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HomeMy WebLinkAboutResolution 861 Taking of private property for water line from Hyalite reservoir to city of Bozeman 188 COMMISSION RESOLUTION NO. 861 A RESOLUTION of THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE TAKING OF PRIVATE f'ROPERTY FOR THE PURPOSE OF CON- STRUCTING A WATER PIPELINE TO CONDUCT WATER FROM HYALITE RESERVOIR TO THE CITY OF BOZEMAN FOR THE USE OF THE INHABITANTS OF SAID CITY OF BoZEMAN, MONTANA, DECLARING THE NECESSITY OF SUCH TAKING AND .-,~ DIRECTING, AUTHORISING AND EMPOWERING THE CITY ATToRNEY uF THE CITY I OF BOZEMAN, MONTANA, TO PROCURE THE NECESSARY RIGHTS-OF-WAY FOR SAID WATER PIPELINE BY CONDEMNATION PRoCEEDINGS. WHEREAS, the City or Bozeman, Montana, acting by and through the City Commission of the City of Bozeman, Montana, has heretofore undertaken and authorized the enlargement and expansion of the water supply and distribution system for the use and benefit of the inhabitants and residents of the City of Bozeman, Montana; and WHEREAS, the said City of Bozeman, Montana, has heretofore acquired from Middle Creek Reservoir Association the right to use one thousand fifty (1,050) acre feet of water annually from the waters of the Hyalite Creek stored in the Hyalite Reservoir eight and one-balf (8t) miles Southwest of the City of Bozeman, Montana, for the purpose of enlarging, supplementing and increasing the water supply for domestic, commercial and industrial use by the inhabitants and resi- dents of the City of Bozeman, Montana; and WHEREAS, the said City of Bozeman, Montana, acting by and through the City Comnassion of the City of Bozeman, Montana, has caused to be constructed an in- take dam at the mouth of Hyalite Canyon across Hyalite Creek and below said Hyalite Reservoir, which said intake dam is located in the Northwest ~uarter (Nwi) of Section Twenty-three (23), Township Three (3) South, Range Five (5) East, for the purpose of collecting the waters of Hyallte Creek stored in said Hyalite Reservoir and transmitting the same by water pipeline to the City of Bozeman for distribution to and use by the inhabitants and residents of the City of Bozeman, Montana; and WHEREAS, it is necessary to construct water pipelines for the purpose of transporting said water from said intake dam to the City of Bozeman, Montana, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Commission of the City of I Bozeman, Montana, as follows: Section I: That it is necessary and desirable and that the public safety, interest and convenience demand and require that said water transmission pipe- line be constructed over, upon, across, and through the following described real property: PARCEL I: A tract of land including the West ends of part of Lot Four (4), Lots Five (5) to Eight (e), inclusive, Ten (10) to Twenty-three (23), inclusive, the South 23 feet of Lot Twenty-four (24), and all of Lot Nine (9) of Bulen's Subdivision of Gallatin County, Montana, and a 36-foot strip lying between said lots and the North-South quarter section line of Section Nineteen (19), Township Two (2) Sou tn, of Ran~e Six (6) East of the M.,P.M., said tract lying in the Southeast Quarter (SE-~r) of said Section Nineteen (19) and more particularly described as follows: Beginning at a point on the North-South quarter section line of said Section Nineteen (19) South 104u' East 5".7 feet from the center of said Section Nineteen (19), thence South 1040' East along the quarter section line 2223.9 feet; thence North BldolO' East 815.7 feet; thence North 005u' West 834.5 feet; thence North 890lu' East 368.0 feet; thence North 005U' West 224.17 feet; thence North SldolO' liiaat 252'.0 feet; thence North OOSu' West 1166.4 feet; thence South 8qOlO' West 1468.0 feet to the point of beginning; together with all the re- ~lhgport1on of Lot Nine (9) of Bulen's Subdivision of Gallatin County, Montana, not contained in the above metes and bounds description; said tract contains 64.0 acres, more or less. An easement and right-of-way necessary to the construction of said water transmission pipeline consisting of a strip of land Thirty Feet (30') in width lying along and being Fifteen Feet (15') on each side of the following I described Center Line: Beginning at a point on the north line of the Helen Nash property a distance of 86u.9 feet more or less from the northwest cor- ner of said Helen Nash property; thence in a southeasterly direction a distance of 1240.9 feet to a point on the North line of Lot 13 of Bulen's Subdivision, of Gallatin County, which is 701.5 feet more or less from the northeast corner of said Lot 13. The above described parcel of land is owned or claimed to be owned by Helen Nash. -.