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HomeMy WebLinkAboutOrdinance 14- 1888 Agreement with Montana Department of Transporation for West College Street Bozo k co. 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 Page 1 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 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. ;JEF, r K. USS z r C/f7p ATT o • , I�AEY4U T j1 :N MC ^Ci r z � M1 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. J F K. USS � 3P y •`Qrrr" ' o �,ATTEST:,�t •; F b y ~� �. •�A• = U : .<. r- 74t f APPROVED AS TO FORM: 6�ff — G LLIVAN City oniey 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 2 154