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Home My WebLink AboutResolution 3824 Eminent domain, Durston Rd, Hovaness COMMISSION RESOLUTION NO. 3824 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. -- _.____n __...__n.___..._____..._"."... 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 AN L. CETRARO, Mayor ATTEST: ~.Y~ R IN L. SULLIVAN City Clerk ."- - 2 - EXHIBIT "A" RIGHT OF WAY ACQUISITION Lorie L. Hovanec 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 the remainder of Tract 7 of the Smith Subdivision, as shown on Certificate of Survey G-27-A, as filed with the Gallatin County Clerk & 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 the fa lowing line: Commencing at the northwest corner of said Section 11; thence alon~ the north line of said northwest quarter, South 89003' East a distance of 637.3 eet, more or less, to the northeast corner of said remainder of Tract 7, and the True Point of Beginning; Thence continuing along the north line of said northwest quarter, and alonf2 the north line of said remainder of Tract 7, South 89003' East a distance of 3.1 feet, to the northeast corner of said remainder of Tract 7, and the end of the line herein described. The ends of said strip of land are lenfthened or shortened, as required, to terminate on the east and west lines 0 said remainder. Said strip of land contains 5,540 square feet, more or less. Resolution of Eminent Domain - 4 - Lorie L. Hovanec ~ ~ v. ~ ~ :::t-.. ... ~ ~ \\:) ~ ~ EXHIBIT A ~ ~~~~O~f R;:~: Acquisition Description RIGHT OF WAY ACQUISITION SITUATED IN THE NW 1/4 OF ~ Parcel No.3 SECTION 11, T2S, R5E, GALLATIN COUNTY, MONTANA 3: A tract of land being part of the ~. remainder of Tract 7 of the Smith ~ Subdivision, as shown an Certificate of / P .G.B. Survey G-27-A, as filed with the Gallatin 45' RIGHT OF WAY County. Clerk & Re.corder,. located in the S 3 S.2 ACQUISITION northw~st qua rter of Section 11,. . tJtL_ ^ S89'03'E S89"0.3 'E 123 1.' S.2 Township 2 South, Range 5 East, P.M.M., ~- - - - . - - . _ _ _. I Goltati n County, Montana, bei ng more 5.10 S.11 637.3.!-'J / / // / / / ///' /</~/. N89"03'W 1968.~- --... particularly described as follows: ~ - / / DURSTON ROAD / / """ S.11 -- , /%" / / ./ / ' / ? . ,.// // /10- A strip of land lying south of and being ~ /: //: ,// /~// ~:ri m 45.00 feet wide, when measured at right NT r:; //: /~/;~/ / C; ~ ~ angles from the following line: RANGEME7:<;;r. _ _ _ r- _ _ V1 214 H REAR TRACT r.q . N89"03 W 123.1 J 55 81< ~ I Co.mmenc.ing at the northwest corner of Or SMI1l110N ~ 5' CONSTRUCTION 1 -I ~ sOld SecttOn 11; thence along the north SUSDrv'JS >-. EASEMENT ~ ,S) line of said northwest quarter, South r.q INOER I ; \ 89'03' East a distance of 637.3 feet, :j R%CT 7 SION i->' . more or less, to the northeast corner of ;:: SUSDNI A said remainder of Tract 7, and the True sM'V6s G-27- Point of Beginning; C Thence continuing along the north line of said northwest quarter, and along the north line of said remainder of Tract 7, GRAPHIC SCALE South a9'03' East a distance of 123.1 LEGEND 5,0 _ J 2,5 50 feet, to the northeast corner of said ~ - I . ( IN FEET ) remOlnder of Tract 7, and the end of r / / / .,1 RIGHT OF WAY ACQUISITION . the line herein described. 