- 189 PARCEL II: A tract of land being the East end of Lot Numbered Thirteen (13) of Bulen's Subdivision of Gallatin County, Montana, said tract lying in the Southeast Quarter (SEt) of Section Numbered Nineteen (19), Township Two (2) South, Range Six (6) East of the Montana Principal Meridian and more particularly descrlbed as follows: Starting at the East Quarter Corner of said Sectlon Numbered Nineteen (19); thence South 89010' West along the Quarter Section Line 755 Feet to the Center Line of I Sourdough Road; thence South 50U8' East along said center line a distance of 1341.3 Feet to the point of beginning; thence South e90l0' West along the North Line of said Lot Numbered Twelve (12) a distance of 777.57 feet; thence South U05u' East a distance of 111.89 Feet; thence North 8~o10' East along the South Line of said Lot Numbered Twelve (12) a distance of 786.0 Feet to the Center Line of Sourdough Road; thence North50u8' West along said Center Line a distance of 112.2 Feet to the point of beginning; said tract containing 2.U acres, more or leas. An easement and right-of-way necessary to the construction of said water transmission pipeline consisting of a strip of land Thirty Feet (3v') in width lying along and being Fifteen Feet (15') on each side of the following described Center Line: Beginning at a point on the north line of Lot 12 of Bulen's Subdivision of Gallatin County, a distance of 669.1 feet more or less from the northeast corner of said Lot 12, thence southeasterly a distance of 119.0 feet more or less to a point on the south line of Lot 12 which is 656.9 feet more or less from the south- east corner of said Lot 12. The above described parcel of land is owned or claimed to be owned by Clarence A. Bruce and Lucille L. Bruce, husband and wife, as joint tenants with the right of survivorship and not as tenants in common. PARCEL III: A tract of land being the East ends of Lots mlmbered Ten (10) and Eleven (11) of Bulen's Subdivision ~f Gallatin County, Montana, said tract lying in the Southeast Quarter (SK4-) of Section Numbered Nineteen (19), Town- ship Two (2) South of Range Six (6) East of the Montana Principal Meridian, and more particularly described as follows: Starting at the East Quarter Corner of said Section Numbered Nineteen (19); thence South 89010' West along the Quarter Section Line 755 Feet to the Corner Line of Sourdough Road thence South 5008' East alon~ said Center Line 1453.5 Feet to the point of be~inning; thence South 89019 West 1154.0 Feet; thence South 0050' East I 22 .67 Feet; thence North 89 10' East 1170.7 Feet to the Center Line of Sourdough Road; thence North SOUS' West 223.3 Feet along said Center Line to the point of beginning; said tract contains 6.0 acres, more or less. An easement and right-of-way necessary to the construction of said water transmission pipeline consisting of a strip of land Thirty Feet (3U') in width lying along and being Fifteen Feet (15') on each side of the follow- ing described Center Line: Beginning at a point on the north line of Lot 11 of Bulen's Subdivision of Gallatin County, a distance of 636.9 feet more or less from the northeast corner of said Lot 11, thence southeasterly a distance of 236.9 feet more or less to a point on the south line of Lot 10 of Bulen's Subdivision, which is 572.9 feet more or less from the southeast corner of said Lot lu. The above described parcel of land is owned or claimed to be owned by Shirley Hoy Johnson. PARCEL IV: A tract of land being all of Lot Numbered Nine (9)of Bulen's Subdivision of Gallatin County, Montana, located in the Southeast Quarter (SEt) of Section Numbered Nineteen (19), Township Two (2) South, Range Six (6) East of the Montana Principal Meridian. An easement and right-of-way necessary to the construction of said water transmission pipeline consisting of a strip of land Thirty Feet (5U') in width lying along and being Fifteen Feet (15') on eaCh side of the follow- ing described Center Line: Beginning at a point on the north line of Lot 9 of Bulen's Subdivision which point is 5'12.9 feet more or less from the Northeast corner of said Lot 9; thence southeasterly a distance of 11~.U feet more or less to a point on the south line of said Lot 9 which point is 541.0 feet more or less from the southeast corner of Lot 9. I The above described parcel of land is owned or claimed to be owned by Helen Nash. COMMISSION RESOLUTION Nu. 86-1 -- - - .