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HomeMy WebLinkAboutFinally Adopt Ordinance 1859, disclaiming interest at 323 South Wallace, optimizedMemo re: Final Adoption Ordinance No. 1859 Page 1 of 2 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney SUBJECT: Final Adoption of 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: August 12, 2013 AGENDA ITEM TYPE: Consent. RECOMMENDATION: Finally adopt Ordinance No. 1859 (attached). 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. On January 28, 2013, the City Commission on a 3-1 vote provisionally adopted Ordinance 1859 pursuant to the following motion (see staff memorandum from the 1/28 provisional adoption here): “It was moved by Cr. Mehl, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1859, authorizing the City Manager to execute a document disclaiming all interest in and to real property described as a twenty-rive foot by one hundred-fifty foot strip of land on the westerly portion of property located at 323 South Wallace Avenue, and that the second reading of this Ordinance be delayed until there is a usable turn-round on the south alley that would meet standards for fire access.” (Emphasis added). The turnaround was constructed earlier this month. On July 25th, Fire Chief Jason Shrauger informed me the turnaround meets Bozeman Fire Department standards. As such, both conditions contained within the Commission motion have been met. 20 Memo re: Final Adoption Ordinance No. 1859 Page 2 of 2 UNRESOLVED ISSUES: Community Development and Engineering staff are working with a consulting surveyor to complete the amended plat aggregating the parcels on the Library property. This process is independent of adoption of this Ordinance. Once this Ordinance is effective, it will be recorded. No other steps will be required. ALTERNATIVES: As recommended by the Commission. FISCAL EFFECTS: The City’s Streets Division installed the turnaround earlier in July. No material was required to be purchased specifically for the construction. Staff time included approximately 24 hours total. There will be ongoing maintenance of the alley to include grading, adding gravel, and snow removal of the turnaround on a periodic basis. Report compiled on: July 26, 2013 Attachments: Ordinance 1859 with disclaimer 21 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 Attachment A 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 22 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. 23 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 12th of August, 2013. The effective date of this ordinance is September 11, 2013. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 24 1 AFTER RECORDING PLEASE RETURN TO: Jeffrey Ball 323 South Wallace Avenue Bozeman, Montana 59715 City of Bozeman Attn: City Clerk PO Box 1230 Bozeman, MT 59771-1230 DISCLAIMER OF INTEREST FROM THE CITY OF BOZEMAN, MONTANA THE CITY OF BOZEMAN, Montana, acting through the Bozeman City Commissioners, whose address is 26 East Mendenhall, Bozeman, Montana, 59715, having duly adopted Ordinance 1859 does hereby disclaim any and all interest in and to the portion of a right-of-way as depicted on Plat __, being the Plat of Rouse’s Second Addition to the City of Bozeman, over and across the following described real property, located in the City of Bozeman, County of Gallatin, State of Montana: A parcel of land, 150’ x 196’, located in the City of Bozeman, Gallatin County, Montana, described as follows: Commencing at a point on the west side of Wallace Street , nine hundred thirty feet (930’ ) south of the southeast corner of Block B of Rouse’s Addition to the City of Bozeman, thence southward along the west line of South Wallace Street one hundred fifty feet (150’), thence westward one hundred ninety six feet (196’), thence north one hundred fifty feet (150’), thence eastward one hundred ninety six feet (196’) to the point of beginning. (Deed reference: Book 19 of Deeds, Page 222, recorded September 9, 1891 in the Clerk and Recorder’s office, Gallatin County, Montana), WHICH HAS ALSO BEEN DESCRIBED AS FOLLOWS: Lots 31-35, inclusive, in Block “E” of Rouse’s Second Addition to the City of Bozeman, AND ALSO a strip of land one hundred fifty feet (150’) long and thirty one feet (31’) wide described as follows: 25 2 beginning at the southwest corner of Lot 31 in Block “E” of Rouse’s Second Addition, thence west on an extension of the south lot line of said Lot 31 a distance of thirty one feet (31’), thence north and parallel to the west lot lines of Lots 31-35 a distance of one hundred fifty feet (150’) , thence east on an extension of the north lot line of Lot 35 a distance of thirty one feet (31’) to the northwest corner of Lot 35, thence south along the west lot lines of Lots 35-31, a distance of one hundred fifty feet (150’) to the point of beginning. (Deed reference : Book 147 of Deeds, page 453, records of Gallatin County, Montana.) IN TESTIMONY WHEREOF, the City of Bozeman has caused these presents to be executed by the Mayor and to be attested by the City Clerk, this ____ day of September, 2013. ______________________________ Sean A. Becker Mayor of the City of Bozeman, Montana ATTEST: ____________________________ Stacy Ulmen, CMC City Clerk. ACKNOWLEDGEMENTS STATE OF MONTANA ) : ss. County of Gallatin ) SUBSCRIBED AND SWORN to before me this ____ day of _______________, 2013 by Sean A. Becker, as Mayor of the City of Bozeman, Montana. __________________________________________ Notary Public for the State of Montana Printed Name: _____________________________ (SEAL) Residing in________________________________ My Commission Expires:_____________________ 26