Loading...
HomeMy WebLinkAboutResolution 3685 Eminent domain, Beatty, W. Babcock Tabled Indefinitely May 3, 2004 COMMISSION RESOLUTION NO. 3685 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 interests in real property to allow it to utilize such property for purposes of widening the street, installing sidewalks and constructing, replacing, maintaining or repairing water and sewer mains in and along West Babcock Street; 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 sell 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 Babcock Street, upgrading it to collector status, the installation of sidewalks along both sides of the street, constructing, replacing, maintaining and repairing water and sewer mains in the street; and WHEREAS, it is necessary to condemn a perpetual interest in the right of way in said private real property as described in Exhibit "A" up to and including a fee simple interest for the purpose of widening West Babcock Street, installing sidewalks, constructing, replacing, maintaining and repairing water and sewer mains; and WHEREAS, it is necessary to condemn a temporary easement in said private real property described 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 interest 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 improving West Babcock Street to collector status, installing sidewalks along both sides of the street, constructing, maintaining, repairing or replacing water and sewer mains in and along 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: An perpetual interest in the right of way described in Exhibit "A" up to and including a fee simple interest 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 3rd day of May 2004. ATTEST: ANDREW L. CETRARO, Mayor ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: PAUL J. LUWE City Attorney - 2 - --- .-.-.- EXHIBIT "A" Donald D. Beatty Parcel 21 RIGHT OF WAY A tract of land located in the Southeast 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 being 32.50 feet wide, lying on the north side of a line that is lengthened or shortened, as required, to terminate on the east and west lines of that parcel of land conveyed from Donald J. Mourich and Fay I. Mourich to Donald D. Beatty, by deed dated August 25, 1980, recorded on Film 57 Page 2548, as filed with the Gallatin County Clerk and Recorder, said line being parallel to and 32.50 feet distant, southerly, when measured at right angles from the following described line: Beginning at a point on the north line of the said Southeast Quarter, being the northerly projection of the said west line of that parcel from Mourich to Beatty, said point bearing South 89011'19" East a distance of 2,885.06 feet, more or less, from the west quarter corner of Section 11; thence continuing along the north line of the Southeast Quarter, South 89011'19" East a distance of 90.75 feet, more or less, to a point being the northerly projection of the said east line of that parcel from Mourich to Beatty, and the end of the line herein described. Said strip of land containing 2,949 square feet, more or less. EXHIBIT "B" Donald D. Beatty Parcel 21 TEMPORARY CONSTRUCTION EASEMENT A parcel of property lying parallel to and contiguous with Parcel 21 as described in Exhibit "A" attached hereto and being 10' wide and 90.75' long. Said temporary construction easement contains 907.50 square feet, more or less. --... ---". ---.....