HomeMy WebLinkAboutResolution 4438, establishing right-of-way in Block E of Rouse's 2nd addition
Staff Memorandum: Resolution 4438 Page 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commissioners
FROM: Greg Sullivan, City Attorney
SUBJECT: Adoption of Resolution 4438 Establishing a Public Right-of-Way in Block
E of Rouse’s 2nd Addition to the City of Bozeman, Reestablishing a Public
Right-of-Way in the southern portion of the Alley of Block E, and Authorizing the Aggregation of Lots 21 – 30 of Block E.
MEETING DATE: May 6, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 4438 BACKGROUND: This resolution is the next step in the process to address a dispute as to
ownership of a portion of the alley in Block E of Rouse’s 2nd Addition. The Commission has
participated in several discussions with owners of property adjacent to the alley regarding the
implications should the Commission disclaim interest in the portion of the alley as it runs from a line between the northern line of lot 35 and lot 6 to a line at the southern edge of lots 31 and lot 10.
On January 28, 2013 the Commission provisionally adopted Ordinance 1859 (see staff
memorandum here) disclaiming interest in the above described portion of the alley; however, at that time, the Commission required by motion that final adoption of the ordinance would be delayed until such time as the City, in conjunction with the Library Board of Trustees,
established a usable turn around on City owned property at Lots 21 – 30 of Block E that would
meet standards for fire access. Deputy Fire Chief Greg Megaard approves the location of the
turnaround. On April 23, 2013 the Library Board of Trustee approved the establishment of a right-of-way for
turnaround purposes by adopting the following motion:
“Having considered public comment, I move to authorize the establishment of a public right-of-way as shown on Exhibit A [to a memorandum dated April 19, 2013 prepared by City Attorney (see attached)] and authorize the Bozeman City Manager to take all
necessary steps to create said right of way including, if necessary, the recording of an
amended plat depicting the right-of-way and aggregating the ten parcels owned by the
City for Library purposes as shown on Exhibit A in Block E, Lots 21 -30 of Rouse’s 2nd Addition.”
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Staff Memorandum: Resolution 4438 Page 2 of 2
In addition, the Board clarified that the northern edge of said turnaround is to be located 100 feet
from the north property line of lot 30, Block E, Rouse’s 2nd Addition.
The Resolution proposed for adoption takes the following action:
1. Creates a public right-of-way for turnaround purposes on City owned land as shown on
Exhibit A to Resolution 4389;
2. Reestablishes the alley right-of-way in the southern portion of Block E as that right-of-way was established by the 1881 filing of the plat for Rouse’s 2nd Addition;
3. Clarifies the action taken by this resolution in no way effects the right-of-way in the
northern portion of the alley; and
4. Directs the City Manager to proceed with filing an amended plat that would show the
turnaround right-of-way on Lots 21 – 30 of Block E and show the existing alley right of way adjacent to the City owned property. The amended plat would also aggregate the
City owned parcels.
Should the Commission adopt this Resolution, upon filing of the amended plat, the City’s
Street’s Division will construct the turnaround. Upon completion of the turnaround the Commission’s will then be presented with final adoption Ordinance 1859 on consent. After final
adoption this issue will be completed.
FISCAL EFFECTS: The City will incur costs associated with filing an amended plat
aggregating the parcels. Chris Saunders, from the Department of Community Development, estimates the costs of filing an amended plat to be approximately $1,000 for the hiring of a
contracted licensed surveyor. Application fees will most likely be waived but if not will be
approximately $250. Recording fees will be an additional minimal cost.
In addition, the costs of constructing the turnaround will depend on several factors but may be require non-employee related costs of upwards of approximately $1,500. City Streets Division
staff will construct the turnaround. John Vandelinder, Streets Superintendant, indicates the
Streets Division will use gravel it has on hand. If excavation is necessary, costs may increase.
The City Manager in conjunction with the Library Director will determine the source of the funds for the amended plat and construction of the turnaround.
The above costs do not include staff time.
ALTERNATIVES: As suggested by the City Commission.
Attachments:
Resolution 4438
Memorandum dated 4/19/2013 from City Attorney to Library Board of Trustees
Report compiled on: April 25, 2013
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