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Home My WebLink AboutOrdinance 12- 1824 Agreement to Buy and Sell with Northwestern for lower yards property Doz. ORDINANCE NO. 1824 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT TO BUY AND SELL WITH NORTHWESTERN CORPORATION D/B/A NORTHWESTERN ENERGY FOR THE SALE AND CONVEYANCE OF A 0.05 ACRE PORTION OF THE CITY OF BOZEMAN LOWER YARDS PROPERTY AT 1812 NORTH ROUSE AVENUE AND INCLUDING SEVERAL CONTINGENCIES REGARDING THE SALE AND AN EFFECTIVE DATE. WHEREAS, the City of Bozeman owns property known as the Lower Yards located at 1812 North Rouse Avenue, with a legal description of. Tract 12 of the Northeast Annexation, NEl/4 Section 6, T2S, R6E, P.M.M. City of Bozeman, Gallatin County, Montana; and WHEREAS,Northwestern Energy is desirous of purchasing a 0.05 acre portion of the above described real property immediately adjacent and north of the existing gas gate station adjoining the above described real property; 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 2.06.870 of the Bozeman Municipal Code (BMC) grants the City Commission the jurisdiction and power to sell any real property,however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of 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... negotiated sale..., subject... to a minimum price established through an appraisal that certifies the value of such property..." and WHEREAS, Section 2.06.880 BMC also states, "Notice of sale... shall be published as provided in MCA 7-1-4127"; and ORDINANCE 1824 Page i of 4 WHEREAS, Section 2.06.890.B BMC states, "... a sale may not be made for less than 90% of the appraised value"; and WHEREAS, Section 2.06.900 BMC states, "... no sale of real property shall be made of any property unless it has been appraised within one year prior to the date of the sale"; and WHEREAS, on June 6, 2011, the Bozeman City Commission, by a vote of four to zero, determined that a 0.05 acre portion of the Lower Yards property located at 1812 North Rouse Avenue, immediately adjacent and north of the existing gas gate station owned by Northwestern Energy, along with an access easement, furthered the public interest and was no longer necessary to the conduct of city business; and WHEREAS,A draft Certificate of Survey has been prepared that once finalized and filed with the Gallatin Clerk and Recorder will create the 0.05 acre parcel, along with an access easement, for sale to Northwestern Energy; and WHEREAS, Keith O'Reilly, MAI, a General Certified Appraiser from Bridger Appraisal, Inc., on June 27, 2011, appraised the value of the 0.05 acre parcel and access easement to be $8,135.00; and WHEREAS, an Agreement to Buy and Sell has been negotiated between the Buyer and Seller and is attached to this Ordinance as Attachment 1; and WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance accepting said offer 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: Section 1 The Bozeman City Commission hereby accepts and authorizes the City Manager to sign the Agreement to Buy and Sell which is attached to this Ordinance as Attachment 1. By accepting this offer the Commission authorizes, subject to completion of the contingencies as stated in the attached Agreement to Buy and Sell, and those contingencies listed below, the conveyance of the fee title to the property to the purchaser: 1. The sale prices shall be eight thousand one hundred thirty five dollars and zero cents ($8,135.00). 2. The purchaser shall pay cash to the City at closing. 3. The City Manager shall not be authorized to sign the Agreement to Buy and Sell until 30 days after final adoption of this ordinance; as such, the Agreement to Buy and Sell shall not be binding on the City of Bozeman until executed by the City Manager at that time. ORDINANCE 1824 Page 2 of 4 4. The sale shall close no later than June 27, 2012, 5. The purchaser shall finalize the draft Certificate of Survey enclosed with this Ordinance as Exhibit A to Attachment 1, and at closing shall deliver four (4) mylar copies fit for filing with the Gallatin County Clerk& Recorder along with a digital copy. Proceeds of the sale shall be deposited in the Lower Yards Landscaping fund. Section 2 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 3 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 4 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 5 Codification Instruction. The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code; rather, this Ordinance shall be maintained by the City Clerk in an indexed file of all Ordinances not to be codified. Section G Effective Date. This ordinance shall be in full force and effect 30 days after final adoption. ORDINANCE 1824 Page 3 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 2"d day of April, 2012. A SEAN A. BECKER 0 .Bo Mayor AT ST U • City CI •l; �INRCO.�1� 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 16th day of April, 2012. The effective date of this ordinance is May 16th, 2012. AN A. BEC R Mayor ATTEST: Q Q �` STAC M .- City Clerk` *• ',� •. 1883 •;�� . APPROVED AS TO FORM: G G SULLIV N City Attoniey ORDINANCE 1824 Page 4 of 4 2415649 Cuha„rl�optt.+I�mFjls -0%e leatin co�mt -0�nTn Fie E17 p0 Exhibit �II�Hflfll1111 flail 114 In E DEEP QUIT CLAIM DEED FOR ADEQUATE CONSIDERATION, THE CITY OF BOZEMAN, a municipal corporation, as Transferor, does hereby convey, remise, release and forever quitclaim unto NORTHWESTERN CORPORATION D/b/a NorthWestem Energy,40 East Broadway,Butte,MT 59701,as Transferee,the following described real property to-wit: TOWNSHIP 2 SOUTH RANGE 6 EAST M.P.M. Section_A--: A tract of land being'Pavoi@ v A a Tract V depicted upon Certificate of Survey No. 2818 located in the NEl/4 Section 6,Township 2 South,Range 6 East,Principal Meridian Montana,City of Bozeman,Gallatin County,Montana(the 'Property's. TOGETHER WITH all the tenements,hereditaments,and appurtenances thereto belonging,and the reversion and reversions,remainder and remainders,rents,issues,and profits thereof;and possession,claim and demand whatsoever as well in law as in equity of the Transferor. TO HAVE AND TO HOLD,unto the said Transferees,their successors and assigns forever. Dated this l�o day of 12012. The City of Bozeman,a municipal corporation,by Chris A.Kukulski,City Manager STATE OF MONTANA ) :ss. County of Gallatin ) On this 1(.1 day of 2012,before me,a Notary Public in and for said State, personally appeared CHRIS A.KUKUVISKI,City Manager of The City of Bozeman,a municipal corporation,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that the City of Bozeman executed the same. ��I14llll�/� Print Name: ; � Nosy Public for the State of Montana. . 3 Residing at ,Montana. 210[ARIAL C My commission ices: 1-2-•j-—7a12 rt rna�a��\ ��1lliIIlil��