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HomeMy WebLinkAbout2021-05 Eminent DomainRESOLUTION NO. 2021- D 19- A A RESOLUTION OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, AUTHORIZING THE USE OF THE CITY'S POWER OF EMINENT DOMAIN TO ACQUIRE PRIVATELY OWNED REAL PROPERTY NECESSARY TO THE DEVELOPMENT, CONSTRUCTION AND WIDENING OF A PUBLIC RIGHT-OF-WAY COMMONLY IDENTIFIED AS THE NEW DAY PARKWAY, WHICH PROPERTY IS MORE PARTICULARLY KNOWN AS TAX PARCEL NUMBERS RCCPCO24407, RCCPCO24410, RCCPCO24411, AND RCCPCO24412, AS MAY BE NECESSARY, IN THE EVENT NEGOTIATIONS FOR THE PURCHASE OF SAID REAL PROPERTY ARE UNSUCCESSFUL. A. The City of Chubbuck, has committed to development, construction and widening of a public right-of-way commonly referred to as the Siphon Road Extension Phase 3 and specifically now named New Day Parkway with the area to be widened east of Yellowstone Highway and west of Hiline Road; and B. New Day Parkway is a public project necessary for the effective and efficient growth of the City of Chubbuck; and C. The widening of New Day Parkway will enhance the health, safety, and welfare of the citizens of Chubbuck by improving traffic flow patterns. D. City staff, together with its representatives and assigns, has engaged in good faith negotiations for the acquisition of real property necessary to widen New Day Parkway. E. The City Council 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 those parcels of real property which are necessary for widening New Day Parkway and for which good faith negotiations for acquisition have not been successful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CHUBBUCK AS FOLLOWS: 1. The widening of New Day Parkway 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 is authorized to use its power of eminent domain to acquire those parcels necessary for which good faith negotiations have failed to result in a purchase agreement, which parcels are more specifically identified as Bannock County Tax Resolution - page 1 chubbuck05122021 resolution.wpd Parcel Numbers RCCPCO24407, RCCPCO24410, RCCPCO24411, AND RCCPCO24412. The Council approves the execution and filing of all documents required for use of the power of eminent domain is hereby granted and any documents executed prior to this Resolution are hereby ratified. RESOLVED this �� (� day of May, 2021. CITY OF CHUBBUCK, a municipal corporation of Idaho By: A Kevin B. England, Mayo ATTEST: By: Z,IWBowers, City Clerk Resolution - page 2 chubbuek05122021 resolution.wpd