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Home My WebLink About17- Ordinance 1969 Land Exchange for Realignment of Park Boundary (Kirk Park) in the West Park Manor Subdivision r. 4. N co,t► ORDINANCE NO. 1969 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCHANGE AGREEMENT FOR THE REALIGNMENT OF A PARK BOUNDARY IN THE WEST PARK MANOR SUBDIVISION WITH PRIVATELY OWNED TRACTS, PROVIDING CONTINGENCIES AND AN EFFECTIVE DATE. WHEREAS, the City of Bozeman owns real property indicated as "Park Area" on the recorded subdivision plat of WEST PARK MANOR, FIRST ADDITION, A TRACT OF LAND LYING IN THE EAST ONE HALF OF THE NORTHEAST ONE QUARTER OF SECTION ELEVEN, TOWNSHIP TWO SOUTH, RANGE FIVE EAST, MONTANA PRINCIPAL MERIDIAN, CITY OF BOZEMAN, MONTANA; and WHEREAS, the subject Park Area, known as "Kirk Park," is hereinafter below referred to as the "Property"; and 51 WHEREAS, the City is desirous of adjusting the boundary of the Property to accept an equal square footage of new park area for the park area exchanged in order to preserve an existing skate park feature in Kirk Park; and WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City"convey[s]... or authorize[s] the conveyance... of any lands of the city"; and WHEREAS, Section 2.06.850 of the Bozeman Municipal Code (BMC), grants the City Commission the jurisdiction and power to receive property by donation or exchange; and Page 1 of 6 Ordinance 1969, Exchange Agreement for Realignment of Kirk Park Boundary WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC), grants the City Commission the jurisdiction and power to exchange any real property, however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of city property; and WHEREAS, Section 2.06.880, BMC, states, "When the City Commission, after a public hearing,has determined by a two-thirds vote of all the members,that any real property owned by the city is not needed for public use, or that the public interest may be furthered,the City may sell such property by... exchange..." and WHEREAS, Section 2.06.880, BMC, also states, "Notice of ...exchange... shall be published as provided in MCA 7-1-4127"; and WHEREAS,as the exchange of the Property is with the property the City will receive and is immediately adjacent to the existing park, of equal utility, and no money will be exchanged; WHEREAS,the appraised value of the property owned by BLOCK 6, LLC is equal to or greater than the value of the City park property being exchanged; and WHEREAS,BLOCK 6,LLC has executed an agreement for the exchange of the Property subject to City Commission ratification of the City Manager's signature; and WHEREAS, the agreement to exchange the Property is attached to this Ordinance as Attachment A; and WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance by no less than a two-thirds vote of its total membership, notice of provisional adoption of this ordinance shall be published in compliance with Sect. 7-1-4127, MCA,prior to final adoption. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Page 2 of 6 Ordinance 1969, Exchange Agreement for Realignment of Kirk Park Boundary Section 1 The Bozeman City Commission finds that: 1. The exchange of the Property as shown on Exhibit A to the Exchange Agreement will have no adverse effect on the public's use of Kirk Park and will further the public interest because the exchange of the Property and related relocation of common boundaries will aid in the continued provision of support services to City residents. 2. The land exchanged is of identical size, immediately adjacent to the existing park, and of comparable value and utility for all public uses. 3. The exchange provides an equally functional space on the land to be deeded to BLOCK 6, LLC and is not needed for City purposes. 4. The land exchange is not in conflict with the program of comprehensive planning for the area. Section 2 The Bozeman City Commission hereby authorizes the City Manager to sign the attached Exchange Agreement. In doing so, the Commission authorizes, subject to fulfillment of the contingencies as stated in the attached Exchange Agreement and those contingencies listed below, the conveyance of the Property to BLOCK 6, LLC: 1. The exchange must be of the same amount of land area to both parties. 2. The exchange shall be enacted by the approval of an amended plat by the Director of Community Development in substantially the same form as attached to the Exchange Agreement and the recording of the amended plat. 3. The City shall pay the Subdivision Exemption filing fee and all closing costs and recording fees. 4. The City Manager may not sign the Exchange Agreement until 30 days after final adoption of this ordinance; as such, the Exchange Agreement shall not be binding on the City until such time and until completion of all included contingencies. Page 3 of 6 Ordinance 1969, Exchange Agreement for Realignment of Kirk Park Boundary 5. The exchange shall close as stated in the agreement. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code; Page 4 of 6 Ordinance 1969,Exchange Agreement for Realignment of Kirk Park Boundary rather, this Ordinance shall be maintained by the City Clerk in an indexed file of all Ordinances not to be codified. Section 7 Effective Date. This ordinance shall be in full force and effect 30 days after final adoption. Page 5 of 6 Ordinance 1969, Exchange Agreement for Realignment of Kirk Park Boundary PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 22na day of May, 2017. CARSON TAYLOR Mayor ATTEST: - OF■ B 0� , ROBIN CROUGII_% 1883 •�`� City Clerk f TI ■ , • ��r � co. \10 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 5ch day of June, 2017. The effective date of this ordinance is July 51h, 2017. CARSON TAYLOR Mayor ATTEST: , BOZ i. ROBIN CROUGH s • City Clerk •• $$3 •• ��. LLB TIN Co S1C$ APP VED AS TO FORM: GRE LLIVAN City Attorney Page 6 of 6