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RESOLUTION NO. 08-18703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA, PURSUANT TO BILLINGS CITY CODE CHAPTER 12' EMINENT DOMAIN, DECLARING PUBLTC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE TAKEN AND AUTHORIZJNG CITY OFFICIALS TO PROCEED. WHEREAS, the City of Billings finds ii necessary to acquire certain real property to allow it to utilizç such property for purposes of traffic lane widening improvements on King Avenue East between Orchard Lane and South Billings Boulevard in the City of Billings; and WHEREAS, the real property to be acquired, and the temporary construction easements necessary, to complete these improvements is described in Exhibit attached hereto and by this reference incorporated herein; and WHEREAS, the City officials have attempted to purchase said real property at a mutually agreeable purchase price but have been unable to obtain the consent of ail ofthe owners to sell said real property; and WHER-EAS, pursuant to Chapter 12, Section l2-102 of the Billings City Code, it is necessary to pass a Resolution initiating eminent domain procedures; and WHEREAS, said use is a public use 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 completion of traffic lane widening improvements on King Avenue East between Orchard Lane and South Billings Boulevard in Billings; and WHEREAS, it is necessary to condemn the right of way in said private real property in fee sirnple and for a temporary construction easement as described in Exhibit for the purpose of lane -widening improvemènts on King Avenue East betwçen Orchard Lane and South Billings Boulevard in the City of Billings; 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 Council of the City of Billings, Montana, as follows: L 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, and necessary construction easements, for the purposes oftraffic lane widening improvements on KingAvenue East between Orchard Lane and South Billings Bouievard in the City of Billings; 2. PUBLIC PURPOSE AND NECESSITY: It is hereby declared that said'real property 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 in feE simple, a perpetual easement and temporary construction easement described in Exhibit 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. PASSED AND ADOPTED by the City Council of the City of Billings, Monta¡a, at a regular session thereofheld on the 28th CITY OF BILLINGS ATTEST: BY: 2008 g M:i. ' -ì t Cari Martin, City Clerk Ro-n Tússinþl Mayor ---PAGE BREAK--- EXITLBIT LEGAL DESCRIPTION OF KING AVENUE EAST PROPERTY ACOUISITION L A Tract of land situated in Lot 2, Star Subdivision as recorded in Document No. 1023306, in the SWI/4 SWI/4 Section 9, T.lS., R.268., P,M.M., Yellowstone County, Montana being more particularly described as follows: Beginning at the Southeast comer of said Lot 2, thence S90'00'00"W, a distance of 295.35 feet; thence along a curve to the rigþt having a Radius of 10.00 feet, a Delta of 90'00'00", and an Arç Length of 15.71 feet; thence N00'00'00"E. a distance of 23.17 feet; thence S56"19'15"E, a distance of 41.78 feet; thence N90o00'00"E, a distance of 270.56 feet to tl¡e East iine of said Lot 2; thence 500'02'34"8 along the East line of said Lot 2, a distance of 1 0.00 feet to the Point of Beginning, containing an area of 3434.8 square feet, more or less. Together with a Temporary Easement for construction purposes 10 feet wide being Northerly of, contiguous, adjacent, and parallel to the previously described Right-of-way Acquisition Description, containing an a¡ea of 3 I26.4 Sq.Ft., more or less. 2. A Tract of land situated in Lot 1, Star Subdivision as recorded in Document No. 1023306, in the SW1/4 SWI/4 Section 9, T.lS., R.26E., P.M.M., Yellowstone County, Montana being more particularly described as follows: Begiming at the Southwest comer of said Lot 1, thence N00"02'34"W along the Westerly line of said Loi 1, a distance of 10.00 feet; thence N90o00'00"8, a distance of 260.91 feet; thence N28"41'50"E, a distance of 30.00 feet to the Westerly Right-of-Way of Newman Lane; thence S00'03'00"E along said Westerly Right-of-Way of Newman Lane, a distanc e of 26.31 feet; thence along a curve to the right having a Radius of I 0.00 feet, a Delta of 90"03'00", and an Arc Length of 15.71 feet; thence S90'03'00"W, a