HomeMy WebLinkAbout1957-10-25
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Bozeman, Montana
October 25, 1957
The Commission of the City of Bozeman met in special session pursuant to call of the City
Manager, in the City Hall BuIlding, Friday, October 25, 1957 at 1:30 o'olock P. M. Present were
Mayor Swanson, Commissioner Erwin, Commissioner Eerg, City Manager Henderson, City Attorney Lovelace,
Administrative Assistant Sales, and the Clerk.
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Notice of call of this special meeting was read which stated the purpose of the meeting to be
to consider emergency problems concerning right-of-way across land owned by Ford Brown, this right-
of-way to be for the water supply line now under construotion as part of the Water System Improvement
Project, and to, if possible, arrive at a compromise settlement of these problems.
Emergency Problems Concerning Right-of-way Across Land Owned by Ford Brown
City Attorney Lovelace reported on negotiations with Seth Bohart, attorney for F'ord Brown.
At the suggestion of Mr. Bohart, the City has had Morrison-Maierle, Inc. survey a new location for
the water line across Mr. Brown's land. Offer had been made to Mr. Brown of $50.00 for the easement
and $1,042.45 for pre-determined damages for the line originally shawn on the plans prepared by
Morrison-Maierle, Inc. Mr. Bohart has now proposed that Mr. Brown will grant the easement for *50.00
and accept pre-determined damage on this newly surveyed route of $1,000.00 over the Ci ty' s offer or a
total of *2,092.45.
After consideration of the matter in detail, it was moved by Commissioner Berg, seconded by
Commissioner Erwin, that the City Attorney be and is hereby authorized to make a counter proposal to
Mr. Brown, through Mr. Bohart, that it will pay him $50.00 for the easemant and $1,350.00 for
pre-determined damages and that, if this offer is not accepted without delay, the Ci~ Attorney is hereby
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instructed to petition the District Court for re-opening of the condemnation proceedings against Mr.
Brown for righ~of-way for the water line across his land and the motion was carried by the following
Aye and No votel those voting Aye being Mayor Swanson, Commissioner Erwin and Commissioner Berg;
those voting No, none.
A proposed easement and right-of-way agreement between the City of Bozeman and F'ord Brown,
under which the Ci~ will pay Mr. Brawn $50.00 for an easement and $1,350.00 for pre-determined damages
for a water supply line crossing his land, in accordance with previous action taken at this meeting,
was presented. It was approved as to form by the City Attorney. It was moved by Commissioner Erwin,
seconded by Commissioner Berg, that this proposed easement and righ~of-way agreement be approved and
accepted and that the Mayor and Clerk of the Commission be and are hereby authorized to sign the same
for the City of Bozeman and the motion was carried by the following Aye and No vote: those voting
Aye being Mayor Swanson, Commissioner Erwin and Commissioner Eerg; those voting No, none.
Adjournment
There being no further business to come before the Commission at this time, it was moved by
Commissione r Erwin, seconded by Commissioner Berg, that the meeting adjourn and the motion was carried
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by the following Aye and No vote: thcs e voting Aye being Mayor Swanson, Commissioner Erwin,
Commissioner Berg; those voting No, none.
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Ci ty Commission