HomeMy WebLinkAboutResolution 4655 Baxter and Davis Intersection Description and Authorization i '
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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 i
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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 b the owners and the City has been unable to obtain the consent of the owners to sell said
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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,
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WHEREAS, said use is a public use authorized by Section 70-30-IO2, 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 Davis
Lane, and the installation of intersection traffic controls and sidewalks along all sides of the
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Resolution 4655,Baxter Lane and Davis Eminent Domain
intersection; and
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
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana
at a regular session thereof held on this 91h day of November,2015.
CtTY,QF BOZEMAJ�,--
Y )k.'KRAUSS
ATTEST:
'NWN9�CMC
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P11V co
APPROVED AS TO FORM:
6RKd SULLIVAN
City Attorney
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Resolution 4655,Baxter Lane and Davis Endnent Domain
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Exhibit A
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DOWL
August 27,2015
Project No.4524,11402.01
William and Dianne Peterson
5001 East Baxter Lane
Bozeman,MT 59718
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Subject: Baxter Ln. and Davis Ln. R/W Acquisition of Parcels 2-1 and 2-2
Dear Mx. and Mrs. Peterson:
The City of Bozeman will be reconstructing the roadway intersection of Baxter Lane and Davis Lane
in the near future. In order to allow the improvements to be constructed, the City needs to obtain
additional right-of-way in the vicinity of the intersection. A portion of your property on the
northeast corner of the aforementioned intersection is needed. The property is described as the
SV2SW'/4SW1/4SW1/4 of section 35, T1S, R5E. This letter is intended to present the offer of
compensation to obtain a public use easement and a temporary construction easement, referred to as
Parcels 2-1 and 2-2, as well as briefly explain the process.
DOWL is under contract with the City of Bozeman to assist with obtaining the additional Right-of-
Way for this project. Our job is to answer your questions and ensure that you understand the just
compensation offering for the necessary interests, the acquisition process and your rights as a
property owner. The following is a summary of the offer and the paperwork required.
The Offer
The offer of compensation for the easement areas shown as Parcels 2-1 and 2-2 is $38,400.00. The
offer is based on an appraisal report created by a MAI certified appraiser who is qualified to provide j
fair market values for properties of this nature and has been reviewed by a second MAI certified
appraiser to ensure the appraisal was completed following the required process and procedure.
All documents required to execute the transaction are enclosed. A brief description of the
documents and additional steps necessary to complete the transaction are as follows:
• Memorandum of Agreement: The Memorandum of Agreement expresses the terms of the
easement compensation agreement in writing. Please sign the document where indicated.
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• Public Use Easement (PUE): The PUE for Parcel 2-1 is the document that will allow the
City of Bozeman to utilize the property rights defined therein. Please sign the document
where indicated with a notary present. This document will be recorded.
• Temporary Construction Easement (TCEI: The TCE for Parcel 2-2 is the document that will
allow the City of Bozeman to utilize the property for the purposes stated therein. Please sign
the document where indicated.
• Appraisal: The Appraisal Report for Parcels 2-1 and 2-2 is included for your records. Below
is a brief summary of how the compensation of each parcel was calculated:
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406-586.8834 w 600-665-9847:(fox) . 2090 Stadium Drive Bozeman,Montana 59715 Ig wvnv.dowl.rom i
Alaska a Arizona ■ Colorado i Montana m North Dakota n Oregon Q Washington a Wyoming
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. ... .... ... . ....................................
Area s ft Price/sq ft.. Total Value
Market Value of site Current`:
Unencumbered Area 1901227 $2.00 $380,454 g
Existing Easement..Area 28.,8.80. $2.00 5%
$2,888.
*
Total 219,107 $383 342
Market Value of site,After:
Value of the Site,Before*:*
Value of the New PUP.;. 19,004 $2,00`* 9S% $36,108
Value of the Remainder,After $347,234
Value of the New PUE Rounded $36150
Value_of the.New TCE"- . __ .. . 5,617. $2.00 10% *2 $2,247
Value of the New TCE(Rounded): - $2 250
Total Estimated Com ensation2 Rounded : $38,400
_ ._......._...-......
........_... ..........
'Appraisal Report,page 46
2 Appraisal Report,page 70
A self-addressed, stamped envelope is enclosed for your convenience. Please return all original
signed documents as soon as possible and retain a copy for your files. We appreciate your attention
to this matter.
If you have any questions or would like to discuss these documents in more detail,please feel fine to
contact me via email(abeeken-gaddona.dowl.com) or phone (406-551-1445). E
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Sincerely,
DOWL
Tony Becken-Gaddo, P.E.
