HomeMy WebLinkAboutOrdinance No. 1820_Memo_1.pdf1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Director of Economic Development
And Community Relations
SUBJECT: Ordinance 1820 Authorizing the City Manager to Submit an Application for Approval of a Certificate of Survey to Relocate the Common Boundary Line between City-owned property at the Bozeman Public
Library and the Adjacent Harrington’s Parcel.
MEETING DATE: October 22, 2012
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: 1) Review proposed Ordinance 1820 (Attachment 1) and previously submitted public hearing material from September 19, 2011 related to a shared
property boundary between City-owned property at the Bozeman Public Library and the adjacent
Harrington’s Parcel; 2) Open the public hearing on Ordinance 1820; 3) Hear the staff
presentation, ask questions of staff and take public comment; 4) If necessary, propose changes to the ordinance language; 5) Direct staff to return the Ordinance, amended as directed, to the Commission on the appropriate Consent agenda for second reading approval. The effective date
of the ordinance is 30 days after the date of the second reading.
BACKGROUND:
On September 19, 2011, the City Commission took two actions related to encroachment of the Harrington’s building on City property. In two separate actions the Commission determined
that:
1) The 700 square feet of city-owned property identified in the exhibits, was not needed for
public use and that an appropriate associated maintenance agreement on City property for building maintenance be executed.
AND
2) Having found that 700 square feet of city-owned property identified in the exhibits, was
not needed for public use, they directed staff to initiate the steps necessary to transfer 700
square feet of property to Harrington’s Inc. and to execute an appropriate maintenance
agreement on City property for building maintenance.
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The minutes from the September 19th City Commission meeting are submitted herein as
Attachment 2. The packet material for the September 19, 2011 City Commission meeting can
be found by clicking on this link.
Amended Covenants
The Commission approved the proposed boundary line adjustment predicated on the recording of
a revised Declaration of Restrictive Covenants on the Harrington’s parcel that includes all of the
land transferred in addition to the remainder of the property owned by Harrington’s Inc. included
within the CMC Asbestos Bozeman Facility. (Attachment 3)
Maintenance Agreement
At the September 19, 2011 public hearing, the Commission requested a maintenance agreement be executed between the property owner and the City of Bozeman in order to allow the
appropriate access to the east side of the Harrington’s building for general maintenance and
upkeep. (Attachment 4)
UNRESOLVED ISSUES: None have been identified at this time.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None have been identified at this time.
Attachments:
1) Ordinance 1820
2) Minutes from the September 19, 2011 City Commission meeting; 3) Amendment to Restrictive Covenant; 4) Executed maintenance access easement between the owners of the Harrington’s property
and the City of Bozeman;
5) Exhibit to Certificate of Survey 460 depicting the proposed boundary line adjustment
area; and 6) Aerial photograph of the Harrington’s Inc. Property and City Property depicting the encroachment on the east side of the Harrington’s building.
Report compiled on: October 11, 2012
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