HomeMy WebLinkAbout02-26-15 Anhalt Murphy Eminent Domain, Bridger Center Annexation file A13002From: Bridger Creek Subdivision Community Association
To: Agenda
Subject: Murphy Eminent Domain, Bridger Center Annexation file A13002
Date: Thursday, February 26, 2015 9:07:31 AM
February 25, 2015
RE: Bridger Center Annexation file A13002, Murphy Eminent Domain
Dear City Commission,
On behalf of the Bridger Creek Subdivision Community Association (BCSCA), the
owners of the land considered for Eminent Domain, we urge you to not approve Mr.
Murphy’s request. The land that is proposed for Eminent Domain consists of two
parcels, both owned by BCSCA. The first parcel is designated a private park, and was
a condition of final plat for Bridger Creek Subdivision Phase 1. The second parcel is a
20 foot trail corridor, dedicated to the public, and was also a condition of final plat.
Both parcels are owned and maintained by BCSCA, and are open for public use. This
trail and adjacent park are a key connector between the East Gallatin Recreation
Area and the future Story Mill Park.
In the summer of 2013, the BCSCA Board of Directors became aware of an increase
in interest to purchase and develop this 12 acre property. We were approached by a
few developers about access to the property from Boylan Drive. The Board became
aware at this time that the seller of the property had been providing potential
buyers with a letter from a former BCSCA Director that stated an easement could be
granted. The BCSCA records did not include any history of this letter, nor did the
Board minutes contain any record. We informed the seller’s agent that this letter
should not be distributed to potential buyers.
At the same time, we contacted the seller’s agent about our interest in securing an
option to purchase the land for a future park. BCSCA met with representatives of
GVLT, TPL, the City of Bozeman, and a representative of the NPS involved with
wetlands preservation. There was interest in trying to coordinate the parcel with the
future Story Mill Park request, as that had not yet been approved with Open Space
Bond funds.
Before anyone could proceed, we were notified that the land had been purchased by
Mr. Murphy; he never contacted BCSCA prior to the purchase. Mr. Murphy contacted
us a couple weeks later to discuss the easement he expected from Boylan, based on
the letter that we had asked the seller’s agent not to use.
We informed Mr. Murphy that BCSCA was not interested in granting an easement
from Boylan, since the property already had legal access from the south and because
we wished to preserve this parcel as open space. Mr. Murphy continued to press for
an easement by contacting homeowners in the subdivision, distributing post cards
both by mail and in person, publishing information on a website, and emailing
members of the Association. We polled our membership of 250+ by email regarding
support for pursuing an easement agreement with Mr. Murphy, and received just
three responses in favor.
Mr. Murphy approached his negotiation with us by only offering “or else” scenarios if
we didn’t grant an easement. He also continued to say that he had received 2 to 1
comments in favor of us granting an easement, yet could not tell us which
homeowners were in favor. In May of 2014, Mr. Murphy attended our Annual
Membership Meeting without an invitation, and handed the Board an offer to
purchase an easement for full access in the amount of $22,000. The offer stated
that earnest money was included, but no check was attached, and also specified
how the money was to be used by the Association. The Board declined to respond
to the offer.
Mr. Murphy never asked BCSCA for an easement for emergency access and utilities;
he has only ever asked for a full easement with no restrictions. BCSCA has been
consistent in denying this request for several reasons:
1. Our covenants do not appear to give the Board power to grant an
easement. We would need a majority approval of the membership. Since only
3 of the 250+ members have expressed interest in pursuing an easement, we
have not moved forward with negotiations.
2. Even if our membership approved, any easement across land dedicated to
the public would also need to be approved by the City Commission in order to
amend the plat.
3. The BCSCA homeowners would prefer to see this land remain as open
space. It is surrounded on three sides by public lands, and includes a
mitigation wetlands to replace wetlands previously destroyed through
development. Most of the 12 acres lies in the floodplain, and the entire
property typically sees high groundwater during spring run-off. We have dealt
with groundwater issues in that corner of the subdivision for years, and
recently installed a French drain along the trail corridor to address the issue.
Eminent Domain should not be used in this case since Mr. Murphy has failed to show
there is a public benefit for the access. Access would only benefit his property and
since access is already available from the south, use of tax dollars to pursue eminent
domain is completely inappropriate. We believe there is a greater public benefit in
leaving the trail corridor and park undisturbed, and more importantly, for these 12
acres to remain wetlands and open space.
It appears that Mr. Murphy is trying to use your denial of eminent domain as a
denial for his property to be annexed into the City. This would open the door for him
to pursue development in the County, which has less stringent rules. The issue
before you right now is not about annexation; it is about using eminent domain.
BCSCA urges the Commission to:
· Deny the use of eminent domain for an easement to his 12 acres.
· Clarify that water and sewer services are available to the property from
Commercial Drive, and therefore the City would be happy to accept his
application to annex to the City.
· Work with Mr. Murphy to plan a thoughtful development within the
restrictions of the property, or alternatively, try to incorporate his land into
the City’s future park and open space plan.
Thank you for your consideration.
Respectfully,
Sharyn Anhalt, President
Bridger Creek Subdivision Community Association
3225 August Dr
Bozeman MT 59715