Real Estate Services
Transportation Engineer
Attachment(s): As stated
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f �aoa� PROJECT NAME:BAXTER LN.AND
CITY OF BOZEMAN DAVIS LN.R/W ACQUISITION
Engineering Division PROJECT.#: 4524.11402.01
Public Works Department
ram: o��r PARCEL#:2-1 AND 2-2
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this day of , 20^, between WILLIAM
AND DIANNE PETERSON, the owner(s) of the south half of the southwest quarter of the southwest
quarter of the southwest quarter(S%SWY4SW%SW%) of section 35, Township 1 South, Range 5 East of
the Montana Principal Meridian, Gallatin County, Montana (Deed Reference: Film 22, page 964),
according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of
Gallatin County, Montana hereinafter "seller(s)" and the CITY OF BOZEMAN hereinafter"Purchaser" for
the purchase of said property interest(s), The amount to be paid and other considerations to be given in
full satisfaction of this Agreement are as follows: a
Public Use Easement(Parcel 2-1): $ 36,150.00
Easement Area: 19.004* (sgft)
Temporary Construction Easement(Parcel 2-2): $ 2,250:00
Easement Area: 5_ :Jr (sgft)
Total $ 38,400.00
w See Figure 1 attached
Other Conditions:
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1. Taxes and Special Assessments, if any, delinquent from former years, and Taxes and Special !
Assessments for the current year, if due and/or payable, shall be paid by the.seller or sellers.
2. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to
the real estate, and there are no promises, terms, conditions or obligations referring to the subject
matter hereof, other than as contained herein.
3. The seller(s) hereby agree(s) that the compensation herein provided to be paid includes full
compensation for their interest and the interests of their life tenants, remaindermen, reversioners, �.
liens and lessees, and any and all other legal and equitable interest that are or may be
outstanding and said sellers agrees to discharge the same.
4. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties
hereto and upon the respective heirs, devisees, executors, administrators, legal representative,
successors and assigns of the parties, only when the same shall have been approved by the City
Manager on behalf of the Public Works Department.
5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution II
of this Agreement by the CITY OF BOZEMAN and payment of the purchase price. i
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Of the total amount of compensation hereinabove agreed upon, the sum of$38 400. 0 shall be paid upon
execution and delivery of a good and sufficient: Public Use Easement, ® Temporary Construction
Easement, and the balance of the compensation, amounting to $ 0.00 shall be paid upon compliance by
the seller(s) with the terms hereof.
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Disbursement of funds will be made in the following manner:
Sellers Amount of Payment
William and Dianne Peterson $38,400.00
The Seller(s) certify that there are no known hazardous materials on the property.
The terms of this Agreement are understood and assented to by us and payment is to be made in
accordance with the above. ;
WILLIAM AND DIANNE PETERSON
Date:
William Peterson
....... ...
Date:
Dianne Peterson
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CITY OF BOZEMAN
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By: Chris Kukulski
City Manager
ATTEST:
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By: Stacy Ulmen
City Clerk
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CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-1 and 2-2 'I
PROJECT NUMBER:4524.11402.01 Page 2 of 2 T
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IV,P / // /CURRENT OWNFr4
AND DIANNE PETERSON
500f EASTBAXTERLANE /
/SOZEMAN,MT 59718 /
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PARCEL 2-2 TCE
NEW TEMPORARY
CONSTRUCTION
TION
EASEMENT
.PARCEL 2-1 PUS
•t=I�.Jf!. / / .NEW PUBLIC USE
EASEMENT
EXISTI NO EASEMENT
U4EXISTING PROPERTY LINEI
RAYLEGEND i
- ®emm�cessx�n
CITY OF BOZEMAN RWACOLIISRION
EYlFEANYEYf NEEIIS3VR /AON8 QYQ'R6SVIIAL ----EbilNGAO"LN-
MEWTNPOi0.W 11&.EA9f1£M SpIF� f ARIIGk'OTO Eb81NO PaWi4iYLli
Nf O 40 00 ���Nf'NPs7Y�A4Yf Uii GSillTlf i
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• ".,GIE N "CYRn>IXNiYCWWlRUCID"FA!IDEIA
BAXTER LANE AND DAVIS LANE PROJECT 4524.11402.01
RICHTaF-WAY ACQUISITION DATE W712015
D o W 1. CITY OF BOZEMAN,MONTANA
PARCEL 2-1 AND 2-2 FIGURE 1
SjjWM WAS"SEC 35,nS AN PWA. i
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fY PROJECT NAME::BAXTER LN.AND
�OZ
CITY OF BOZEMAN DAVIS LN.R/W ACQUISITION
a * Engineering Division
r ' r Public Works De artment PROJECT# 4524.11402.01
p PARCEL#.24.
PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THE GRANTOR(S), WILLIAM AND DIANNE PETERSON, whose address is 5001 East Baxter Lane
Bozeman, MT 59718, for and in consideration of Ten and No/100 - Dollars, and other valuable
consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation
of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its I
successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under,
along, through, and across the following-described tract of land located in Gallatin County, Montana:
A public use easement to the city of Bozeman, located in the south half of the southwest quarter of
the southwest quarter of the southwest quarter (S%SW'/4SW%SW%) of Section 35, T1S, R5E,
P.M.M., city of Bozeman, Gallatin County, Montana, more particularly described as follows and as
shown on the attached Exhibit A;
Beginning at the southwest corner of the easement herein described, being a point on the north right-
of-way of Baxter Lane, from which point the southwest corner of Section 35, T1S, R5E, P.M.M., bears
S 46' 08' 15" W, 42.63 feet, said point of beginning; Thence, from said point of beginning, N 010 24'
34" E, 301.59 feet along the east right-of-way of Davis Lane; Thence, S 89' 08' 21" E, 20.12 feet;
Thence, S 01' 23' 13"W, 239.33 feet; Thence, S 36' 06' 23" E, 52.87 feet; Thence, S 890 08' 19" E,
578.66 feet; Thence, S 01° 24' 51"W, 20.06 feet to the north right-of-way of Baxter Lane; Thence, N
89' 08' 05" W, 631.08 feet along the north right-of-way of Baxter Lane to the point of beginning, and
containing 19,004 sgft, more or less.
All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the
GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment
of the right.
The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good
title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and
peaceable possession thereof; and shall have a free and unrestricted right to maintain said facilities as
long as the right-of-way of which this easement area is a part, remains a public way.
Dated this day of , 20
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William Peterson Dianne Peterson
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CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-1
PROJECT NUMBER:4524.11402.01 Page 1 of 3
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ACKNOWLEDGMENT OF GRANTOR
STATE OF MONTANA )
) ss
County of Gallatin )
On this day of , 2Q_, before me, the undersigned, a Notary Public in and
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for the said State, personally appeared the Grantor,' William and Dianne Peterson, known to me to be f
the identical persons who executed the foregoing instrument and acknowledged to me that William and
Dianne Peterson signed the same as William and Dianne Peterson free and voluntary act and deed, with
full knowledge of its contents, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of Montana
My Commission Expires:
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, l
Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby
accepts for public purposes, the real property, or interest therein, described in this instrument and
consents to the recordation thereof:
CITY OF BOZEMAN
Date:
By: Chris Kukulski I.
City Manager
ATTEST:
By: Stacy Ulmen
City Clerk
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CITY OF BOZEMAN PROJECT NAME:BAXTERIDAVIS Parcel 2-1 it
PROJECT NUMBER:4524A 1402,01 Page 2 of 3
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STATE OF MONTANA )
)ss.
County of Gallatin
The foregoing instrument was acknowledged before me this day of
20_ by Chris Kukulski and Stacy Ulmen, known to me to be the City Manager and City Clerk for the
City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to
me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of Montana
My Commission Expires:
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CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-1
PROJECT NUMBER:4524.11402.01 Page 3 of 3
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CLR6EN70WNER:
/WRLIAMANODIANNEPETERSON
/SWI EASTBAXTER LANE
;43DIEMII/,
lo
S%2SW%SW'/SW/ ;/ I
\ ' C. 35 TI S
OF SEC. , R5E.
