HomeMy WebLinkAboutA5. Resolution 4655 Baxter Lane
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Craig Woolard, Public Works Director
SUBJECT: Resolution Authorizing Eminent Domain on Baxter Lane, Baxter and
Davis Intersection Improvements Project
MEETING DATE: November 9, 2015
AGENDA ITEM TYPE: Action Agenda
RECOMMENDATION: Issue a resolution authorizing the use of eminent domain to secure the
necessary right of way.
BACKGROUND: State law allows the City to use its powers of eminent domain to take the
minimum amount of an individual’s property necessary to meet a public purpose. This property
must be used for the public. Section 2.07.020 of the Bozeman Municipal Code requires the City
Commission pass a resolution authorizing the City Attorney’s office to begin eminent domain
proceedings. In this case, Staff is asking authorization to begin eminent domain proceedings on
property owned by William and Dianne Peterson at 5001 East Baxter Lane. The property would
be taken in order to allow the City to improve the intersection of Baxter Lane and Davis Lane.
The Commission reviewed the options for improving this intersection on April 13, 2015 and
approved the construction of a signalized intersection. Since that time, the design has been
finalized. For construction to occur next year, additional right of way will be required at this
intersection.
On August 27, 2015, the City’s right of way consultant, DOWL, sent Mr. and Mrs. Petersen,
owners of the lot located at 5001 East Baxter Lane, a written offer to purchase public use and
temporary construction easements necessary for the completion of the intersection at Baxter
Lane and Davis Lane. The offer letter and supporting documentation are attached. Mr. and Mrs.
Petersen have not accepted the City’s offer to purchase the public use and temporary
construction easements.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Unknown at this time. Eventually payment for the right-of-way and
temporary access easement and other litigation costs will be made through the impact fees or
arterial and collector district funds.
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RESOLUTION NO. 4655
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 2, ARTICLE 7,
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 improving Baxter Lane, the intersection of Baxter
Lane and Davis Lane, and installing sidewalks, new corridor lighting, and intersection traffic
controls; and,
WHEREAS, the real property to be acquired, including a temporary construction
easement, 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 and
temporary construction easements by submission of a written offer but the final written offer was
rejected by the owners and the City has been unable to obtain the consent of the owners to sell said
real property; and,
WHEREAS, pursuant to Section 2.07.020, Bozeman Municipal Code, it is necessary to
pass a Resolution initiating eminent domain procedures; and,
WHEREAS, said use is a public use authorized by Section 70-30-102, Montana Code
Annotated, 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 improvement of Baxter Lane and Davis Lane, the
intersection of Baxter Lane and Davis Lane, upgrading Baxter Lane to arterial status, and the
installation of intersection traffic controls and sidewalks along all sides of the intersection; and
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Resolution 4655, Baxter Lane and Davis Eminent Domain
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WHEREAS, it is necessary to condemn the right of way in said private real property as
described in Exhibit "A" for the purpose of improving Baxter Lane and Davis Lane, the
intersection of Baxter Lane and Davis Lane, upgrading Baxter Lane to arterial status, and the
installation of intersection traffic controls and sidewalks along all sides of the intersection; and,
WHEREAS, it is necessary to condemn a temporary easement in said private real property
described in Exhibit “A” for the purposes of constructing said improvements and replacing and
repairing all appurtenances to said property which have been negatively impacted by the
improvement project; and
WHEREAS, the City officials should be authorized to proceed with the condemnation
proceedings as provided by law,
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 improving Baxter Lane and Davis
Lane, the intersection of Baxter Lane and Davis Lane, upgrading Baxter Lane to arterial status,
and the installation of intersection traffic controls and sidewalks along all sides of the intersection,
and repairing or replacing any appurtenances on the property negatively impacted by the
improvement project.
2. PUBLIC PURPOSE AND NECESSITY: It is hereby declared that the interests in said
real property as described herein 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 and a
temporary easement described in Exhibit “A” 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.
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Resolution 4655, Baxter Lane and Davis Eminent Domain
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PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana
at a regular session thereof held on this 9th day of November, 2015.
CITY OF BOZEMAN
By: __________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
___________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
__________________________
GREG SULLIVAN
City Attorney
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