Loading...
HomeMy WebLinkAboutProvisional adoption Ordinance 1888, Sale Agreement with MDT for College Street project Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Rick Hixson, City Engineer SUBJECT: Ordinance 1888, Bargain and Sale Deed, City of Bozeman to Montana Department of Transportation (College Street, 19th to Main Project) MEETING DATE: April 21, 2014 AGENDA ITEM TYPE: Action 2UGLQDQFH5HYLVHG$SULO RECOMMENDATION: Having conducted a public hearing, considered written and spoken public testimony, and based on the findings contained in this and other related staff memoranda, the content of Ordinance 1888 and findings articulated by the Commission during discussion, I hereby move to provisionally adopt Ordinance 1888 ratifying the City Manager’s signature on the Agreement to Sell and Purchase Real Estate, Tract A-1-B of Certificate of Survey 1243 B, with the Montana Department of Transportation. BACKGROUND: The Montana Department of Transportation (MDT) needs to acquire additional right-of-way from the City of Bozeman for the re-construction of College Street from S. 19th Avenue to West Main Street. The parcel is identified as Parcel 3 on the right-of-way plans and consists of Tract A-1-B of Certificate of Survey 1243B and a portion of Open Space 10 of the Bozeman Gateway Subdivision. MDT is offering $199,550.00 as compensation for the right-of-way deed, a 675 square foot drainage easement, and damages to existing improvements. An appraisal was done to determine the cost of the land (attached). Upon receiving the signed documents, MDT will release the funds to the City of Bozeman. UNRESOLVED ISSUES: None identified. ALTERNATIVES: As suggested by the City Commission. 145 FISCAL EFFECTS: MDT will remit $199,550.00 to the City of Bozeman for granting this right-of-way. Staff recommends that these funds be reserved in an account for future right- of-way acquisitions as needed. Attachments: Bargain and Sale Deed with Easement Right-of-way Agreement Realty Transfer Certificate Appraisal Report compiled on January 21, 2014 146 ORDINANCE 1888 Page 1 of 4 ORDINANCE NO. 1888 ORDINANCE REVISED ON APRIL 21, 2014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MONTANA DEPARTMENT OF TRANSPORTATION FOR THE SALE AND CONVEYANCE OF A 1.57 ACRE PORTION OF WEST COLLEGE STREET. WHEREAS, the City of Bozeman owns property near the western terminus of West College Avenue with a legal description of: A tract of land in Open Space 10 of the Final Plat of The Bozeman Gateway Subdivision, P.U.D., Phase 3, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana; and also within Tract A-1-B of Certificate of Survey No. 1243B, situated in the NE¼NW¼ of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, containing an area of 63,535 sq. ft. , more or less, including 26,992 sq. ft., which constitute a part of an existing public highway; WHEREAS, The Montana Department of Transportation is desirous of purchasing the 1.57 acre tract of land described above; and WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City conveys or authorizes the conveyance of any lands of the city; and WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC) grants the City Commission the jurisdiction and power to sell any real property, however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of property; and WHEREAS, Section 2.06.880 BMC states, “When the City Commission, after a public hearing, has determined by a two-thirds vote of all the members, that any real property owned by the city is not needed for public use, or that the public interest may be furthered, the City may sell such property by… negotiated sale…, subject… to a minimum price established through an appraisal that certifies the value of such property…” and ORDINANCE 1888 Page 2 of 4 WHEREAS, Section 2.06.880 BMC also provides that notice of sale shall be published as provided in MCA 7-1-4127; and WHEREAS, Section 2.06.890.B BMC provides that a sale may not be made for less than 90% of the appraised value; and WHEREAS, Section 2.06.900 BMC provides that no sale of real property shall be made of any property unless it has been appraised within one year prior to the date of the sale; and WHEREAS, Jennifer Gilman, a qualified appraiser with the Montana Department of Transportation, on December 3, 2013, appraised the value of the parcel and access easement to be $199,550.00; and WHEREAS, a Right-of-Way Agreement to Buy and Sell has been negotiated between the Montana Department of Transportation and the City of Bozeman, and is attached to this Ordinance as Attachment 1; and WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance accepting said offer by no less than a two-thirds vote of its total membership, notice of provisional adoption of this ordinance shall be published in compliance with Sect. 7-1-4127, MCA, prior to final adoption. 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 Right-of-Way Agreement to Buy and Sell which is attached to this Ordinance as Attachment 1. By accepting this offer the Commission authorizes, subject to completion of the contingencies as stated in the attached Agreement, and those contingencies listed below, the conveyance of the fee title to the property to the purchaser: 1. The sale prices shall be eight thousand one hundred thirty five dollars and zero cents One-hundred ninety-nine Thousand, Five-hundred and Fifty dollars. ($199,550.00). 2. The City Manager shall not be authorized to sign the Right-of-Way Agreement to Buy and Sell until 30 days after final adoption of this ordinance; as such, the Agreement to Buy and Sell shall not be binding on the City of Bozeman until executed by the City Manager at that time. 3. The purchaser shall finalize the draft Certificate of Survey enclosed with this Ordinance as Exhibit A to Attachment 1, and at closing shall deliver four (4) mylar copies fit for filing with the Gallatin County Clerk & Recorder along with a digital copy. ORDINANCE 1888 Page 3 of 4 Proceeds of the sale shall be deposited in reserved in an account for future right-of-way acquisitions as needed fund. Section 2 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 3 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 4 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. Section 5 Effective Date. This ordinance shall be in full 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________________. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk ORDINANCE 1888 Page 4 of 4 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______________. The effective date of this ordinance is___________________. __________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173