HomeMy WebLinkAboutResolution 3532 Eminient Domain, widening Durston Rd
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COMMISSION RESOLUTION NO. 3532
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 the street, installing sidewalks, constructing a
stormwater drainage system, and relocating Mandeville Creek running parallel to 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 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 Durston Road, the installation of sidewalks and
constructing a stormwater drainage system; 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, it is necessary to condemn a perpetual easement in said private real property
described in Exhibit "A" for the purposes of establishing and constructing a stormwater drainage system;
and
WHEREAS, it is necessary to condemn a temporary easement in the said private real property
for the purposes of relocating Mandeville Creek which runs parallel to Durston Road as described in
Exhibit "A"; and
WHEREAS, the City officials should be authorized to proceed with the condemnation
proceedings as provided by law.
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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 stormwater drainage system and relocating and replacing 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 easement described in Exhibit "At! 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 5th day August 2002.
ATTEST:
ST~~
GJL:z ~
ROBIN L. SULLIVAN
Clerk of the Commission
,/
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EXHIBIT "A"
RIGHT OF WAY ACQUISITION
PATTERSON PALFFY FAMILY 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:
PARCEL4a
A tract of land situated in SE1/4 of the SW1/4 and the SW1/4 of the SE1/4 of Section 1, T.2S., R.5E.,
MPM Gallatin County Montana more particularly described as:
Beginning at the south 1/4 corner of Section 1, T.2S., R.5E., MPM, thence S89
degrees 11 '41 "W a distance of 370.54 feet along the south line of Section 1; thence
NOO degrees 48'19"W a distance of 30.73 feet; thence N89 degrees 16'35"E a
distance of 418.79 feet; thence N89 degrees 22'55"E a distance of 164.99 feet;
thence S01 degrees 21'37"E a distance of 27.53 feet to the south line of Section 1;
thence S88 degrees 38'23"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, T.2S., R.5E., MPM Gallatin County Montana
more particularly described as:
Beginning at the south 1/4 corner of Section 1, T.2S., R.5E., MPM, thence N88
degrees 38'23"E a distance of 481.52 feet along the south line of Section 1 to the true
point of beginning; thence N01 degrees 21'37"W a distance of 24.10 feet; thence N89
degrees 22'55"E a distance of 427.35 feet; thence S01 degrees 21'37"E a distance
of 18.57 feet to the south line of Section 1; thence S88 degrees 38'23"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.
PERPETUAL DRAINAGE EASEMENT
PATTERSON PALFFY FAMILY LIMITED PARTNERSHIP 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 parcel4c and more
particularly described as follows:
A tract of land situated in the SW1/4 of the SE1/4 of Section 1, T.2S., R.5E., MPM, Gallatin County,
Montana more particularly described as follows:
Beginning at the south 1/4 corner of Section 1, T.2S., R.5E., MPM, thence N70
degrees 54'38"E a distance of 661.21 feet to the true point of beginning of the
centerline ofthe drainage easement; thence S34 degrees 16'08"E a distance of72.09
feet; thence S66 degrees 52'00"E a distance of 82.43 feet; thence along a 75.00 foot
radius curve to the right with a central angle of 38 degrees 06'43" and a length of
49.89 feet; thence S28 degrees 45'17"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 cross hatched portion
of Exhibit "A3" attached hereto and made a part hereof.
TEMPORARY EASEMENT
PATTERSON PALFFY FAMILY LIMITED PARTNERSHIP PARCEL 4a
A tract of land required by the City of Bozeman for a temporary easement to relocate a
drainage ditch described in parcel 4a and more particularly described as follows:
A tract of land for construction purposes necessary to relocate and replace a
currently existing drainage ditch located on the lots owned by the Palffy Family Trust
and as shown in the diagonally hatched area on Exhibit "A 1" attached hereto and
made a part hereof.
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EXHIBIT A-I
RIGHT-OF-WAY ACQUISITION
AND DRAINAGE
EASEMENT
SITUA TED
IN
SE1/4 OF THE
SW1 /4 AND
THE
SW1 /4
OF THE SE1 /4
OF
SECTION 1 , T. 2S.,
R.5E.
GALLA TIN COUNTY,
MONTANA
FILM 129
PAGE 1900
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SOl '21'.3 7"E,
SECTION LINE
DURSTON ROAD
RIGHT-OF - WA Y ACQUISITION DESCRIP'TlON
It '"
PARCEL No, 40
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0.:
...
