HomeMy WebLinkAboutResolution 3533 Eminient domain, widening Durston Rd (2)
COMMISSION RESOLUTION NO. 3533
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 widening Durston Road and installing a sidewalk; and,
WHEREAS, the real property to be acquired is described in Exhibit "A" attached hereto and by
this reference incorporated herein; and,
WHEREAS, the City officials have attempted to purchase said 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, it is necessary to condemn said real property by exercise of the right of eminent
domain to make land available for said widening of Durston Road and the installation of sidewalks; 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 widening Durston Road and installing sidewalks;
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 and installing a sidewalk.
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.
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3. DESCRIPTION OF PROPERTY, EXTENT OF INTEREST.
The right of way in fee
simple as described in Exhibit "A" shall be taken for a 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 5th day August 2002.
~;:~
STEVE R. KIR H FF, Ma r
ATTEST:
CJ~J~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVI;B1\S TO FORM:
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EXHIBIT "A"
RIGHT OF WAY ACQUISITION
TOR PARCEL 5
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 parcel 5 and more particularly described as
follows:
A tract of land situated in the SW1I4 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 N89 degrees
38'23"E a distance of 213.52 feet along the south line of Section 1 to the point of true
beginning; thence N01 degrees 21'37"W a distance of 27.57 feet; thence N89
degrees 22'55"E a distance of 268.02 feet; thence S01 degrees 21 '37"E a distance
of 24.1 0 feet; thence S88 degrees 38'23"W a distance of 268.00 feet to the true point
of beginning. Said tract contains 6,924 square feet more or less and as shown in the
cross hatched portion on Exhibit "A 1" attached hereto and made a part hereof.
EXHIBIT A-I
RIGHT-OF-WAY ACQUISITION
SITU A TED IN
THE SW1 /4
OF THE
5E1/4 OF
SECTION 1 ,
T. 2S., R.5E., M.P.M.
GALLA TIN COUNTY,
MONTANA
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DURSTON ROAD
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RIGHT-OF - WA Y ACQUISITION DESCRIPTION
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PARCEL No, 5
S01'2"37"E, 24.10'
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A trocl of land situated in SW1/4 of the SE1/4 of
,
Section 1, T.2S., R.5E., M.P.M.
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Gallatin County. Montano said trocl being
more
particularly described os follOws:
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N Beginning at the South 1/4 corner of Section 1,
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Township 2 South, Range S East, M.P.M. thence N89'38'23"E
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o distance of 213.52 feet along the South line of Seclion 1
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to the true point of beginning;
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thence N01"21',37"W 0 distance of 27.57 feet;
,0 thence N89'22'SS"E 0 distance
of 268.02 feet;
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thence 501'21',37"E 0 distance of 24.10 feet;
'N thence 588'38'23"W 0 distance of
268.00 feet to the true
FILM 129
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~'~a::: point of beginning
said tract contains 6924 square feet.
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