HomeMy WebLinkAboutResolution 3599 Palffy eminient domain
COMMISSION RESOLUTION NO. 3599
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, SUPERCEDING RESOLUTION NO 3532 AND 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, on the 5th day of August 2002, the City Commission of the City of Bozeman
passed Commission Resolution authorizing City staff to proceed with condemnation proceedings to
acquire certain real property for the purposes of widening the Durston Road, installing sidewalks,
constructing a storm water draining system and relocating Mandevi/le Creek; and
WHEREAS, since the date of the resolution, the City has determined that additional interests
in the property are necessary to serve the public interests in the road improvement project and protect
the rights of the property owner; and
WHEREAS, the City of Bozeman now finds it necessary to acquire the interests in real property
to allow it to utilize such property for the purposes of widening the street, installing sidewalks,
constructing a storm water drainage system, reconstructing and relocating Mandeville Creek and an
irrigation ditch lying on the western portion of the property and also a temporary construction easement
to access the improvement project area as well as repair any damage to the owner's property incurred
during construction; and
WHEREAS, the City officials have attempted to purchase all necessary interest in the real
property 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, the City Commission finds it is necessary to condemn said real property by
exercise of the right of eminent domain to make land available for said widening Durston Road, the
installation of sidewalks and constructing a storm water drainage system; and
WHEREAS, the City Commission finds it is necessary to condemn the right of way in said
private real property in fee simple as described in Exhibit "A," attached hereto and incorporated by
reference, for the purpose of widening Durston Road and installing sidewalks; and
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WHEREAS, the City Commission finds it is necessary to condemn a perpetual easement in said
private real property described in Exhibit "A" attached hereto and incorporated by reference for the
purposes of establishing and constructing a storm water drainage system; and
WHEREAS, it is necessary to condemn a temporary easement in the said private real property
for the purposes of reconstructing and relocating Mandeville Creek which runs parallel to Durston Road
as described in Exhibit "A," attached hereto and incorporated by reference; and
WHEREAS, it is necessary to condemn a temporary easement in the said private real property
for the purposes of reconstructing and relocating an irrigation ditch lying on the western portion of the
property and which runs parallel to Durston Road as described in Exhibit "A," attached hereto and
incorporated by reference; and
WHEREAS, it is necessary to condemn temporary construction easements in the said private
real property as described in Exhibit "A," attached hereto and incorporated by reference, for the of
repairing or replacing the property or any appurtenances thereto which may have been damaged during
the construction of the improvements and to provide access to the project during construction; 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 Durston Road, installing sidewalks,
establishing a storm water drainage system and relocating and replacing Mandeville Creek and the
existing drainage ditch.
2. PUBLIC PURPOSE AND NECESSITY: It is hereby declared that
said real
property 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, a perpetual easement and temporary easements all described in Exhibit "A" 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.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 2nd day of June 2003.
STE~
ATTEST:
ei;L~~
Clerk of the Commission
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EXHIBIT "A"
RIGHT OF WAY ACQUISITION
MAXEY LIMITED PARTNERSHIP PARCELS 4a AND 4b
The land required by the City of Bozeman in fee simple for right of way for the widening of
Durston Road and installing sidewalks also described as Parcels 4a and 4b more particularly described
as follows:
PARCEL 4a
A tract of land situated in SE1/4 of the SW1/4 and the SW1/4 of the SE1/4 of Section 1, T2S, R5E, MPM
Gallatin County Montana more particularly described as:
Beginningatthesouth 1/4 corner of Section 1, T2S, R5E, MPM, thenceS89011'41"W
a distance of 370.54 feet along the south line of Section 1; thence NOOo 48'19"W a
distance of 30.73 feet; thence N89016'35"E a distance of 418.79 feet; thence
N89022'55"E a distance of 164.99 feet; thence S01021'37"E a distance of 27.53 feet
to the south line of Section 1; thence S88038'23"W a distance of 213.52 feet along the
south line of Section 1 to the point of beginning. Said tract contains 17,455 square feet
more or less and as shown in the cross hatched portion on Exhibit "A 1" attached hereto
and made a part hereof.
