HomeMy WebLinkAboutOrdinance 15- 1907 Agreement with the MDOT for Sale and Conveyance of Land by Deed r
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ORDINANCE NO. 1907
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 0.2118 ACRES OF LAND BY DEED AND
EASEMENT FOR THE ROUSE AVENUE RECONSTRUCTION PROJECT.
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WHEREAS, the City of Bozeman owns two parcels of property on and along North
Rouse Avenue and Bridger Drive (also known as State Highway 86), with legal descriptions as
follows:
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Parcel 128: tract of land within portion of abandoned Chicago, Milwaukee, St Paul and
Pacific Railroad Company's right-of-way situated in the SE1/4 SE1/4, Section 31, Township 1
South, Range 6 East, located at the SW corner of Bridger Drive and Story Mill Road;
Parcel 103: Tract 2 of Certificate of Survey No. 2818, situated in Government Lot 2,
(NW 1/4, NE 1/4) Section 6, Township 2 South Range 6 East, commonly known as 1814 N.
Rouse Avenue;
WHEREAS, The Montana Department of Transportation is desirous of purchasing 7,217
square feet of land by deed and easement on Parcel 103, and is desirous of purchasing 2,011
square feet of land by easement on Parcel 128;
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
ORDINANCE 1907
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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
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, Kraig Kosena, a qualified appraiser with the Montana Department of
Transportation, on 10/26/12 with updates in July 2014, appraised the value of the improvements
and access easement on Parcel 128 to be $14,750.00, and appraised the value of the
improvements, easement, and land on Parcel 103 to be $30,600.00; 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 for each parcel, and are
attached to this Ordinance as Attachment 1; and
ORDINANCE 1907
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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 along with the associated easement and realty transfer
documents which are 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 compensation shall be Forty-five thousand three hundred fifty and 00/100 dollars
($45,350.00) for the right-of-way for Parcels 128 and 103;
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.
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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.
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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.
ORDINANCE 1907 F
Page 3 of 5
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 2"d day of March, 2015.
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JEFK ,K�KRAUSS
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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 16th day of March,
2015. The effective date of this ordinance is April 16, 2015.
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JE K. KRAUSS
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ATTEST r `
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S AC L1Yly
City C1 e ,
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ORDINANCE 1907
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APPROVED AS TO FORM:
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GR SULLIVAN
City Attorney
ORDINANCE 1907
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