SW1/4
<
u
SE1/4
.... A tract of land situated in SE1/4 of the SW1/4
SECT. 1
u and the SW1/4 of the SE1/4 of
w
T.2S, R.5E.
, Section I, T.2S., R.5E., M.P.M.
0
0:: Gallatin County, Montano said tract being
Q. more particularly described os follows:
n
ci
Beginning at the south 1/4 corner of Section 1,
0
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Township 2 South, Range 5 East, M.P.M..
thence S89'l1'41"W 0 distance of 370.54 feet
along the south line of Section I;
ther,ce NOO'48'1S"W 0 distance of 30.7.3 feet;
thence N89'16'.35"E 0 distance of 418,79 feel;
--'w thence NB9'22'5S"E 0 distance of 164.99 feel;
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FILM
95
EXHIBIT A-2
RIGHT-OF-WAY ACQUISITION
SITU A TED IN
THE SW1 /4
OF THE
SE1/4
OF SECTION
1 , T. 2S.,
R.5E.
GALLA TIN COUNTY,
MONTANA
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N,
8TH AVE,
u
UJ
DURSTON ROAD
V1
501'21'.37"E,
RIGHT-Of-WAY
18.57'
ACQUISITION DESCRIPTION
I(
1".44'
PARCEL No, 4b
I
A tract of land situated in SW1/4 of
I
the SE1/4 of Section 1, T.25., R.SE..
I
M.P.M., Gallatin County, Montano said
I
tract being more particularly described
tro os follows;
I
I~
Beginning
at South 1/4 corner of Sectian
Section 1, T.2 S.. R.5 E..
then
o(J
0
N88'.38'2.3"E 0 distance of 481.S2 feet along
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FILM
95
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the sauth line of Section 1
...: ....1 f"
N' a.
to the true point of beginning;
PAGE 44
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thence N01'2".37"W, o distance
of 24_10 feet;
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W ~ I '::J 0
thence, N89'22'SS"E. 0 distance of 427..35 feet;
. . .......
thence S01'21'.37"E, a distance of 18.57 feet;
o(J '" U f-
o(J N (j)
to the south line of Section 1;
-N)Co II-
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thence S88'.38'2.3"W, 0 distance of 427..31 feet;
m>aJ -, :::J
along the south line of Section 1
SW1/4
CD >11) 0
Z V> I cr:
0
to the true point of beginning said tract
5E1/4
10-
contains 9116 square feet.
SECT. 1
T.2S, R.SE.
V 'N
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ii5
I
-ot
I
EXHIBIT A-3
DRAINAGE EASEMENT
SITUA TED
IN THE SW1 /4
OF THE
SE1/4
OF SECTION 1 ,
T.2S., R.5E.
GALLATIN
COUNTY, MONTANA
1. 534 '16 '08"E
72.09'
2. 566'52'OO"E
82.43'
3. INC. ANGLE=38'06'43"
RADIU5=75.00'
TANGENT LENGTH=25.91'
ARC LENGTH=49.89'
N. 8TH
AVE,
DEG. CURVE=76'23'40"
SECTION LINE
4. 528'45'17"E
61.57'
It
6+00 c/l ESMNT.=
45+11.37 elL PROJ.
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FILM 95
30' U
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PAGE 44
I CY 0
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0
POS
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I
SW1/4
I
DURSTON ROAD
SE1/4
I
DRAINAGE EASEMENT
SECT. 1
I
1.25, R.SE.
DESCRIPTION
I
PARCEL No, 4c
I
It
A trod of land situated in SW1/4 of
the SE1/4 of Section 1, T.2S.. R.SE.,
M.P.M., Gallatin County, Montano said
FILM 129
tract being more particularly described
tract os follows:
PAGE
1900
Beginning at the south 1/4 corner of Section 1,
T.2 S.. R.S E.. M.P.M.. thence N.70'54'38"E a distance
of 661.21 feet to the Irue point of beginning of the
I
centerline far the drainage easement;
I.z
- ,
thence 5.34'16'08"E. a distance of 72.09 feel;
I
Ihence S66'52'OO"E. 0 distance of 82.43 feet;
100
0
100 200
Ihence along 0 75.00 foot radius curve to the right with
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,
o central angle of 38'06'43" and 0 length of 49.89 feet;
thence S28'45'17"W 0 distance of 61.57 feet to the
scale