- 1~K) PARCEL V: A tract of land being all of Lots Numbered One (1), Two (2) and Three (3), and part of Lots Numbered Four (4), Five (5), Six (6) and Seven (7) of Bulen's Subdivision of Gallatin County, Montana, said tract lying in the Southeast Quarter (SEt) of Section Numbered Nineteen (19), Township Two (2) South, Range Six (6) East of the Montana Principal Meridian, and partlcular~y described as follows: Beginning at the S.outh Quarter Corner of said Section Nu.mber.ed Nineteen (19); thence along , the South Line of said Section Numbered Nineteen (19) a distance of 2u6u.3 Feet to the Center Line of Sourdough Road; thence North U5008' West along the said Center Line a distance of 653.1 Feet; thence South 89010' West along the North Line of said Lot Numbered Six (6) a distance of 400.13 Feet; thence North U005U' West a d:1.stance of llu.1 feet; thence South 89010' West along the North Line of said Lot Numbered Seven (7) a dis- tance of 795.43 Feet; thence South 00050' East a distance of 390.43 Feet; thence South 89010' West a distance of 815.7 Feet to the North-South Quarter See tion Line of sa. id See tion Numbered Nine teen (19); thence South Olo4u' East along said Quarter Section Line a distance of 376.5 Feet to the point of beginning. An easement and right-of-way necessary to the construction of said water transmission pipeline consisting of a strip of land Thirty Feet (30') in width laying along and being Fifteen Feet (15') on each side of the fol- lowing described Center Line; Beginning at a point on the south line of Lot e, Bulen's Subdivision of Gallatin County, which point is 509.2 feet, more or less, from the southeast corner of Lot 8; thence southeasterly a distance of 819.7 feet, more or less to a point on the south line ot Section 19, Township 2 South, Range 6 East, M.P.M., which point is 1767.0 feet, more or less, from the south quarter corner of Section 19, Township 2 South, Range 6 East, M.P.M. The above described parcel of land is owned or claimed to be owned by Harvey Svensrud and Grace Svensrud, husband and wife, as joint tenants With the right of survtvorship and not as tenants in common. PARCEL VI: A tract of land being the Northeast Quarter (NEi) of Section Numbered Thirty (30), Township Two (2) South of Range Six (6) East of the Montana I Principal Meridian, containing 160 acres, more or less, according to U.S. Government Survey thereof. An easement and right-of-way necessary to the construction of said water transmission pipeline consisting of a strip of land Thirty Feet (30') in width lying along and being Fifteen (15) Feet on each side of the following described Center Line: Beginning at point on the north line of Section 3u, Township 2 South, Range 6 East, M.P.M., which point is 1767.0 feet from N~' corner of said Section 30; thence southeasterly a distance of 1256.6 feet, more or less, to a point on the west boundary of the right-of-way of Sourdough Road. The above described parcel of land is owned or claimed to be owned by Ford Brown, a single man. Section II: It is necessary for the purpose of constructing said water trans- mission pipeline that said rights-of-way be acquired and taken by condemnation proceedings; that said rights-of-way cannot be acquired by purchase. Section III: IT IS ORDERED that the City Attorney of the City of Bozeman, Montana, be and he hereby is autt'orized, directed and empowered to procure the necessary rights-at-way hereinabove described for said water transmission pipe- line over and across the parcels of land above described by condemnation pro- ceedings to be instituted in the manner required by law against the non-accepting landowners. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular sa.slon thereof, neld on tha 4th day of sep~ APPROVED: ~~ Mayor ,. .. ATTEST., e: .. ."-~-~~ - Ol~?"~~Y COlmnl.slon of the City of Bozeman, Montana Sta te of Mon tans - County of Galla tin ) ss. I, L. G. Shadoan, Clerk of t.re C or.unission of The City of Bozeman, do hereby certify that the foregoing Resolution was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of September 12th, 1957, and that due proof of such publication 1s on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 13th da y of September 1957. . ~4:-. ~. _ . __ / ..A:i-~~.-/ Clerk of the Commission COMMISSION RESOLUTION NO. 861