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Home My WebLink AboutResolution 3823 Eminent domain, Durston Rd, Taylor COMMISSION RESOLUTION NO. 3823 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: ~~~ City Clerk D AS TO FORM: - 2 - EXHIBIT "A'~ RIGHT OF WAY ACQUISITION William N. Taylen and Deana A. Taylen 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 Book 155, Page 214, and Film 186, Page 4480, as recorded 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 lyinW south of and being 45.00 fee wide, when measured at right angles from the fo lowing line: Commencing at the northwest corner of said Section 11; thence alon~ the north line of said northwest quarter, South 89.03' East a distance of 760.4 eet, more or less, to the northeast corner of said land described in Book 155, Page 214, and the True Point of Beginning: Thence continuin~ alon~ the north line of said northwest quarter, and alon~ the north line of said and escribed in Book 155, Page 214, and Film 186, age 4480, South 89.03' East a distance of 149.8 feet, to the northeast corner of said land described in Film 186, Page 4480, and the end of the line herein described. The ends of said strip of land are len8thened or shortened, as required, to terminate on the east line of said land escribed in Film 186, Page 4480, and west line of said land described in Book 155, Page 214. Said strip of land contains 6,740 square feet, more or less. Resolution of Eminent Domain - 4 - William N. Taylen and Deana A. Taylen ---,_._-,--- EXHIBIT - B I I LOr 234 LOr 134 LOr 634 LOr 534 LOr 4.34 LOr 3.34 I 8~~~~E 5 BLocK E 5 I 8~~~~E 5 B~~~~E 5 E3~~~~E 5 B~~~~E 5 pHA5 I 45' RIGHT- L.._,. I OF-WAY --1. NEW SIDEWALK - 1.- =2__,",.:' .0;.:, ~,~ .~.~'~~'~.;. .. ;....... ..'... ~.~..f' :..~."t~-:. ,....._ ~~._ . :"t. - .~ .- . . <I. . ~~ . .:. .. .:...~ '. . ., ~ .' .J.,. .. ..-4\ .. ."'.<<.....-.,'.:.,::.t.~. .-. 'L~ TEL .. TEL :~~.;1(:; ';r~\?t. ~;?~tr~7;tr~l~1?:?V:~~:-:~tJ~~~:r~;::~\.~~~::~.~!J~l)t-f~::~::: :~.;~::i;~};:~. ~~.:;::.;i;~~,~ ~~-:;., .::~.{>~~~_.:~.!.~~ - .:.~,\.,.,.- ,:..' . - N! I ~.. ;"".V 1'.W.fTJ.; .,.,,, ...""', '.' ~~ ,. f ., ~ ~ !"T,.., r.,,, ("0.., ""Th 57.2' REPLACE DRIVEWAY -..r TO MATCH NEW ROAD ..... IMPROVEMENTS OJAINDER NDER C'J RO,~AI 7 &i R RACr 6 rRAC1DIVISION r SUBDI ~I sMlrH 2019 MlrH sU _27-A DOc. S COS G REMOVE 5 LARGE CONSTRUCTION TREES AND HEDGE WORK AREA ALONG FRONT OF PROPERTY RESTORE ALL DISTURBED AREAS WITH SOD UE EXISTING ELEClRlC LINE :.,:. .._~~:: FIRE HYDRANT t::..Y '; ~.w/ ;'y-.I .....-..--.-.,.-...-.-.-.-.-.-.-.-,--. EXISTING WATER LINE SEWER MANHOLE ~._.~~~~~.~~._-~. s;c-; ~-'._~~~~- ~STING SEWER LINE iiJ CURB INLET IEL EXISTING TELEPHONE LINE H,G t><J HEADGA lE !.::r\'::, ".","_._..~--~-_... EXISTING GAS LINE SIGN ----0- x EXISTING FENCE LINE 'Il ,-:.-. ._.n'. .___ __._. f~~Y ~'~_..... .____ .__ __ ___. EXISTING CULVERT -::.- ~- \\..:1>......) TREES - r ,~'- ......,....) C"Q., POWER POLE (.~'".~. "'V".'! SHRUBS / BRUSH 11m! MAIL BOX :"'~~"'" ,,"' /.......,...