HomeMy WebLinkAbout07-24-17 City Commission Packet Materials - C11. Settlement Agreement with Petersons for Baxter ROW
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney
SUBJECT: Ratify the Interim City Manager’s signature on the Settlement Agreement in City of Bozeman v. William R. Peterson and Dianne Peterson MEETING DATE: July 24, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Ratify the Interim City Manager’s signature on the Settlement Agreement in City of Bozeman v. William R. Peterson and Dianne Peterson BACKGROUND:
In 2014, the City approached local residents William and Dianne Peterson to negotiate the purchase of easements at the intersection of Baxter Lane and Davis Lane. The City needs to improve lengths of both Baxter Lane and Davis Lane, rebuild the intersection, and install traffic controls and sidewalks along all sides of the intersection, to bring both the roads and the
intersection up to standards in the adopted Transportation Plan.
The City was unable to reach agreement with the Petersons on a purchase of the additional right of way necessary to make the improvements, and therefore brought an action in District Court. Recently, District Court Judge John Brown ruled that state law does not extend the City’s
authority to condemn property outside city limits. Judge Brown also ordered the City to pay the
Peterson’s attorney fees. On June 12, 2017, the Commission authorized staff to negotiate a settlement agreement with William and Dianne Peterson to secure the right-of-way. An agreement is contingent upon the
closing of a sale of the Peterson’s property to a third party. On June 20, 2017, Interim City
Manager Dennis Taylor signed an agreement to pay the Petersons $140,000.00 to fully and finally settle the lawsuit. In exchange, the Petersons shall grant the City the written easements over part of their property necessary for the intersection improvements. The Petersons have accepted and signed the agreement.
ATTACHMENT: Settlement Agreement
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