided that said vacation
does not affect the right of any public utility to continue to maintain its utilities and equipment in
said right-of-ways.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Abandonment and Vacation
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It is hereby declared by the City Commission of the City of Bozeman, Montana, to
abandon and vacate the portions of the road easement described below:
A strip of land sixty (60) feet wide in the Southwest quarter Southwest quarter
(SW ¼ SW ¼) of Section twenty-five (25), North half Northwest quarter (N ½ NW
¼), Southeast quarter Northwest quarter (SE¼ NW¼), Southwest quarter
Northeast quarter (SW¼ NE¼) and Northwest quarter Southeast quarter (NW¼
SE¼) of Section thirty-six (36), Township one (1) South, Range five (5) East,
Montana Principal Meridian, the center line of which is described in a general
way as follows: Beginning at a point on the east line of said Northwest quarter
Southeast quarter (NW¼ SE¼) where the same is intersected by a line drawn
parallel with and distant one hundred five (105) feet southwesterly, when
measured at right angles, from the center line of the main track of the Northern
Pacific Railway Company as the same is now constructed and operated; thence
northwesterly along the said parallel line to a point in the northwest quarter
northwest quarter (NW¼ NW¼) of said Section thirty-six (36); thence curving to
the right and crossing said center line of main track at a point fifty-three (53) feet
southeasterly form the north line of said northwest quarter northwest quarter
(NW¼ NW¼) when measured along said center line of main track.
All as shown on the attached Exhibit A.
The vacation does not affect the right of any public utility to continue to maintain existing utilities
and equipment in the street right-of-ways.
Section 2
Fee Title to Revert to BNSF Railway Co.
The fee title to the land where the right-of-ways will be discontinued will be declared, upon
adoption of this resolution discontinuing the street, to revert to the Burlington Northern Santa Fe
Railway Co., for their benefit.
Section 3
Filing with County Clerk and Recorder
By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of
the City of Bozeman hereby directs that a copy of this Resolution and Exhibit A depicting the
changes approved herein be filed with the Gallatin County Clerk and Recorder.
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This Resolution shall not be effective or recorded until concurrent legal and physical access for
public and private utilities have been constructed, executed and recorded.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 19th day of April, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Form 3464 2-10-25 1M RP
RIGHT OF WAY DEPARTMENT
cin en . DEED.
Dated ..... Q.c in bet- 17,
From
To • Coy 13 of qciliglin •
Description q0. si r ip ............. in 5I'V f.5
25 and Sec. 56- I 5- S E, P. M.
Noted on Title Plat No.. 17: .
Noted on Track Profile W. P. 14 2 ec 143.
Noted on Station Plat
Noted in Record Book 62 page 88 By C. C. AA.,
R of W. Change Memo No
Corres. File No
Abstract of Title
Opinion on Title
Voucher
Contract
Report of Negotiations
Release of Mortgage
1 7.7.J.7
270 19 2S.
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1.
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COPY R.A. 2909
The NORTHeRN PACIFIC RAILeAY CMPA -eY, a Wisconsin
corporation, in consideration of the sum of one dollar ( -1.00) to
it in hand paid, the receipt whereof is acknowledged, and of the
agreements herein centained, does heieby grant to the County of
Gallatin, in the State of Montana, permission save as herein
limited to use for a public road and for no other purpose those
portions of the grantor's right of eay in said county end state,
described as follows:
A strip of land sixty (60) feet wide in tee Zouth-
west quarter Southwest quarter (SU L1SWe) of Sectien twenty-
five (25), Nortlt half Northwest quarter (N-N), Southeast
quarter Northwest quarter (SEeNet), Southwest quarter
Northeest quarter (e,4-Ne,i) and Northeest querter Southeast
quarter (NeiSEi) of Section thirty-six (36), Township one
(1) South, Range five (5) East, Montana Principal Meridian,
the center line of which is described in e general way as
follows: Beginning at a point on the east line of said
Northwest quarter Southeast quarter (N71464) where the
same is intersected by a line drawn parallel with and
distant one hundred five (105) feet southwesterly, when
measured at rieht angles, from the center line of the main
track of the Northern Pacific Railway Coepeny as the same
is now constructed and operated; thence northeesterly along
said parallel line to a point in the Northwest quarter
Northeest quarter(!NWiyei) of said Section thirty-six (36);
thence curving to the right and crossing said center line
of main track at a point fifty-three (5) feet southeasterly
from the north line of said Northwest quarter Northeest
quarter (N4Ne4) when measured along seld center line of
main track.
For a more articular description, and as explanatory
hereof, reference lc made to the attached plat, which is
hereby made a part hereof and shows colored red the strip
above described.
The grantee shall not grant to any person or comp7 .ny
permission to construct or maintain e pole ljee on any port Lon of
the ebove described right of way and the Railway Company reserves
to itself the right to grant such pereits provided the pole lines
are so located as not to interfere with the use of the street or
road for public travel.
In the event that the grantor shell find that the right
of way, or any part thereof, the use of which is hereby permitted,
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will be required for railroad purposes, said grantor will give ta
the grantee six months notice of its intention to resume 2ossession,
and will re-establish the highvvy on a new location in as good
condition as it w.,s at the time of taking possession, provided that
a new right of way therefor is furnished by the County or State.
Witnesses:
Dated this // day of October, 1925.
On this
STATE Oi MINNESOTA, )
: es.
COUNTY OF RAMSEY. )
N&LiTH:AN PACIFIC RAILWAY C:)-PANY,
3y
Attest:
( )
)
--
.1
• 4kt:""t7 Vice President-. P„Vit)
)1 2.
AcsiXint ec etary.
of October in the year 1025, before me
a notary public, ,)ersonally
appeared C.W.BUNV I to me known to be the Vice President of the
Northsrn Pacific Railway Company, the corporation which executed
the foregoing instrument, and w.io beift?: duly :i,Jrn did s,?y, that
the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument w,s signed and senled in behalf
of said corporation by authority of its Board of Directors, and the
said C.W.Bunn acknowledged said instrument to be the free act pnd
deed of ssid corporation.
.ki2/ ef;
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DocuSign Envelope ID: 500E38E5-B1E5-4876-AFA5-F019CC10F795