HomeMy WebLinkAboutOrdinance 13- 1859 disclaiming interest in in real property 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 2"d 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 5"' day of November, 2012, find that the
approximately 3750 square feet of property depicted as right-of-way on the Plat of Rouse's 2¢'d
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 comer 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 comer of Lot 36 of said Block E, the true point of beginning; thence southerly a
ORDINANCE NO. 1859
Pagel of
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:
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STAG' LM MC
City Cier`l 4
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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.
A N A. B CKER
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ATTEST:
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APPROVED AS TO FORM:
11t SULLIVAN
City ttorney
ORDINANCE NO. 1859
Page 3 of 3
Page Pa9p 1 of 2 09/1312013 0$ 33.47 PM Fep $14 00
Charlotte Mills - Gallatin County, MT misc
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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 BOZE MAN,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(1501),
thence westward one hundred ninety six feet(196'),
thence 11037th 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 DIESCRIBED 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:
I
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beginning at the southwest COMCT 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 comer 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 hq caused these presents to be executed by
the Mayor and to be attested by the City Clerk,this JZ'fbday of September,2013.
Sean A. Becker
ov Bo"", Mayor of the City of Bozeman,Montana
ATTEST.
Sta
C C I Ulej r kff'C M C
ACKNOWLEDGEMENTS
STATE OF MONTANA
ss.
County of Gallatin
SUBSCRIBED AND SWORN to before me this ja�day of Ixr. 2013 by
Sean A.Becker,as Mayor of the City of Bozeman,Montana,
QNC AIMEE BRUNCKHORST Not Public for the State of MAtana
NOTARY PUBLIC for the Printed Name:
State of Montana
Residing at Belgrade,Montana Residing in
My Commission Expires My Commission Expires:
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