HomeMy WebLinkAboutQuitclaim Deed to Ducell, Hager and Larsen for property vacated by Ordinance 179.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
SUBJECT: Authorize City Manager to Execute Quitclaim Deed to Ducell, Hager and
Larsen for property vacated by Ordinance 179 (adopted January, 1899).
MEETING DATE: March 21, 2011
AGENDA ITEM TYPE: Consent.
RECOMMENDATION: Authorize City Manager to execute a quitclaim deed, realty transfer
certificate, and water rights transfer notice for streets vacated by Ordinance 179.
BACKGROUND: In January of 1899 the Bozeman City Commission adopted Ordinance 179 vacating and discontinuing certain parts of Cottonwood, Front, and Plum streets in the Northern
Pacific Addition in the city’s northeast neighborhood. The current occupants of this property
request the City grant them a quitclaim deed to assist in resolving title issues with the property.
As explained below, it is clear the intent of the vacation process in 1899 was to transfer ownership to the predecessors in interest of the current owners. This process merely cleans up a process started over 100 years ago but not completed.
The purpose of Ordinance 179 appears to have been to allow for a different location for the
layout of these streets in order to coincide with development that occurred within the platted streets. The landowners who submitted the original petition for street vacation offered to grant the city other real property to be used for street purposes in exchange for the street vacation. As
such, Ordinance 179 “vacated and discontinued” portions of Front Streets, Cottonwood Street,
and Plum Streets in “consideration of Ellis Brandley & /Co. deeding to the City, for street
purposes, Lots 9 and 10 of Block 100 of the Northern Pacific Addition… and from John Mitchell deeding to the City for street purposes Lot 13 of Block 101 of said Northern Pacific Addition…”
The document involved in this process indicate the street vacation was done to effectuate an
exchange of real property wherein the city would vacate the streets and the fee ownership would transfer to those transferring property to the city to be used for street purposes. At the time of adoption of the ordinance, the city received quitclaim deeds from Ellis Brandley & Co. and from
John Mitchell for the parcels identified in the ordinance. These deeds to the city were recorded.
In addition, the minutes from the January 19, 1899 meeting indicate the quitclaims given to the
city were “in lieu of the land just ordered vacated.” As such, it appears the clear intent of the January 1899 street vacation was to transfer ownership of the vacated portions of these streets to Ellis Brandley & Co. and/or John Mitchell. Unfortunately, no records exist as to whether the city
ever executed quitclaim deeds to Ellis Brandley & Co. or to Mr. Mitchell.
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The effect of a quitclaim deed will be to only transfer whatever legal interest the city may have
in the land described in the quitclaim. In doing so the City makes no warranties as to title.
Issuance of a quitclaim requires adequate consideration be given to the city. It is evident the city received adequate consideration when in 1899 it received quitclaim deeds to the lots described
above.
You may notice the legal description in the quitclaim differs from the legal description included
in Ordinance 179. The legal description in the quitclaim is done to use the legal description under which this property has been transferred since 1929 and covers the area of land included in
the Ordinance 179.
Finally, it is important to note the City Charter requires adoption of an ordinance when the city
“convey[s]… any lands of the city.” Bozeman City Charter, Art. II, Sect. 2.11(5). The intent of the Charter provision is to ensure adequate public participation in decisions affecting the city’s
ownership of real property. Because it is clear the intent of Ordinance 179 was to transfer
ownership to the vacated portions of the streets described in Ordinance 179 to the predecessors
in interest of the current property owners it is my opinion an ordinance is not necessary in this
circumstance to authorize the issuance of a quit claim.
UNRESOLVED ISSUES: The persons requesting the quitclaim also assert ownership of a 25
foot by 35 foot parcel at the intersection of E. Cottonwood and Mitchell Ave. There is no record
of this portion of the street being vacated by the city. As such, the party purporting to own that
portion of the street must file a petition for street vacation with the Commission and a hearing must be conducted prior to the city granting a quitclaim to this property. At that time, additional
research will be needed on this issue as to the ownership of that parcel. This issue does not
affect the current request.
If you have any questions regarding this item please contact.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None
Attachments:
Ordinance 179
Map Showing location of involved land
Quitclaim Deed Realty Transfer Certificate Certification of Water Rights Update
Report compiled on March 10, 2011.
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202 203 CITY ORDINANCES.
SEC. 2 It is hereby declared to be a necessity that the
said City of Bozeman shall secure such water supply for the
said municipality and its inhabitants and when secured the
said municipality shall own and control such water supply
and shall devote the net yearly revenues derived therefrom
to the payment of the said bonded indebtedness authorized
by said ordinance No. 170.
SEC. 3. That this ordinance shall take effect upon its
passage, approval and publication.
Passed, adopted and approved this 27th day of Decem
ber, A. D. 1898.
J. V. BOGERT, Mayor.
GEO. D. PEASE, City Clerk.
Ordinance No. 179.
_AN ORDINANCE VACATING PARTS OF COTTONWOOD, PLUM
AND FRONT STREETS.
Belt Ordained by the City Council of the City of Bozeman:
SECTION 1. That in consideration of Ellis, Brandley &
Co. deeding to the City for street purposes Lots 9 and 10 in
Block 100 of the Northern Pacific Addition to the City of
Bozeman, and John Mitchell deeding to the City of Boze
man, for street purposes Lot 13 of Block 101 of the said
Northern Pacific Addition to the City of Bozeman, and it
BOZEMAN, MONTANA.
appearing that it is for the best interests of the City and not
detrimental to the public interests, the following parts of
streets are hereby vacated and discontinued:
All that part of Front Street lying between a line drawn
at right angles across said street from the Northeast corner
of Block 100 of the Northern Pacific Addition to the City of
Bozeman, and a line drawn at right angles across said street
from a point where the south line of the east and west alley
running through Block 101 of the Northern Pacific Addition
to said City intersects said Front Street. All that part of
Cottonwood Street and Plum Street lying and being within
and between a line extending at right angles across said
Cottonwood Street from a point where the east line of Lot 12
in Block 101 of said Northern Pacific Addition intersects said
street, and a line drawn from the northeast corner of Block
100 of the Northern Pacific Addition to and at right angles
with and across said Front Street.
Stc.2. That this ordinanre go into force and effectupon
its passage.
Passed, adopted and approved this 19th day of Janu
ary, A. D. 1899.
J. V. BOGERT, Mayor.
GEO. D. PEASE, City Clerk.
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