-'''-.'','i"'' 8 TELEPHONE RISER ,. ~:Q: UGHT POLE f~'r/'i WAlER VALVE WElL ~r.y: STORM DRAIN INLET -() GUY Yt1RE _. AI MORRISON - -=' .' . - · - MAIERLE,INC. -- .-...-.. 186 fm 4480 """,... 50 0 25 50 AtI.~o-....tQnp,...'JI." ~------' . I fIO .. 1113,. 101 ~... ~ Wf. .,-,1 . .... (a) SI'I'-cm.. hit: (a) 1i!7-1111 155Bk214 CLIENT: ( IN FEET ) FIELD WORK- DA TE; .1L11/05 PLOTTED DATE: Moy/19/2005 - 10:05:35 om DRAWING NAME: 165"480 DRAWN BY: SMR SCALE: H:\0417\03S\ACAD\Exhibils-t.smt &: '(?,OW\CWA MA,STER.dw9 CHECKED BY' GJS PROJ #: 041 7.035 SHEET 1 OF ---1...- PlOTTID "', ..trntton (2.,d5t7/{.(t;OY/ "..f Em)i?&I1..f IJdrl1ail7 - 5". - W;//ipl"J .# 7Py/f''' .;.. OeCII1Cf fl. ~y/.!J1 I~ ,~ <;). ~ ~ ~ ~ 7 . ~---- '--"_-~_~-_S"_~_~~~~:-<::~K~.."7~C:;;:';:-~ ~,.- ~ EXHIBIT A ~ ~ Durston Road RIGHT OF WAY ACQUISITION SITUATED IN THE NW 1/4 OF 'i-.. Right of Way Acquisition Description Parcel No. 4 & 5 ~ A tract of land being part of that land SECTION 11, T2S, R5E, GALLATIN COUNTY, MONTANA ~ described in Book 155, Page 214, and Film 186, Page 4480, as recorded with the ~ Gallatin County Clerk & Recorder, located in the northwest quarter of Section 11, S.3 S.2 45' RIGHT OF WAY Township 2 South, Range 5 East, P.M.M., +---+ _ _ 589"03'[ __ ACQUISmON S.2 Gallatin County, Montana, being more .~ NBg.03'W 1818.6' - - 1- ,.. particularly described os follows: S.10 S.11 760.4'N01.55'E S.11 A strip of land lying south of and being 45.0' S02.03'W 45.00 feet wide, when measured at right 45.0' m angles from the following line: x K 214 I H Commencing at the northwest corner of 155 B CD ( H ~ said Section 11; thence along the north MAlNDER ~ line of soid northwest quarter, South MAINDER R~AC" D~VlSION I: I 89"03' East a distance of 760.4 feet, more R~c" JVlSION or Jess, to the northeast corner of said S MITH S~~19006 )> MI-rH sLJ~27-A 1 land described in Book 155, Page 214, D OC. I-" and the True Point of Beginning; ScOSG rM 44-80 Thence continuing along the north line of 186 said northwest quarter, and along the north line of said land described in Book 155, Page 214, and Film 186, Page 4480, GRAPHIC SCALE ~ South 89"03' East a distance of 149.8 LEGEND 50 0 25 50 feet, to the northeast corner of said land ,,",,"--' , I - - ~ described in Film 186, Page 4480, and the t / ,./ ,,/ F..... RIGHT OF WAY ACQUISITION ( IN FEET ) ~ end of the line herein described. 1 inch = 50 It. ~ The ends of said strip of land are + SECTION CORNER ~ lengthened or shortened, as required, to .... QUARTER SEC~ON CORNER ~ terminate on the east line of said land cfbMORRISON - described in Film 186, Page 4480, DURSTON ROAD MAIERLE,!Nc. ~ RIGHT OF WAY PLAT ~ and west line of said land described in ---- SEC-nON UNE -,~ .-- ~ Book 155, Page 214. l'O...nu....,.....................lLsrn._(4I!t:5lr-flm _.. PARCELS 4& 5 CUENT: 1- Soid strip of land contains 6,740 square FlUD 'WOOK=---- DAlE: {I3/24/M PLOTTED DATE: Ucy/23j200S ~ lO:12:29 em D-HA 'W'ING NAtJE: ~ feet, more or less. D"RA"'-N 8Y:~ SCAlE: 1"-50' "H:\0417"\C:lS\,o,(;,<(I\sn\pAR{:E.L-.oI;.d_IJ CHECKED BY: PROJ 104-17.035 SHEET , 0.- , PlOl'l'EJl9T::q.s1r<rtI:on ~ -1:\ ~ ~ ~ ~