HomeMy WebLinkAboutResolution 2350 Declaring need to condemn easement for sewer trunk from BN RR: 9-16-81
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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.
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ATTEST:
fiJ~ c/ .J~
Clerk of the City Commission
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CQM~lISSION RESOLUUQN2359_ n _~_ .- --- ~-~--
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--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
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