distance of 265.34 feet to the Point of Beginning, containing 2762.1 Sq.Ft., more or less. Together with a Temporary Easement for construction purposes 10 feet wide being Northerly of, contiguous, adjacent, and parallel to the previously described Right-of-way Acquisition Description, containing 2941 Sq.Ft., more or less. 3. A Tract of land situated in Lot 1, Block 5, Pinnick Subdivision 3rd Filing as recorded in Document No. 779769, in the SWI/4 Section 9, T.lS., R.26E,, P.M.M., Yellowstone County, Montana being more particularly described as follorrs: Beginning at the Southeast comer of said Lot 1, thence S90"00'00"W, a distance of 389.40 feet to the Easterly Right-of-Way of Newman Lane; thence N00"03'00"W along said Easterly Right-of-Way of Newman Lane, a distance of 25.62 feet: thence S87"12'20"8, a distance of 135.68 feet; thence N90'00'00"E, a distance of 253.90 feet to the Easterly line ofsaid Lot 1; thence S00'00'00'E along the Easterly line ofsaid Lot 1, a distance of 19.00 feet to the Point of Beginning, containing 7847.3 Sq,Ft., more or iess. Together with a Temporary Easement for construction purposes 10 fect wide being Northerly of, contiguous, adjacent, and parallel to the previously described RighÞof-way Acquisition Description, containing 3886.8 Sq,Ft., more or less. 4. A Tract of land situated in Lot 24, Sugar Subdivision as recorded in Document No. 15136, in the SWI/4 Section 9, T.1S., R.26E., P.M.M., Yellowstone County, Montana being more particularly described as follows: Beginning at the Southeast comer of Lot l, Pinnick Subdivision 3rd Filing, thence N00o00'00"W, a distance of 19.00 feet; thence N90'00'00"E, a distance of 187.61 feet; thence N54"26'59"8, a distance of 28.39 feet to the Westerly Right-of-Way of Calhoun Lane; thence S00"00'00"E along said Westerly line of Calhoun Lane, a distance of 35.51 feet; thence S90"00'00"W, a distance of 210.71 feet to the Point of Beginning, containing 4194.3 Sq.Ft., more or less. Together with a Temporary Easement for construction purposes 10 feet wide being Northerly of, contiguous, adjacent, and parallel to the previously described Right-of-way Acquisition Description, containing 2135.9 Sq.Ft,, more or less, ---PAGE BREAK--- 5. A Tract of land situated in Tract 1 , Certificate of Survey No. 2350 as recorded in Document No. I 37251 I, in the S1/2 SWl/4 SE1/4 SWl/4 Section 9, T.lS., R.268,, P.M,M., Yellowstone County, Montana being more particularly described as follows : Beginning at the Southwest çorner of said Tract i, thence N00'09'49'W along the Easterly Right-of-Way of Calhoun Lane, a distance of 35,84 feet; thence S54"3ó'53"E, a distance of 32.49 feet; thence N89'51'37"E, a distance of 85.44 feet; thence S83o00'53"E. a distance of 88.69 feet; thence N89'51'37"E, a distance of 66.88 feet; thence S88"59'59"E, a distance of80.74 feet; thence 587"51'35"E, a distance of 109.57 feet to the existing Northerly Right-of-Way of King Avenue East; thence 589"51 '37'W along said Northerly Right-of-V/ay of King Avenue East, a distance of 456.96 feet to the Point of Beginning, containing 4232.5 Sq.Ft., more or less, Together with a Temporary Easement for construction purposes 10 feet wide being Northerly of, contiguous, adjacent, and parallel to the South line of said Tract I and the previously described Righrof-way Acquisition Description, containing 6408.8 Sq.Ft., more or less. 6. A Tract of land situated in Lot 1, Block 9, Orchard Lane Subdivision 3rd Filing as recorded in Document No. 537746, in the SWl/4 Section 9, T.lS., R.26E,, P.M.M., Yellowstone County, Montana being more particularly described as foliows: Beginning at the Southeast comer ofLot 1, Orchard Lane Subdivision 3rd Filing, thence S89o55'30"V/ along the Northerly Right-of-Way of King Avenue East, a distance of 11.47 feet; thence N70"54'10"E, a distance of 12.13 feet to the Westerly Right-of-Way of Orchard Lane; thence S00o11'30"8 along said Westerly Right-of-way of Orchard Lane, a distance of 3.95 feet to the Point of Beginning containing 22.7 Sq,Ft., more or less. Together with a Temporary Easement for construction purposes 10 feet wide being Northerly of, contiguous, adjacent, and parallel to the South line of said Lot I and the previously described Right-of-Way Acquisition Description, containing an area of 639.2 Sq,Ft., more or less.