HomeMy WebLinkAboutResolution 3548 Deeds for W. Babcock, under condemnation
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COMMISSION RESOLUTION NO. 3548
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, RELATING TO THE RECORDING OF DEEDS OF LAND PURCHASED
UNDER THE THREAT CONDEMNATION OF PROPERTIES LOCATED ALONG
WEST BABCOCK STREET BETWEEN WEST MAIN STREET AND FERGUSON
AVENUE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION
TO HAVE THE CITY ENGINEER RECORD THESE DEEDS PU~SUANT TO
i76-3-201 (1 )(a) MCA.
WHEREAS, West Babcock Street is currently approximately 60 feet wide and was originally
constructed as a county road without any rights of way dedicated or easements granted for use along its
corridor; and
WHEREAS, the Bozeman Urban Transportation Plan 1993 Update, and the Greater Bozeman
Area Transportation Plan 2001 Update designate this section of West Babcock Street as a collector street
thus requiring the street to widened and additional right of way to be purchased; and
WHEREAS, in 2001 , the City of Bozeman entered into an agreement with an appraiser to appraise
the properties along West Babcock Street and acq ui re the necessary rights of way and easements needed
to improve West Babcock Street to state and national standards; and
WHEREAS, the City of Bozeman has purchased property from seven property owners under
threat of condemnation as set forth in Title 70, Chapter 30 of Montana Code Annotated and wishes to record
said deeds; and
WHEREAS, 976-3-201 (1 )(a), Montana Code Annotated, establishes an exemption to subdivision
requirements provided the property is purchased under threat of condemnation; and
WHEREAS, the Gallatin County Clerk and Recorder has refused to record said deeds without
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additional assurance that the City does, indeed, fall under this exception to subdivision requirements and
the properties were purchased under threat of condemnation. thus falling under this exception.
BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows:
Section 1
That the City of Bozeman has determined that additional right of way along West Babcock Street
is necessary in order to widen the road for safe vehicular traffic and add additional sidewalk for safe
pedestrian traffic. The City hired an appraiser and a negotiator for the purpose of appraising the property
and negotiating a purchase price. All negotiations were conducted under Title 70, Chapter 30 of the
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Montana Code Annotated, entitled "Eminent Domain." Under this negotiation process, the City purchased
property from the seven property owners listed below:
Mary K. Murphy, 3215 W. Babcock Street, Bozeman, Montana;
John Bradley and Jamie Robot French, 3325 W. Babcock Street, Bozeman, Montana;
Larry G. and Linda Y. Ellison, 3301 W. Babcock Street, Bozeman, Montana;
James R. and Marie Fisher, 3119 W. Babcock Street, Bozeman, Montana;
Edward L. and LeEtta L. Loterbauer, 3324 W. Babcock Street, Bozeman, Montana;
Celia B. French, 218 Pioneer Drive, Bozeman, Montana; and
James L. and Sandra J. Koch, 1 04~ S. Wilda Lane, Bozeman, Montana.
Section 2
That because the City of Bozeman purchased the property under threat of condemnation, the City
of Bozeman hereby claims the exemption set forth in 976-3-201 (1 )( a), Montana Code Annotated and, thus,
is exempt from all requirements set forth in Title 76 for all of the properties listed in Section 1.
Section 3
That the City Engineer, Richard Hixson, is hereby authorized to record this resolution concurrently
with the referenced deeds under said exemption.
PASSED AND ADOPTED by the City Commission ofthe City of Bozeman, Montana, at a regular
meeting thereof held on the 7th day of October 2002.
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