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Home My WebLink AboutResolution 3825 Eminent domain, Durston Rd, Anderson COMMISSION RESOLUTION NO. 3825 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. CETRARO, Mayor ATTEST: ~ RQ IN L. ULLlVAN City Clerk AS TO FORM: - 2 - -......-.--........---.- -...--...--.---..-. EXHIBIT "A" RIGHT OF WAY ACQUISITION Emil Anderson The land required by the City of Bozeman in fee simple for right of way for the widening of West Durston and installing sidewalks also described as a tract of land being part of that land described in Film 87, Page 1894, as filed with the Gallatin County Clerk & Recorder, located in the Southwest Quarter of Section 2, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly described as follows: A strip of land Iyinffi north of and being 45.00 fee wide, when measured at right angles from the fo lowing line: Commencing at the southwest corner of said Section 2, which is also the southwest corner of said land described in Film 87, Page 1894, and the True Point of Beginning; thence along the south line of said southwest quarter, and south line of said land describea in Film 87, Page 1894, South 89003' East a distance of 165.2 feet, more or less, to the southeast corner of said land described in Film 87, Page 1894, and the end of the line herein described. The ends of said strip of land are len~thened or shortened, as re~ired, to terminate on the east and west lines 0 said land described in Film 7, Page 1894. Said strip of land contains 7,432 square feet, more or less. Resolution of Eminent Domain - 4 - Emil Anderson ~ ~ ~ ] ~ -h ~ EXHIBIT A ~ '-. ~ (\ RIGHT OF WAY ACQUISITION SITUATED IN THE SW 1/4 OF \ ~ SECTION 2, T2S, R5E, GALLATIN COUNTY, MONTANA <:); Durston Road ~ ~. Right of Way Acquisition Description Parcel No. 1 1894 ~ 81 n~ LOr 433 A tract of land being part of that land 25' CONSTRUCTION S~~;~( 5 described in Film 87, Page 1894, os filed with EASEMENT the Gallatin County Clerk & Recorder, located -- ------------- in the southwest quarter of Section 2, Township 2 South, Range 5 East, P.M.M., 589'03'[ 165.1' m Gallatin County, Montana, being more NOZ' 49'[ //~</////////// / /. X particularly described as follows: 45.0' :::I: / // / ////' ///,/////// // /// /'/' H A strip of land lying north of and being 45.00 /~/~/;'/ //, jJUfiSJ9~ ~OAIY//~ 50Z' 42'W ro H I feet wide, when measured at right angles from / -5,2 /'//;/./ / // // / // 45.0' -I 5.2 ~ the following line: // / f ///_//f,.,. /,.,./?/.. - N89'03'W 2563.7+ ~ S.11 N89'03'W 165.Z' ,.... j ..... I Commencing at the southwest corner of said 5.11 Section 2, which is also the southwest corner P.O.B. 45' RIGHT OF WAY of said land described in Film 87, Page 1894, ACQUISITION and the True Point of Beginning; thence along the south line of said southwest quarter, and south line of said land described in Film 87, Page 1894, South 89'03' East a distance of 165.2 feet, more ar less, to the southeast GRAPHIC SCALE corner of said land described in Film 87, Page LEGEND 50 0 25 50 1894, and the end of the line herein 1--..- ..... , I described. t'. ../ ..-/ ..1 RIGHT OF WAY ACQUISITION ( IN FEET ) 1 inch = 50 fl The ends of said strip of land are lengthened + SECTION CORNER or shortened, os required. to terminate on the east and west tines of said land described in ....... Film 87. Page 1894. QUARTER SECTION CORNER ~MORRISON - ~ DURSTON ROAD Said strip of land contains 7,432 square feet, ---- SECTION LINE ' MAIERLE,INC. -- RIGHT OF WAY PLAT - -....--- -- more or less. 1ioo'L1J.'iI01 ~___II!.:!iIm'I. _f.K(III1-I?IL '-=(.-).:11;'-11115 PARCEL 1 CUENT: ~ Fi Eill WORK=------ DA IT: 03 /2 4/C4- PlDTTEO DATE: Moy/l0/2':J{IS - 11 :5321 :Jm DRAWN 8Y:~ SCALL1 r_So:}' OOAWlNG NAME: it:\I)~ I7\OJ5\.'.CJ>D\sro\PAJICEL -I.~ '-, CHECKED BY' PROJ ,:0417.0] 5- SHEET , OF , PlDTtE'C"EI'T:,"""",", ......... ~ ~ ~ ~ EXHIBIT B REGRADE APPROACH TO MATCH NEW ROAD IMPROVEMENTS REMOVE AND REPLACE FENCE TO PROPERTY LINE APPROX TOE OF FILL SLOPE I I I I LOT \3 ! LOT 333 BLOCKSE 5 ! BLOCKSE 5 pHA . pHA . - ! ~............... . ; -....... I \ ... ,~~"-,~ -. \ I L.-' ." . .-..., ." ." '" , -.,,- \~_ -c' ';oj ~:_- ,:.: :;tr:;\;~"z;~~rn.n7::~;<t1?::; ; '-.I:...I,.rrF .. ~". -,.,.. ,- ,.",.~ .. --- ,. A \ / ----... -- - EX; clIVi". _.; i, .s,~~ <IV. . ~,,;Ji,.(: X (t ~'t""'C! _ _: 1 45' RIGHT-OF-WAT F ~ _ _. ~ _ -I~-------~--'-- TRACT D~VI510N i SMITH SUB I RESTORE ALL DISTURBED AREA WITH NATIVE GRASS SEED MIX. UE EXISTING ELECTRIC UNE FlRE HYDRANT -.---- =" 10Wi': _..--~- EXISTING WATER UNE SEWER MANHOLE 0;5 EXISTING SEWERUNE iIri: CURB INLET TEL EXISTING TELEPHONE UNE , ,t.; HEADGA TE ------- ..----------- EXISTING GAS UNE -----u- SIGN x EXISTING FENCE UNEciW,;; RCc " EXISTING CULVERT --;;~1'"':- TREES - - - ~ ~- -. -~ - ~-- ""//',"-" .--.... "D.J POWER POLE" SHRUBS / BRUSH IJ.JID MAIL BOX (X UGHT POLE EJ TELEPHONE RISER WELL WATER VALVE STORM DRAIN INLET --() GUY WIRE ~MORRISON =~ iiIIIJ MAIERLE,INC = 50 0 25 50 '" .m................ """""'.' . ~ _ I I ....."'~"'''--_I/!-'''''.-I'''I''''-,,,.,' '..1"'1""'''''' 87fm 1894 _-_ CLIENT; (IN FEET ) _ ,_ 4/11 /0'0 PLOTTED OA TE: Apr /18/2005 - 04:41 :20 pm FIELD WORK DAL.... DRAWING NAME: 67, 169' DRAWN BY: SMR SCALE:~_._. H:\0417\OJ5\ACAD\Exl1ibit:9-!;:!;IYlt &: RQW\CWA MA5T(R,dw9 CHECKED 8Y: GJ5 PROJ #:0417.030' SHEET 1 or : PLOTT'O """ud. f1...f'501I.lh0I1. ",{ cmlf/i>,.r! [)ol11oln -Sh -______&{11il IInderson