HomeMy WebLinkAboutResolution 3826 Eminent domain, Durston Rd, Berndt
COMMISSION RESOLUTION NO. 3826
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01.
EMINENT DOMAIN, DECLARING PUBLIC PURPOSE AND USE, DESCRIBING
THE PROPERTIES TO BE TAKEN AND AUTHORIZING CITY OFFICIALS TO
PROCEED.
WHEREAS, the City of Bozeman finds it necessary to acquire certain real property to allow it
to utilize such property for purposes of constructing certain road improvements and installing sidewalks
along West Durston Road; and
WHEREAS, the real property to be acquired is described in Exhibit "A" attached hereto and by
this reference incorporated herein; and
WHEREAS, the additional temporary construction easements to be acquired are described in
Exhibit "B" attached hereto and by this reference incorporated herein; and
WHEREAS. the City officials have attempted to purchase said real property and temporary
construction easements at an agreeable purchase price but have been unable to obtain the consent of
the owners to purchase said real property; and
WHEREAS, pursuant to Chapter 11,01, Bozeman Municipal Code, it is necessary to pass a
Resolution initiating eminent domain procedures; and
WHEREAS, said use is a public use and will benefit the general public and will be used for
public purposes; and
WHEREAS, it is necessary to condemn said real property by exercise of the right of eminent
domain to make land available for said widening West Durston Road upgrading it to minor arterial status,
installing of bike lanes and sidewalks along the street, constructing and maintaining or repairing water
and sewer mains; and
WHEREAS, it is necessary to condemn the right of way in said private real property in fee
simple as described in Exhibit "A" for the purpose of constructing these improvements along West
Durston Road; and
WHEREAS, it is necessary to condemn a temporary easement in said private real property as
shown in Exhibit "B" for the purposes of constructing said improvements and replacing and repairing all
appurtenances to said property which have been negatively impacted by the improvement project; and
WHEREAS, the City officials should be authorized to proceed with the condemnation
proceedings as provided by law.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, as follows:
1. PUBLIC USE: The City hereby declares that the above-described interests in real
property shall be condemned at its fair market value under the City's eminent domain powers to enable
the City to acquire said property for the purposes of widening West Durston Road to minor arterial status,
constructing bike lanes, installing sidewalks along both sides of the street, and repairing or replacing any
appurtenances on the property negatively impacted by the improvement project.
2. PUBLIC PURPOSE AND NECESSITY: It is hereby declared that the interests in said
real property as described herein is being acquired for a public purpose, for public use and is necessary
to the project.
3. DESCRIPTION OF PROPERTY, EXTENT OF INTEREST. The right of way in fee
simple described in Exhibit "A" and a temporary easement described in Exhibit "B" shall be taken for
public purpose.
4. AUTHORIZATION TO PROCEED: That the appropriate City officials are hereby
directed and authorized to proceed with condemnation of said real property as provided by law.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 18th day of July 2005.
-
AND
ATTEST:
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R IN L. SULLIVAN
City Clerk
- 2 -
EXHIBIT "A"
RIGHT OF WAY ACQUISITION
Robert K. Berndt
The land required by the City of Bozeman in fee simple for right of way for the
widening of West Durston Road and installing sidewalks also described as a tract of land
being part of Tract 5 of Smith Subdivision, as filed with the Gallatin County Clerk and
Recorder, located in the Northwest Quarter of Section 11 , Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana, being more particularly described as follows:
A strip of land Iyin~ south of and being 45.00 fee wide, when measured at
right angles from t e following line:
Commencing at the northwest corner of said Section 11; thence alon~ the
north line of said northwest a,uarter, South 89.03' East a distance of 1 00.1
feet, more or less, to the nort west corner of said Tract 5, and the True Point
of Beginning;
Thence continuing along the north line of said northwest quarter, and along
the north line of said Tract 5, South 89.03' East a distance of 228.4 feet, to
the northeast corner of said Tract 5, and the end of the line herein described.
The ends of said strir of land are lengthened or shortened, as required, to
terminate on the eas and west lines of said Tract 5
Said strip of land contains 10,280 square feet, more or less.
Resolution of Eminent Domain - 4 - Robert K. Berndt
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~ EXHIBIT A
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1\ Durston Road
~ Right of Way Acquisition Description RIGHT OF WAY ACQUISITION SITUATED IN THE N\V 1/4 OF
~ Parcel No. 7
~ A tract of land being part of Tract 5 of SECTION 11, T2S, R5E, GALLATIN COUNTY, MONTANi\
~ Smith Subdivision, as filed with the Gallatin
~ County Clerk & Recorder, located in the /P.O.B.
~ northwest quarter of Section 11, Township 45' RIGHT OF WAY
2 South, Range 5 East, P.M.M., Gallatin S.3 S.2 ACQUISITION
County, Montana, being more particularly
described as follows: +---I~'Ol.:E_ ' 589'03'[ 228.4'
5.2
1100.1'
/~ /~-_./ /'-"'-" //,.....-,....--- _// - N89'Q3'W- ~
A strip of land lying south of and being 5.10 S.11 NOZ'03'E
/DURSTON ROAD //
1400.4'
5.11
45.00 feet wide, when measured at right 45.0' / ,_/
,/~.- f'/ . ,_/ _ _-.--,,' // ///
angles from the following line: / / ./ /" -'
502'01 'w
45,0'
m
x
Commencing at the northwest corner of
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said Section 11; thence olano the north N89'03'W 228.4'
H
w
1 line of said northwest quarte;, South
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89'03' East a distance of 1100.1 feet, REMAIN..DE:
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more or less, to the northwest corner of TRAG ~DIV!510N
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J said Tract 5, and the True Point of - OF
BLO 11-1
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SMITH 5~O19006 pARI 5
NOR 'vr I-"
Beginning; TRAG~DIVI510N
DO :0
DOG.
MEA SIO~!
SMITH r S~027771
SLJBD;~IE 2
Thence continuing along the north line of DOv'
pH!":> J
said northwest quarter, and aiong the north
line of said Tract 5, South 89'03' East a
distance of 228.4 feet, to the northeast
k
corner of said Tract 5, and the end of
GRAPHIC SCALE
the line herein described. LEGEND
5.0 0 25 :::..r
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The ends of said strip of land are I .-J RIGHT OF WAY ACQU~SITION
( IN FEET )
lengthened or shortened, as required, to 1 inch = 50
ft. I
terminate on the east and west lines of -Ie. SECTION CORNER
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said Tract 5.
Said strip of land contains 10,280 square ~ QUARTER SECTION CORNER
mMORRISON
feet, more or less.
DURST ON ROAD
SECTION LINE
" MAIERLEJNc. - RIGHT OF WAY PLAT
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FIG WORK.:- OATE: OJ/2:4/(1~ PL0FED :J;'.TE: 11-::1~./23/2"COS - 09:5e~.32 QTT'
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