PARCEL 4b
A tract of land situated in SW1/4 of the SE1/4 of Section 1, T2S, R5E, MPM Gallatin County Montana more
particularly described as:
Beginning at the south 1/4 corner of Section 1, T2S, R5E, MPM, thence N88038'23"E
a distance of 481.52 feet along the south line of Section 1 to the true point of
beginning; thence N01 021 '37"W a distance of 24.10 feet; thence N89022'5S"E a
distance of 427.35 feet; thence S01 021'37"E a distance of 18.57 feet to the south line
of Section 1; thence S88038'23"W a distance of 427.31 feet along the south line of
Section 1 to the true point of beginning. Said tract contains 9,116 square feet more
or less and as shown in the cross hatched portion on Exhibit "A2" attached hereto and
made a part hereof.
A-1
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PERPETUAL DRAINAGE EASEMENT
PARCEL 4c
The land required by the City of Bozeman for a perpetual drainage easement for the
establishment of a storm water drainage system north of Durston Road described as Parcel 4c and more
particularly described as follows:
A tract of land situated in the SW1/4 of the SE1/4 of Section 1, T2S, R5E, MPM, Gallatin County, Montana
more particularly described as follows:
Beginning at the south 1/4 corner of Section 1, T2S, R5E, MPM, thence N70054'38"E
a distance of 661.21 feet to the true point of beginning of the centerline of the drainage
easement; thence S34016'08"E a distance of 72.09 feet; thence S66052'00"E a
distance of 82.43 feet; thence along a 75.00 foot radius curve to the right with a central
angle of 38006'43" and a length of 49.89 feet; thence S28045'17"W a distance of 61.57
feet to the point of intersection with the north right-of-way line for Durston Road. The
easement is 30 feet wide and extends to the north right-of-way line of Durston Road.
Said easement contains 7,977 square feet more or less and as shown in the hatched
portion of Exhibit "A3" attached hereto and made a part hereof.
TEMPORARY EASEMENTS
PARCEL 4a
A tract of land required by the City of Bozeman for a temporary easement described in Parcel
4a and more particularly described as follows:
A tract of land approximately 15 feet wide and 419 feet long for the purpose of
reconstructing, relocating and replacing a currently existing drainage ditch containing
5,067 square feet more or less and as shown in the diagonally hatched area on Exhibit
"A 1" attached hereto and made a part hereof.
AND
A tract of land required by the City of Bozeman for a temporary easement described in Parcel
4a and more particularly described as follows:
A tract of land in an "L" shape as shown in the diagonally hatched area on Exhibit "A1 ," attached
hereto and made a part hereof, containing 11,088 square feet more or less for the purpose of
reconstructing, relocating and replacing a stream also known as Mandeville Creek.
A-2
TEMPORARY CONSTRUCTION EASEMENTS
PARCEL 4b
A tract of land required by the City of Bozeman for a temporary construction easement described
in Parcel 4b as depicted in Exhibit "A2," attached hereto and more particularly described as follows:
A rectangular tract of land approximately 15 feet wide and 427 feet long for
construction purpose of accessing the property for the installation of the Durston Road
improvements and repairing any damage to the adjacent real property which may
occur during construction. Said tract contains 5,999 square feet more or less and as
shown in the diagonally hatched area on Exhibit "A2," attached hereto and made a part
hereof. Said easement shall be automatically extinguished upon the completion of the
improvements project and the full use of the property shall revert to the owner.
PARCEL 4d
A tract of land required by the City of Bozeman for a temporary construction easement described
in Parcel4d as depicted in Exhibit "A4," attached hereto and more particularly described as follows:
A rectangular tract of land approximately 1 0 feet wide and 130 feet long for the purpose of
accessing the property for the installation of the Durston Road improvements and repairing any
damage to the adjacent real property which may occur during construction. Said tract contains
1,300 square feet more or less and is shown in the diagonally hatched area on Exhibit "A4,"
attached hereto and made a part hereof. Said easement shall be automatically extinguished
upon the completion of the improvements project and the full use of the property shall revert to
the owner.
A-3
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EXHIBIT A- 1
RIGHT-OF - WA Y ACQUISITION AND
AND DRAINAGE AND CONSTRUCTION EASEMENT
SITUATED IN SE1/4 OF THE 5W1/4 AND THE
- SW1/4 OF THE 5E1/4
OF SECTION 1, T.2S., R.5E.
