HomeMy WebLinkAbout2018-018 Eminent DomainRESOLUTION NO. 2018- 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUBBUCK,
AUTHORIZING THE USE OF THE CITY'S POWER OF EMINENT DOMAIN TO ACQUIRE
AN EASEMENT ACROSS PRIVATELY OWNED REAL PROPERTY NECESSARY TO THE
DEVELOPMENT AND EXTENSION OF ELECTRICITY TO CITY WELL #6 CURRENTLY
BEING DEVELOPED BY THE CITY. A DESCRIPTION OF THE PROPERTY ACROSS
WHICH THE EASEMENT WOULD EXTEND IS MORE PARTICULARLY DESCRIBED
ON EXHIBIT A ATTACHED TO THIS RESOLUTION. EMINENT DOMAIN IS
AUTHORIZED AS MAY BE NECESSARY IN THE EVENT NEGOTIATIONS FOR THE
PURCHASE OF SAID EASEMENT ARE UNSUCCESSFUL.
WHEREAS, The City of Chubbuck is developing Well #6 to provide culinary water to
the public, which well site will be powered by electricity;
WHEREAS, Well #6 is a public project necessary for the effective and efficient growth
of the City of Chubbuck;
WHEREAS, the establishment of the Well #6 will enhance the health, safety, and
welfare of the citizens of Chubbuck by providing a source of culinary water for the future growth
of the City;
WHEREAS, Idaho Power Company, the supplier of electricity for Well #6 has
determined the source device for electricity for Well #6 is a transformer identified as TN27
which is located in the Northeast corner of Lot 1, Block 3, Copperfield Landing Subdivision 4`n
Division;
WHEREAS, the City needs an easement from said transformer to Well #6 across land
currently owned by Ellis Construction;
WHEREAS, City Staff, together with its representatives and assigns, has engaged in
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good faith negotiations for the acquisition of an easement across real property necessary for the
connection of electricity from transformer TN27 to Well #6;
WHEREAS, the appraisal of the easement value as per the City's appraiser was $3,500
and the value as per the appraiser chosen by Ellis Construction was $3,400;
WHEREAS, the City has offered the value of $3,500 to purchase the easement, which
thus far has been rejected by Ellis Construction; and
WHEREAS, the City Counsel has determined that it is in the best interest of the City of
Chubbuck to authorize the use of its power of eminent domain to acquire the easement across
said real property necessary for the connection of electricity from transformer TN27 to Well #6
and for which good faith negotiations for acquisition have not yet been successful;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
CHUBBUCK AS FOLLOWS:
1. Well 46 is a public project which is necessary for the effective and efficient growth of
the City, and which will enhance the life, health and safety of the citizens of Chubbuck;
2. The City be authorized to use its power of eminent domain to acquire those
parcels necessary to connect power to Well #6 for which good faith negotiations have failed
to result in a purchase agreement, the parcel across which the easement would extend is more
specifically described on the Exhibit A and depicted on the attached Exhibit B;
3. Approval of execution of all documents required for use of the power of eminent
domain is hereby granted;
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PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, THIS DAY OF JULY, 2018.
Kevm B. England
ATTEST:
Richard Morgan
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Underground Power Easement
Part of the NWI/4 of the NEI/4 Section 4 Township 6 South Range 34 East, B.M., Bannock County, Idaho
described as:
Commencing at the E 1/16th Corner of said Section 4 (the NE corner of said NW1/4 of the NE1/4)
monumented with an aluminum cap marked PLS 9369 from which the NE Corner of said Section 4 bears
589°46'10"E, 1322.34 feet the Basis of Bearing of this description, thence S00°41'41"E along the east
line of said NW1/4 of the NEI/4 Section 4, 399.27 feet; thence S89°55'36"W, 255.63 feet; thence
500°41'41"E, 255.62 feet to the Point of Beginning:
Thence S00*41'41"E, 15.00 feet;
Thence N89°50'44"W, 253.33 feet;
Thence S17'07'31"W, 27.59 feet;
Thence N53'13'13"W, 15.93 feet;
Thence N17°07'31"E, 33.34 feet;
Thence 589°50'44"E, 264 feet to the Point of Beginning.