HomeMy WebLinkAboutOrdinance 14- 1888 Agreement with Montana Department of Transporation for West College Street Bozo
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ORDINANCE NO. 1888
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 NE'/NW1/4 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
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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 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 2 of 4
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 21 st day of April, 2014.
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ORDINANCE 1888
Page 3 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 5th day of May,
2014. The effective date of this ordinance is June 4, 2014.
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APPROVED AS TO FORM:
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ORDINANCE 1888
Page 4 of 4
STATE OF MONTANA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as State,Department,Grantee,and/or MDT)
RIGHT-OF-WAY AGREEMENT
ROWIFORMS�AC01200 (Revised 3-26-2010) PE PROJECT ID:
COLLEGE-MAIN TO S 19TH-BOZEMAN R/W PROJECT ID: STPU 1210(4)
DESIGNATION
GALLATIN UNIFORM PROJECT No.: 7426-004-000
COUNTY
Parcel From Station To Station Subdivision Section Township Range
3 13+39RT 13+52RT Open Space 10, 14 2S 5E
Bozeman Gateway
Sub P.U.D.3
Tractc A-1-B of
COS 1243B
List Names&Addresses of the Grantors
(Contract Purchaser,Contract Seiler,Lessee,etc.)
City of Bozeman
PO Box 1230
Bozeman,MT 59771
582-2306
1. In consideration of the payments herein set forth and the specific agreements to be performed by the
parties hereto and written in this agreement,the parties bind themselves to the terms and conditions
stated herein. No verbal representations or agreements shall be binding upon either patty. Grantor
certifies that any encumbrances on the property are shown on this agreement. This agreement is
effective upon execution by the Acquisition Manager or a designated representative,and possession of
the property is granted to the Department when it sends the payment(s)agreed to below. Grantors
contract that they will,on Department's request,execute a deed and/or easement required by Department
for all real property agreed to be conveyed by this agreement.
2. COMPENSATION FOR LAND AND IMPROVEMENTS(List acreage and improvements to be acquired.)
36,543 s.f.in fee $164,444
26,992 s.f.in fee(existing easement) $ 6,073
3. OTHER COMPENSATION:
Landscaping $ 3,590
36,543 s.f.sod $18,272
20 sprinkler heads $ 3,000
5%Administrative Fee $ 1,243
4. TOTAL COMPENSATION(includes all damages to the remainder): $199,550.00(rounded).
5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS:
6. A warrant in the amount of$199,550.00,to be made payable to City of Bozeman and mailed to PO Box 1230,
Bozeman,MT 59771.
Page 1 of 2
153
RM(Project ID: STPU 1210(4) Parcel No.: 3
(Continued from Previous Page)
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATES SHOWN:
Grantor's Statement: We understand that we are required by law to provide our correct taxpayer identification
number(s)to the Montana Department of Transportation and that failing to comply may subject us to civil and criminal
penalties. We agree to provide our correct taxpayer identification number(s)by submitting a completed and signed W-9
or W-8 form. We further agree and authorize MDT to process the payments outlined in this agreement by withholding a
percentage of the payments as required by the IRS if we fail to submit the W-9 or W-8 forms within 30 days of signing this
agreement.
X
Signature:City of Bozeman (Date) Signature: (Date)
Signature: (Date) Signature: (Date)
Signature: (Date) Signature: (Date)
Signature: (Date) Signature: (Date)
RECOMMENDED FOR APPROVAL: APPROVED FOR AND ON BEHALF OF DEPARTMENT:
Ronald E.Olson dba Olson Land Services (Date NSOP items approved,if applicable (Date)
Robert Peccia&Associates,if applicable (Date) R/W Supervisor (Date)
Acquisition Manager (Date)
CB-03.200 Page 2 of 2
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