GALLATIN COUNTY, MONTANA
FILM 95
PAGE 44
OURSTON ROAD
RIGHT-Qf'-WAY ACQU1S11ION ~l1ON
t UT PARCEL No. 40
SWI/4
SE1/4 A tract of land -'tuottd In SE1/4 of the SWI/4
SECT. 1 and the SWI/4 of the SEI/4 of
Us. R.SE. S<<tIon I. US.. R.SE.. ".P.'"
GcIIIcrtJn County. Monldno ...... tract being
more particularly ~ .. foII..-
BegInnIng ot the .....th 1/4 com... of Seetlon 1.
T""""'rp 2 South. Ronge S [oat, ".P .....
thenoe S89"11'4'"Wa chton". of 370.54 feet
alQng the IOUth line of SectIon 1;
th_ NOO'48'19"W a cht_ of 30.73 feet;
UARY · th..."" Neg1".3S"E a ~ of 4'8.79 fwt;
M <tie!' th..."" NB9'22'M"E a distance of 184.99 feet;
FRANCESCA ()~ thence 501'21'37"E a cia",".,. of 27.5.3 ,."t
t)z to the -.th line of SectIon I;
PALFfY i~O th_ saa"38'2.s"W a dletance of 213.52 ,.",
along the IOUth line of SectIon 1 to the
f'::\ paint of be9}<,nlng. SaId tract cont"...
~ 17.4M....'" ,.,,1.
AREA TO BE ACQUIRED: 17.455 5.r. (NEW RfW)
SEI//4 DRAINAGE EASEMENT: 11,088 S.F.
$WI 4
SECT. 1 CONSTRUCllON EASEMENT: 5067 S.F.
us. R.SE.
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100 0 100 200
~ '
scale feet
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CIS 398 ~ RIGHT-OF-WAY ACQUISl110N
mE DRAINAGE EASEMENT
~ CONSTRUCllON EASEMENT
PREPMED BY: aTY OF BOZEMAN MONTANA
~ IIKMEnglnHllng In<:. ·
GIoriIeTowerBuidl1g. RIGHT-Qf-WAY _PLAT
222 N. 32nd SI_ Suite 700
~ P.O. 110>< 3.318 ~CT No. ---- PARCEL 4a
~ MT 59107.1318
IN c: IN.... N c: _ (<<!6/6M-63W. fAX (<<!6J 656-6398
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EXHIBIT A - 2
RIGHT-OF-WAY ACQUISITION
AND CONSTRUCTION EASEMENT
SITUATED IN THE SW1/4 OF THE SE1/4
OF SECTION 1, T.2S., R.SE.
GALLATIN COUNTY, MONTANA
~
~
N. 8TH AVE. 11/ DURSTQN ROAD
RIGHT-OF-WAY
ACQUISll10N DESCRIPl10N
{ PARCEL No. 4b
A troct of lond Iltuoted In SW1 /4 of
the 5E1/4 of Section 1, T.2S.. R.5E.,
M.P.M.. Gdllotln County, Montono lold
FI LM 95 troct being m""e portlculorfy dllcrlbed
tro 01 followe:
PAGE 44
Beginning ot South 1/4 comer of Section
/ ,Section 1. T.2 S., R.5 E., then
~~/: 0 N88'J8'23'E 0 dlltonce of 481.52 feet olong
ct: the south line of Section 1
SECT. 1 to the true point of beginnIng;
T.2S, R.5E. Z thence N01'21'3rW, a dlstoncl of 24.10 felt;
o thlnce, N89'22'55'E, 0 dlltonce of 427.35 feet;
I- thence S01'21'37"E, a dlltance of 18.57 feet;
U) to thl louth line of Section 1;
c::: thence S88'38'23'W, 0 dlltance of 427.31 feet;
::> along the south line of Section 1
o to the true point of blglnnlng laid tract
contains 9116 Iquore feet.
t
N01 '21' 37'W,
FILM 129
PAGE 1900 I
ol:z
,
100 0 100 200
,............
sCQle feet
LEGEND
AREA TO BE ACQUIRED; 9116 S.F. (NEW R/W) -
CONSTRUCTION EASEMENT; 5999 S,F, ~ RIGHT-OF-WAY ACQUISITION
~ CONSTRUCTION EASEMENT
PREPARED BY: CITY OF' BOZEMAN. MONTANA
~ HKM Engineering Inc. RIGHT OF W'Ay PLAT
Granite Tower Building - -
222 N. 32nd SI.. Suite 700
~ P.O. Box31318 PRO.A!CT No. ----- PARCEL 4b
Billing'. MT 59107.1318
. N GIN.." N C _ (406) 656-6399. FAX (406) 656.6398
RiGHT-OF-WAY PlAN.
