HomeMy WebLinkAboutOrdinance 12- 1820 application for a certificate of survey to relocate boundary line between library and Harrington Parcel s�t,�,N•�-ro?�ti
ORDINANCE NO. 1820
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
FOR APPROVAL OF A CERTIFICATE OF SURVEY TO RELOCATE THE COMMON
BOUNDARY LINE BETWEEN THE BOZEMAN PUBLIC LIBRARY AND THE
ADJACENT HARRINGTON PARCEL.
WHEREAS, the City of Bozeman has identified an encroachment of a building onto the
real property acquired for and occupied by the Bozeman Public Library; and
WHEREAS, Section 76-3-207, MCA, allows for divisions of land for the purpose of
relocating common boundary lines between adjoining properties; and
WHEREAS, the City Commission desires to move the boundary between these
respective properties to remove the encroachment by the building; and
WHEREAS, the City Commission did, on the 191" day of September, 2011, find that the
approximately 700 square feet of property adjacent to the Harrington parcel at which the building
encroaches is not needed for public use; and
WHEREAS, the relocation of this common boundary line benefits the public interest
because the encroachment afflicts the title to the land acquired for and occupied by the Bozeman
Public Library; and
WHEREAS, the relocation of this common boundary line will provide additional benefit
to the public interest because the encroachment also afflicts the title to the land adjacent to the
Bozeman Public Library, and removal of the encroachment will increase the marketability and
development potential of said land; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires the Commission to
adopt an ordinance when the Commission "convey(s), lease(es)or authorize(s)the conveyance or
lease of any lands of the city."
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section I
The City Commission hereby authorizes the City Manager to submit an application for approval
of a Certificate of Survey to relocate the common boundary line between the Bozeman Public
Library, and the adjacent Harrington parcel. The proposed Certificate of Survey is incorporated
herein by reference and made a part of this Ordinance. The City Commission further authorizes
the City Manager to execute a deed conveying title of that portion of the land affected by the
relocation of the boundary line, subject to approval of the boundary line adjustment application
and further predicated on the recording of a revised Declaration of Restrictive Covenants on the
Harrington parcel that includes all of the land transferred in addition to the remainder of the
property owned by Harrington's Inc. that is included within the CIVIC Asbestos Bozeman
Facility.
Final execution of the Certificate of Survey and deed are dependent upon final adoption of this
Ordinance 1820, and the recording of the Declaration of Restrictive Covenants, and as such the
City Manager cannot execute the Certificate of Survey and deed until 30 days after second
reading of this Ordinance and the Recording of the Declaration of Restrictive Covenants.
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.
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Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled "Conveyances and Leases of City Land."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 22nd day of October, 2012.
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EAN A. BECKER
Mayor
ATTEST:
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STACY M , MC
City Clerk
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 51h day of
November, 2012. The effective date of this ordinance is December 5, 2012.
SEAN A. BECKER
Mayor
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ST CY 7N,CMC
City " le k
APPROVED AS TO FORM:
GRVG SULLIVAN
City Attorney
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