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HomeMy WebLinkAboutOrdinance 63- 843, Condemnation proceeding 67 ORDINANCE NO. 843 - AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE TAKING OF PRIVATE PROPERTY FOR THE PURPOSE OF ES- TABLISHING, CONSTRUCTING AND MAINTAINING A SEVffiR FOR THE USK 'OFTHE INHABITANTS OF THE CITY OF BOZEMAN, DECLARING THE NECESSITY OF SUCH TAKING AND DIRECTING, AUTHORIZING AND EMPOWERING THE CITY ATTORNEY OF THE CITY OF BOZE1MN, I MONTANA TO COMMENCE CONDEMNATION PROCEEDINGS THEREFOR, AND DECLARING THAT AN EMERGENCY EXISTS AND THAT THIS ORDINANCE SHALL BECOME IMMEDIATELY EFFECTIVE UPON ADOPT- ION. BE IT ORDAINED BY THE CITY COMMISSION OF THE CI TY OF BOZEMAN, MONTANA, AS FOLLOWS: Section 1. That it is necessary and desirable and that public safety, interest, convenience and use d~and and require that an easement and right of way be acquired for .the purpose of establishing, constructing and main- taining a sewer over, upon, across and through the following described real property: That certain tract of land situate in the South half of Section Number. One -(l), Township Two (2) South of Range Five (5) East, M. P .~.~. , located within the following metes and bounds, to-wi t: Beginning at a point on the South line of said Section which is 1232 feet East of the Southwest corner of said Section; thence North 160 rods; the-nee East 549.6 feet more or less to the Northwest corner of property now owned by Gallatin County; thence South 160 rods along the West line of the property owned by Gallatin County; thence Wes t 549.6 feet more or less to the point of beginning, according to the official plats and records thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. That the easement and right of way necessary for the construction, establishment and maintenance of said sewer pipeline consists of a strip of I land across the above describod property thirty (30) feet in width, being fifteen (15) feet on either side of the following described centerline: Beginning at the southwest corner of Section 1, Township 2 South, Range 5 East, M.P.M., thence easterly along the southerly line of said Section 1 a distance of 1781.6 feet to the easterly line of the Roy and Jessie Walton property; thence northerly along said easterly line also being the westerly line of the Gallatin County property, a distance of 1117.0 feet to the true point of beginning of said centerline of said easement; thence in a northwesterly direction across the property of said Roy and Jessie Walton a distance of 550.2 feet to a point on the westerly line of said proper ty, said point being 1143.6 feet northerly of the southerly line of said Section 1 and also being 251.7 feet southerly of the northeasterly corner of the Homesite Addition, containing within the exterior boundaries of said easement .38 acres more or less. The above described property is owned or claimed to be owned by Roy T. Walton and Jessie A. Walton, husband and wife, as joint tenants with the right of survivorship and not as tenants in common. Section 2. Tha tit is necessary for the cons truc tion, es. tablish- ment and maintenance of said sewer pipe line that the above described right of way be ac~uired over, across, upon and under the parcel of land owned by the said oy T. Walton and Jessie A. Walton hereinbefore described and that said right of way and easement be taken by condemnation proceed- ings; that said easement and right of way cannot be acquired by purChase. See tion 3. That the City Attorney of the city of Bozeman, Montana, be, and he hereby is, authorized, directed and empowered to procure the necessary right of way hereinbefore described for said sewer pipeline I over and across the parcel of land above described by condemnation pro- ceedings to be instituted in the manner required by laws of the State of Montana against the non-accepting landowners. See tion 4. It is hereby declared that an emergency exists and it is necessary for the preservation of peace, health and safety that this Ordinance become immediately effective upon adoption. PASSRD AND ADOPTED by the affirma ti ve and unanimous vote of all members of the City Commission of the City of Bozeman, Montana, at a regular session thereof, held on the 25th day of September, 1963. sf Fred M. 3taudaher sf c. K. Wilson Ma yor ATTEST: ~~erK or tne C1ty GOmmlss1on 68 S ta te of Mon tana ) I County of Gallatin) ss Ci ty of Bozeman ) I, C. K. Wilson, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing Ordinance No. 843 was publi- shed by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of October 4th, 1963, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereby set my hand and affix the corporate seal of my office this 30th day of October, 1963. '. e/fu/~ : Clerk of the Ci ty Commission - ~ - - - I I