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EXHIBIT A - 3
DRAINAGE EASEMENT
SITUATED IN THE SW1/4 OF THE SE1/4
OF SECTION 1, T.25., R.5E.
GALLATIN COUNTY, MONTANA
1. S3416'08"E 72.09'
2. S66'52'00"E 82.43'
3. INC. ANGLE-38"06'43"
RADIUS..75.00'
TANGENT LENGTH..25.91'
ARC LENGTH:049.89' N 8TH AVE
DEG. CURVE"76'23'40" "
4. S28'45'17"E 61.57' If. SECTION LINE
STA 6+00 cIL ESMNT.-
TA. 45+11.37 cIL PROJ,
FILM 95 130~
PAGE 44 , !8 0
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POB I f
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SW1/4 ~ V
DURSTON ROAD SE1/4 I'
SECT. 1
DRAINAGE EASEMENT T.2S, R.SE, I
DESCRIPTION I
PARCEL No. 4c If. I
A tract of land situated In SW1 /4 of
the SE1/4 of Section 1, T,2S.. R.5E.,
M.P.M., Gollctln County, Montana .ald FILM 129
tract bslng mare particularly described
tract a. follows: PAGE 1900
Beginning at the south 1/4 comer of Section 1,
T.2 5., R.5 E., M.P.M.. thence N.70'54'38"E 0 dl.tance
of 661,21 feet to the tms point of beginning of ths I
centerline for the drainage easement; liE Z
thence S,3416'06"E, a dl.tance of 72.09 feet; ,
thence 566'52'OO"E. a distance of 62.43 feet; 100 0 100 200
thencet al'ong a 75f .0380'Qfoe?t radluds curve to ths49r1geht with ........
a Csn ra angle 0 43 On a length of . 9 feet;
thence 528'45'17"E a dl.tonce of 61.57 feet to the scole feet
point of Intersection with the north right of way line for
Du,."tan Road. The easement Is 30 feet wide and extend.
to the north right of way line of Du,."ton Road. Said
easement contains 7979 square feet. ~
EASEMENT AREA : 7979 S.F. ~ ORAINAGE EASEMENT
PREPARED BY: CITY OF BOZEMAN. MONTANA
~ HKM Englneerlng Inc. RIGHT OF w.'Ay PLAT
Granite Tower Building - -
2'n N. 32nd St.. Sulle 700
~ P.06ox31316 PROJECT No. ----- PARCEl 4c
Bimngs, MT 59107-1316
. N GIN... I N G _ (406) 65<\.6399. FAX (406) 656-6396
~GHT-OF-WA,,( PLAN.
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EXHIBIT A - 4
CONSTRUCTION EASEMENT
SITU A TED IN
THE SW1/4 OF THE SE1/4
OF SECTION 1, T.2S.,
R.5E.
GALLATIN
COUNTY, MONTANA
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ALLEY j)
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BLOCK i1 i h!::t:>j' 4d
I C) :l;-
DURSTON 2Np SUB.j -J Z i
I I 10'
(CONiUCT1ON EAEEN1) , ,
t- ---- .--. 7 i""
N, 8TH AVE, i d
N01'21 'J7'W. 17.76' i ~
'0
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FILM 95
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PAGE 44
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SW1/4
;
SE1/4
SECT. 1
T.2S, R.SE.
..- N
..-
I
Lz
,
100 0 100
200
,.........
scale feet
CONSTRUCTlON EASEMENT: 1300 S.F.
~
~ CONSTRUCTlON EASEMENT
PREPARED BY,
CITY OF BOZEMAN. MONTANA
~ HKM Englnee~ng Inc.
RIGHT-OF-WAY PLAT
~ Granite Tower 8uilding
222 N. 32nd SI.. Suite 700
PRC).,ECT No. ----- PARCEl 4d
~ P.O.8ox31318
8illing.. MT 59107-1318
. N GIN'.., N G _ (406) 656-6399. FAX (406) 656-6398
EAsu.o~T PLAN.
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