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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." Page 1 of') 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. Page 2 of 3 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. L j &-z' EAN A. BECKER Mayor ATTEST: 2m MIL&L2 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 ATTES �!� V ST CY 7N,CMC City " le k APPROVED AS TO FORM: GRVG SULLIVAN City Attorney Page 3 of 3