HomeMy WebLinkAboutOrdinance 13- 1860 Easement granting NorthWestern Energy access ORDINANCE NO. 1860
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO SIGN A PRIVATE ACCESS
EASEMENT GRANTING NORTHWESTERN ENERGY LEGAL ACCESS ACROSS A
CERTAIN PORTION OF THE CITY OF BOZEMAN LOWER YARDS PROPERTY,
TRACT 2 OF C.O.S. 2818, TO THE SOUTH ENT) OF THE EXISTING
NORTHWESTERN ENERGY GAS +GATE, STA'T'ION FACILITY, TRACT I OF C.O.S.
2818.
WHEREAS, the City of Bozeman owns real property known as the Lower Yards located
at 1812 North Rouse Avenue, with a legal description of Tract 2 of C.0,S. 2818,NEI/4 Section 6,
T2S, R6E, P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS,NorthW estern Corporation, dba NorthWestern Energy owns real property
containing a natural gas gate station facility at 2008 North Rouse Avenue with a legal description
of Tract 1 of C.0.S. 2818,NEl/ 'Section 6, T2S, R6E, P.M.M., City of Bozeman, Gallatin
County, Montana; and
WHEREAS,Northwestern Energy desires to obtain a private access easement over,
through, and across that certain access driveway as it currently exists on the above described City
of Bozeman real property connecting North Rouse Avenue to the south end of the above
described NorthWestem Energy real property; and
WHEREAS, a private access easement reflects the City of Bozeman's intent to allow use
of the access driveway by NorthWestern Energy while assuming certain responsibilities; and
ORDINANCE 1860
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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".
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
private access easement which is attached to this Ordinance as 'Attachment 1'. By accepting this
offer the Commission authorizes the conveyance of the attached private access easement to
NorthWestern Energy.
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this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances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.
ORDINANCE 1860
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Section 6
Effective Date.
This ordinance shall be in hull force and effect 30 days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 25th day of February, 2013.
SEAN A. BECKER
` h
Mayor
A7
a
StNty fJ ` E` CIVTC
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 l 8th day of March,
2013. The effective date of this ordinance is the 17th day of April, 2013.
SEAN A. BECKER
Mayor
ATT E "I':
S AC Y EN;CM C
C1 y Cl -k
APP f AS 1'0 FORM:
G *G SULLIVAN
City Atton)ey
ORDINANCE 1860
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