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HomeMy WebLinkAboutResolution 2350 Declaring need to condemn easement for sewer trunk from BN RR: 9-16-81 ~..._---_._~.._..__._-_..- - .- -.- - ..-.-..... ---" -.-.. --. .~. .. -. -~.--._. - .. ~- ~ -. ~ -~ -. - ..~.- - -_..~.. .- - - ................~.~_._-~.- -- . .. .-. ~- -~--~--_._..."-~- ~--_.._- 493 COMMISSION RESOLUTION NO. 2350 A RESOLUTION OF THE CITY Cm1MISSION OF THE CITY OF BOZEMAN DECLARING THE NEED AND NECESSITY OF THE CITY OF BOZEMAN TO CONDEMN AN EASEMENT FOR SANITARY SEWER TRUNK FROM THE BURLINGTON NORTHERN RAILROAD. WHEREAS, the City of Bozeman is in need of an additional twenty (20) inch sewer trunk line I located adjacent to and approximately eight (8) feet south of the existing sewer trunk line installed by the City of Bozeman in 1969 on real property located northwest of the City of Bozeman in which the Burlington Northern Railway Co. claims some right, title and interest thereto; and WHEREAS, the City of Bozeman needs the additional sewer line to serve additional areas within the City of Bozeman to reduce or prevent surcharge within the existing twenty (20) inch sewer line; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN AS FOLLOWS: 1- That the City Commission of the City of Bozeman finds it necessary to condemn the interest of the Burlington Northern Railway and other parties claiming interest to a right-of-way in the following described real property: A twenty (20) inch sanitary sewer pipe line upon Railway Company's Main Line right-of-way in Sections 25, 26 and 36, Township 1 South, Range 5 East and Section 31, Township 1 South, Range 6 East, ~10ntana Principal Meridian, Gallatin County, Montan~ near Bozeman station, beginning at a point distant 200 feet north- easterly, measured at right angles, from the center line of Railway Company's main track as originally constructed and distant 3,071.9 feet northwesterly, measured along said center line, from Mile Post 141 (which Mile Post is located at Railway Engineering Station 7445 plus 00 in said center line); thence southerly to a point distant 195 feet, more or less, nottheasterly, measured at right angles from said center line and distant 3090 feet northeasterly, measured along said center line, from said Mile Post; thence northwesterly parallel with said center line 2330 feet where said pipe line leaves said right-of-way; also I Beginning again at a point distant 175 feet northeasterly, measured at right angles, from said center line and distant1229 feet northwesterly, measured along said center line, from Mile Post 142 (which Mile Pdst is located at Railway Engineering Station 7497 plus 60 in said center line); thence continuing northwesterly parallel with said center line to a point distance 1805 feet northwesterly, measured along said center line, from Mile Post 143 (which Mile Post is located at Railway Engineering Station 7550 plus 40 in said center line); thence northerly to a point distant 200 feet northeasterly, measured at right angles, from said center line and distant 1823 feet northwesterly, measured along said center line, from said Mile Post 143, where said pipe line leaves said right-of-way; and also a twenty (20) inch sanitary sewer pipe line crossing said right-of-way and pas~ing beneath its tracks in said Section 26, near said station, intersecting said center line at a point therein distant 1737 feet northwesterly, measured along said center line, from said Mile Post 143. 2. That the City Commission finds that the greatest public good with the least private injury would result from the condemnation of the Burlington Northern Railway's interestln and to the previously mentioned real property. 3. That other utilities such as the Montana Power Company and Mountain Bell, together with the City of Bozeman have installed utilites on the real property and, therefore, the damage to the Burlington Northern Railroad would be minimal, if any. 4. That the City Attorney is instructed to commence condemnation proceedings to acquire appropriate interest in and to the subject real property. I DATED this 16th day of September 1981. ~' /~-~~ ~~.~,-_.~ ATTEST: fiJ~ c/ .J~ Clerk of the City Commission .......... CQM~lISSION RESOLUUQN2359_ n _~_ .- --- ~-~-- ~....- . -- ....-.--..-... -- n ~..~~.. ...._.."'"-~.._.....:.__._._ - -- - - - - - . ....""'" '. ..... . - -- ~ . -. -. ~-,.~ --494 State of ~1ontana ) County of Gallatin) City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Resolution No. 2350 was published by title and number in the Bozeman I Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 4th day of October 1981) and due proof of such publication is on file in my offi ce. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 16th day of December 1981. ~ nt..LjL-- ler of the City Commission I I _.,~ .~ . -."......-. ....-......, - - _____________ COMMISSION RES.DLUILQN__ NOL 2350 _ _ ______ ----..----...--