.PARCEL 2-1 PUE
• j / NEW PUBLIC USE
EASEMENT
Ij/f// f'E%187tN6 EASEMENT
/Li (W.301.59 Fte,
A2 S 89.03'21'E.20.12 FEET
/IL.4 8361 O6'23'E'6�1 FEET/
A5 S$9108WE,576.66 FEET
46 S01.24'51-W,20.06 FEET
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j / / LT 89-08'05-W,831.A76FEET
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EXISTING PROPER UWE
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APUBLIC USE EASEMENT TO THE CRY OF BOZEMAN,LOCATED IN THESOUTH
IIALFOFTIIESOUfMVFSTCDARTER OFHIE SOUDAVEST QUARTER OF THE
SOUIMNESTQUARTER(S:6SWY.S%W,BWY,)OF SECTIDN25,T1S.RSE,PALM.,CITY
OF BOZELUN,GALLATIN COUNTY,MONTANA,MORE PARTICULARLY DESCRIBED
AS FOLLOWS,
BEOBJNNIO AT THE SOUF fi%SST CORNER OF THE FASEMENTHEREIN DESCRIBED,
tlLWO A PRINT ON THE NORTH RIOHT-0FAVAY OF BARTER LANE,FROM WHICH IT
POINTTHE SOUTMVEST CORN EROF S ECRON 35,T1 S.W.PN.LL.BEANS S 46'
RAV LEGEND O6'17 W,42.63 FEET,SAID POINT OF BEGINNING;THENCE,FROM SAID POINT OF
B EGINNIIIO.N 01'24.34'E,341.59 FEET ALONG THE EAST RIGHT-OFiYAY OF
OAVIS LAIIE;THENCE.S IXW W 21-E,20.12 FEET;THENCE,S Oil 23'13'1V.239.33
ra6TIYlFAaaE•n FF.E,THENCE.S%'W 23•E.52.87 FEET;THENC E.6 09.Off 1 V E.57SS6 FEET: 1I
O NlWrwla;ua6rAa.�Evr THENf.F,8UI.24'51'W.20.06 FEETTO THE NORTH RIGHT-OF•VAY OF BARTER
4O O a ¢p LANE;TFJENCF,N W WOFW.031.06 FEET ALONG THE NORM RIGHTOFAYAY OF
BARTER LANE TO THE PORT DF BEOINNITIO,AMD CONTAJNNOI0.DD4 SOFT MORE
L ::1'.".7 ptu.lalubo 6WENfFkT' OR LESS.
BAXTER LANE AND DAVIS LANE PROJECT .... 4524.11402.01
WCHT-OF-WAY ACQUISITION DATE _. 812712015
p Q W L CITY OF BOZEMAN,MONTANA ..._._....._
PARCEL 2-1 y
SBSBIftTq{WA NO 3x 1%AN F.— Fn HIBIT A
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CITY OF BOZEMAN DAVIS LN.RfW ACQUISITION
Engineering Division
Public Works Department PROJECT M 4624.11402.01
PARCELM 2-2
TEMPORARY CONSTRUCTION
EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
THE GRANTOR(S), WILLIAM AND DIANNE PETERSON, whose address is 5001 East Baxter Lane
Bozeman, MT 59718, as owners of the property described below, and its/their successors and assigns for
good and valuable consideration, conveys and warrants to the CITY OF BOZEMAN, a Municipal
Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana
59715, Grantee and to its successors and assignees, an unrestricted Temporary Construction Easement,
over, and across the following described real estate:
A temporary construction easement to the city of Bozeman, located in the south half of the
southwest quarter of the southwest quarter of the southwest quarter (S'/2SWY4SW%SW%) of
Section 35, T1S, R5E, P.M.M., city of Bozeman, Gallatin County, Montana, more particularly
described as follows and as shown on the attached Exhibit A; I
Beginning at the southwest corner of the easement herein described, being a point on the
north right-of-way of Baxter Lane, from which point the southwest corner of Section 35, T1 S,
R5E, P.M.M., bears S 590 45' 35" W, 96.81 feet, said point of beginning; Thence, from said
point of beginning, N 360 06' 23" W, 52.87 feet along the east right-of-way of Davis Lane;
Thence, N 01' 23' 13" E, 239.33 feet along the east right-of-way of Davis Lane; Thence, S `
89° 08' 21" E, 5.00 feet; Thence, S 01' 23' 13" W, 237.68 feet; Thence, S 360 06' 23" E,
48.68 feet; Thence, S 890 08' 19" E, 46.01 feet; Thence, N 350 01' 50" E, 27.80 feet; Thence,
S 89° 08' 19" E, 41.00 feet; Thence, S 30' 26' 49" E, 26.92 feet: Thence, S 89' 08' 19" E,
459.61 feet; Thence, S 010 24' 51" W, 5.00 feet to the north right-of-way of Baxter Lane;
Thence, N 89' 08' 19"W, 578.66 feet along the north right-of-way of Baxter Lane to the point
of beginning, and containing 5,617 sqft, more or less.
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delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of
this instrument and designated as Parcel No.2-2. Said parcel, containing 5,617 square feet, more or less,
is hereby provided to the CITY OF BOZEMAN, for the purpose of constructing and/or improving a public
street, highway, walkway, trail and/or electric, telephone or telecommunications, gas, water, sewer, drainage, f
or other utility transmission or distribution facilities as necessary for the Baxter Lane and Davis Lane
Intersection Improvement Project.
Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore
the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor
harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. a
The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above-
described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable
possession thereof and use thereof during the period of the Temporary Construction Easement. This
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CITY OF BOZEMAN PROJECT NAME:BAXTERIDAVIS Parcei 2-2 ;
PROJECT NUMBER:4524,11402.01 Page 1 of 2
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Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and
ending two (2) years later, at which time this easement shall expire and be of no force and effect. A
release of easement will be recorded at the conclusion of the project.
Dated this day of , 20^ {{
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William Peterson Dianne Peterson
ACKNOWLEDGMENT OF GRANTOR
STATE OF MONTANA ) j
) ss
County of Gallatin )
On this day of 20_, before me, the undersigned, a Notary Public in and
for the said State, personally appeared the Grantor, William and Dianne Peterson, known to me to be
the identical persons who executed the foregoing instrument and acknowledged to me that William and
Dianne Peterson signed the same as William and Dianne Peterson free and voluntary act and deed,with
full knowledge of its contents, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
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Notary Public in and for the State of Montana
My Commission Expires:
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CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 2-2
PROJECT NUMBER:4524.11402.01 Page 2 of 2
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• \ oA1ris LANfi\� \
roe 9
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CGR�EFlT OWNER: / , / f
/VAL=NDOIANNE PETERSON / / / /
,M EAST GAMER LANE
S///28 �1��4 WlN 4SWI4'
OF SEC. 35, T1 S, RM,.:
PARCEL2-2 TCE
NEW TEMPORARY
CONSTRUCi1ON
EASEMENT
/L1 N3�'02.7�23'W,6-87 FEET /
/ p S 9'OB'24'E,S.00 FEET
L4 S01'2T 17%237.68 FEET,
/LS S 36.06'23'E,46.88 FEET
/L8 S 89.OB 19'E,4RU1 FEET
L7 N 35.01'5T E.27.80 FEET
L8 S 89'W 19'E,41.00 FEET
L9 S 30-2V 49'1,2&92 FEET
L10 S 89'08'19'E.459.61 FEET
flLi 1 S 01.24°51'W.5.00 FEET
N 89°08'i9,W.578.66 FEET'
(EXISTING EASEMENT
E7(fSTING PROPERTY UNE li
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A TEMPORARY CONSTRUCTION EASEI.IENT TO TIIE CITY OF BDZEVAN,LOCATED
IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOURH9'EST
QUARTER OF THE SW HWGSY QUARTER OF SECTION 35,
T1S,R5E,P]F.At,CITY OF BOZEM AN,GMIATN COUNTY,MONTANA,WORE
FARTICULARLY DESCRIRFDAS FOLLOWS;
BEGINNING AT THE SOUIHLVESTCORNTR OF THE EASPLIEITF HEREIN DESCRIBED,
REINO A POINT ON THE NORTH RIOHT•CF4VAY OF BAXTE'R UN.FROM VAI)CH
POVITTHE SOUTHWEST OORNF.R OF SECTION 35,T1S,RSE.P.ALK,SEARS S 59•
4S 35'VV.PS,61 FEET,SAID POINT OF BEOMNWO:THENC E.FROM SAID POW OF t
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BAMER LANE AND DAVIS SANE PROJECT 4524.11402.01 }
' RIGHT-OF-WAY ACQUISITION DATE_ B2i121}15
D II W L CITY OF BOZEMAN,MONTANA
PARCELR2 EXHIBIT
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}. Commission Memorandum
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REPORT TO: Honorable Mayor and City Commission.
FROM: Craig Woolard, Public Works Director
SUBJECT: Resolution Authorizing Eminent Domain on Baxter Lane,Baxter and j
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 1
a
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
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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.
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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.
F
Uh::An u t: 27,'' 2015 the 'Caty's right of va�y cons Rant, DOWL sent Mr. and Mrs. €
Phtersen, owners of the lot located at:.5001 East Baxter 'Lane, a written offer to'purchase
ubhc..use and tern, ra construction easements .necess.a for the conl letion of the
iu.#earsection at' Iia�cter Lane and Davis Lane The offer 1ct#er and suAAOrtin
doeu�tentation are.attachedI Mr.:and Mrs. Petersen have not accented.the City's offer to
purchase the yublic.use and teniporarV'construction easements:
UNRESOLVED ISSUES: None
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ALTLRNATIVES: 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 1
arterial and collector district funds.
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