1 Inch = S(} It. ~ SEC~ON CORNER The ends of said strip of land are T jengt~ened or shortened, as requi:ed, to ...... QUARTER SECTION CORNER te~mlOate .on the east and west lines of ~MORRISON .= DURSTON ROAD SOld remainder. MAIERLE - - - - - SEC~ON LINE ,INC. -- RIGHT OF WAY PLAT ~---- Said strip of land contains 5,540 square c:~:r~-"'-~-'-"''''''' ..,..-". PARCEL 3 feet, more or less. . . 03/24/04 PLOTTED DATE' "'oy/17/2oo5 0"32,," pm RElD WORK_ DATE. ... DRAWING-NAME: DRA'hN aY:~ SCALE:~ .,.50 .tt\G-n1\~vao\SD\pARCEI..-.l.<:I~ f'.. OiECKED BY- PROJ 1:0417.035 SiiEET 1 OF 1 PlO1TtD B1'''',..... I:!, ~. f\ f' ~ ~ ~ "" () .".... ----.. .--........-.". EXHIBIT B ; I ! / f 7 I I Iii LOT 234 LOT 34 I LOT 634 i LOr 534 i LOr 4 4 I LoT 334 i BLOcK 5 BLO~~E: 5 I BLOCKSE 5 i BLO~K E 5 i BLOCK} 5 I BLOCsK E 5 i pHASE pH,.. ! pHA j pHAS ! pHAS~ i pHA ! i I 1 I ! i I I I i i 45' RIGHT- I I I 1, !oF-WAY I I I ."__._____=----~:--__=-~-~----~~-___=~:-= ----:--:_= -L___________.__L~_,,_____________._ L_ _ __ ~ _._ __ ._ . . - ,--~. .~. ".. .II.:,~.' ;' ~_.__. ~..,,~.,.,- ...~~.:":.; .~.__:.-"m- .,.~.- -.,,,- ..."".-- --,^" 1___;_ - - -- ----- TEl I:.L - I:.L -. d:L ....- l,L ... ':,' T{:.' :):, . :/; .C.';- :~~-'~';,;": "';'. :; ;-..~:~.-i';~~t,~ ~::t>:;~:U:'.:':,~' .~.: ;~': ,.~,,~'.;:{;;:j;>; :;' ~ . " '.c c' . ::. . '.' ,.c, CM",~ ~~:" '. ;.'1i'T,~ !.._n__. - .. >:'/ .~{,'<\i</:.~!' ..._-~ '- .-. . tW:J'~v ~ I,,~;""'.-' ~~, i ~_., "..... ._ 10" r' _ . ... ._".._.. l .~._. _ mkMl-1 t~ .,.' -.-..,. I ~ I - ki I :::.. ~ I 5' NEW SIDEWALK ~ - 5' C~NSTRUCTION It,mER ~ ~ : WORK AREA REM~CT 7 IoN ~ M 4480 ~ ! TR UBDIVIS 186 F :::.. I .11TH S 27-A ~ ! SlY' caS G- RESTORE DISTURBED AREAS WITH NATIVE SEED MIX UE EXISTING ELEC1RIC LINE FIRE HYDRANT --- EXISTING WATER LINE SEWER MANHOLE EXISTING SEWER LINE CURB INLET ----...- I=~ ___"~.__M..u_____ EXISTING TELEPHONE LINE HEADGA TE EXISTING GAS LINE ---q- SIGN x --- EXISTING FENCE LINE ,,;:: ':'-- ------- EXISTING CULVERT 1REES '"D.J POWER POLE SHRUBS / BRUSH I!m MAIL BOX i....._. TELEPHONE RISER :Q: LIGHT POLE WATER VALVE WELL -0 GUY W1RE STORM DRAIN INLET MORRISON =~ MA "..",""'" IERLE,INc. .:::: Remainder Tract 7 50 0 25 50 An """."..-- t_.... P-_-_- , I ::~~~T""_""'_",:~"--("I""-'''' ,',.C<<O)"'-"7I Smith Subdivision ( IN FEET ) FIELD WORK:s;:.;R-- D~Tc..iLJJL9.L~____ ~~~~~~ ~::EE ~,"_:;:,1 ::';005 -01:325:\ prn DRAWN BY, SCALE. H:\0417\0..3~\A(:.A(J\Exh,bjl~-E:!imt & RQW\CWA MASTE.I~.dwg CHECKED BY: GJS PROJ #:0417.035 SHEET 1 . OF 1 ?LOITro oy,,,,,,. t<.e5tJluli(JY/ cf EfYlined DCrYlQ/'f7 -S-b- UrIC L./I"VQllt!.c..-