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HomeMy WebLinkAboutOrdinance 1859, Disclaiming interest in property at 323 South Wallace Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT: Ordinance No. 1859 authorizing the City Manager to execute a document disclaiming all interest in and to real property described as a twenty-five foot by 150 foot strip of land on the westerly portion of property described as 323 South Wallace Avenue, Bozeman, Montana. MEETING DATE: January 28, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: Review proposed Ordinance No. 1859 (attached), and open meeting to take public comment. A favorable motion may read, “I move to provisionally adopt Ordinance No. 1859 and direct staff to return the ordinance to the Commission on the appropriate consent agenda for second reading and approval.” BACKGROUND: On November 5, 2012, the City Commission considered the request from residents Jeffrey and Katherine Ball, 323 South Wallace, for the City to formally disclaim its interest in a strip of land on the westerly portion of their property that is depicted as an alley right-of-way on the Plat of Rouse’s 2nd Addition to the Town of Bozeman. The Commission directed staff to bring forward an ordinance authorizing the City Manager to execute a document disclaiming all interest in and to the real property. The Balls have agreed to provide proper notice to all persons whose property abuts upon the alley affected by the proposed action, of the time and place to appear and object if they wish to do so. UNRESOLVED ISSUES: The City has made improvements to the property depicted as the alley beginning near the boundary of 323 South Wallace extending south to its terminus at the Peet’s Hill parking area. The physical access exists for adjacent property owners; however, it does not meet all standards for fire access. The Library Board has gone on record as being willing to consider a turnaround at a future time when requested. ALTERNATIVES: As recommended by the Commission. 144 FISCAL EFFECTS: Public service personnel do not currently provide solid waste services, and there are no water or sewer lines located, in the depicted alley way. Report compiled on: January 17, 2013 Attachments: Ordinance 1859 Property location Map 145 ORDINANCE NO. 1859 Page 1 of 3 ORDINANCE NO. 1859 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO EXECUTE A DOCUMENT DISCLAIMING ALL INTEREST IN AND TO REAL PROPERTY DESCRIBED AS A TWENTY-FIVE FOOT BY 150 FOOT STRIP OF LAND ON THE WESTERLY PORTION OF PROPERTY DESCRIBED AS 323 SOUTH WALLACE AVENUE, BOZEMAN, MONTANA. WHEREAS, the City of Bozeman has identified a defect in its title to a right-of-way depicted on the Plat of Rouse’s 2nd Addition to the Town of Bozeman; and WHEREAS, the City Commission desires to resolve outstanding disputes concerning the City’s interest in the right-of-way; and WHEREAS, the City Commission did, on the 5th day of November, 2012, find that the approximately 3750 square feet of property depicted as right-of-way on the Plat of Rouse’s 2nd Addition to the Town of Bozeman is not needed for public use; 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." NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The City Commission hereby authorizes the City Manager to execute a document disclaiming all interest in and to the following-described real property: Beginning at the northeast corner of Block E, Rouses’ Second Addition to the City of Bozeman, Gallatin County, Montana; thence westerly along the north line of said Block E 165 feet to the east line of the alley in said Block E; thence southerly along said east alley line 150 feet to the southwest corner of Lot 36 of said Block E, the true point of beginning; thence southerly a 146 ORDINANCE NO. 1859 Page 2 of 3 distance of 150 feet to the northwest corner of Lot 30 of said Block E; thence westerly a distance of 25 feet to the northeast corner of Lot 11 of said Block E; thence northerly a distance of 150 feet to the southeast corner of Lot 5 of said Block E; thence easterly a distance of 25 feet to the southwest corner of Lot 36 of said Block E, the true point of beginning. Final execution of the Disclaimer is dependent upon final adoption of this Ordinance 1859, and as such the City Manager cannot execute the proposed Instrument of Disclaimer until 30 days after second reading of this Ordinance. 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. 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. 147 ORDINANCE NO. 1859 Page 3 of 3 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28th day of January, 2013. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC 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 ___ of February, 2013. The effective date of this ordinance is __________, __, 2013. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 148 S CHURCH AVE E OLIVE ST S WALLACE AVE E CURTISS ST BUTTONWOOD AVE 200 0 200100 Feet ¯1 inch = 150 feet Legend Parcels 323 S. Wallace Ave. 149