HomeMy WebLinkAbout16- Ordinance 1929 Park Boundary in the Oak Meadows Subdivision i
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ORDINANCE NO. 1929
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
EXCHANGE AGREEMENT FOR THE REALIGNMENT OF A PARK BOUNDARY IN
THE OAK MEADOWS SUBDIVISION WITH PRIVATELY OWNED TRACTS,
PROVIDING CONTINGENCIES AND AN EFFECTIVE DATE.
WHEREAS,the City of Bozeman received by dedication several park tracts as part of the
Oak Meadows Subdivision final plat,plat J-459 and recorded as document number 2260491; and
WHEREAS, one of those tracts is identified as Park 1 of the Oak Meadows Subdivision,
hereinafter referred to as the "Property"; and
WHEREAS, the City is desirous of adjusting the boundary of the Property to accept an �
equal amount of new park area for the park area exchanged in order to support development of
adjacent affordable housing which will further the public interest; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance
when the City"convey[s]... or authorize[s] the conveyance... of any lands of the city"; and
WHEREAS, Section 2.06.850 of the Bozeman Municipal Code (BMC), grants the City
Commission the jurisdiction and power to receive property by donation or exchange; and
WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC), grants the City
Commission the jurisdiction and power to exchange any real property, however acquired,
belonging to the City that is not necessary to the conduct of city business or the preservation of
city property; and
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Ordinance 1929,Authorizing The City Manager to enter into an Exchange Agreement for the Realignment of a Park
Boundary
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... exchange..."and
WHEREAS, Section 2.06.880, BMC, also states, "Notice of ...exchange... shall be
published as provided in MCA 7-1-4127'; and
WHEREAS, as the exchange of the Property is of identical size with the property the City
will receive and is immediately adjacent to the existing park, of equal utility, and no money will
be exchanged the Commission determines no appraisal of the real property to be exchanged is
necessary; and
WHEREAS, MT Larkspur LLLP has executed an agreement for the exchange of the
Property subject to City Commission authorization of the City Manager's signature; and
WHEREAS, the agreement to exchange the Property is attached to this Ordinance as
Attachment A; and
WHEREAS,should the Bozeman City Commission provisionally adopt this ordinance 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 finds that:
1. The exchange of the Property as shown on Exhibit A to the Exchange Agreement will have
no adverse effect on the public's use of Oak Meadows Subdivision Park 1 and will further
the public interest because the exchange of the Property and related relocation of common
boundaries will benefit affordable housing which the City has financially supported and
which is consistent with the priorities of the City's affordable housing goals.The exchange
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Ordinance 1929,Authorizing The City Manager to enter into an Exchange Agreement for the.Realignment of a Park
Boundary
of land is of identical size, immediately adjacent to the existing park, and of equal value
and utility for all public uses.
2. As the exchange provides an equally functional park space the land to be deeded to MT
Larkspur LLLP is no longer needed for City purposes.
Section 2
The Bozeman City Commission hereby authorizes the City Manager to sign the attached Exchange
Agreement.
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In doing so,the Commission authorizes,subject to fulfillment of the contingencies as stated in the
attached Exchange Agreement and those contingencies listed below, the conveyance of the
Property to the MT Larkspur LLLP:
1. The exchange must be of the same amount of land area to both parties.
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2. The exchange shall be enacted by the approval of an amended plat by the Director of
Community Development in substantially the same form as attached to the Exchange
Agreement and recording the amended plat.
3. MT Larkspur LLLP shall pay all closing costs and recording fees.
4. The City Manager may not sign the Exchange Agreement until 30 days after final adoption
of this ordinance; as such,the Exchange Agreement shall not be binding on the City until
such time and until completion of all included contingencies.
5. The exchange shall close as stated in the agreement.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby,repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in fall force
and effect. p
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Section 4
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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 j
force and effect.
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Ordinance I929,Authorizing The City Manager to enter into an Exchange Agreement for the Realignment of'a Park
Boundary
Section 5
SeverabiIity.
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 6
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 7
Effective Date.
This ordinance shall be in full force and effect 30 days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,Montana,
on first reading at a regular session held on the 14th day of December,2015.
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Ordinance 1929,Authorizing The City Manager to enter into an Exchange Agreement for the Realignment Of a Park
Boundary
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 28th day of
December, 2015. The effective date of this ordinance is January 27,2016.
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ATTEST:
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City Attorney
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Exhibit I to Ordinance 1929
AGREEMENT TO EXCHANGE LAND
THIS AGREEMENT is made and entered into this m of; JP l'. 2016,by and
between City of Bozeman,hereinafter referred to as CITY, and MT LSPUR LLLP and (or
assigns),hereinafter referred to as MT LARKSPUR LLLP.
WITNESSETH:
WHEREAS, CITY is the legal owner of the following described real property situated in
Gallatin County, State of Montana, more particularly described as follows,to wit:
Park 1 of the Oak Meadows Subdivision, situated in the SWl/4 of Section 1,Township 2
South,Range 5 East,PMM, Gallatin County, City of Bozeman,Montana. ("CITY
PROPERTY")
WHEREAS,MT LARKSPUR LLLP is the legal owner of the following described real
property situated in Gallatin County, State of Montana,more particularly described as follows,to
wit:
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Lot 3, Block 4 of the Oak Meadows Subdivision, situated in the SW1/4 of Section 1,
Township 2 South,Range 5 East,PMM, Gallatin County, City of Bozeman,Montana.
("MT LARKSPUR LLLP PROPERTY")
WHEREAS, CITY and MT LARKSPUR LLLP desire to exchange a portion of their
respective parcels of above-described real properties pursuant to a boundary realignment ("the
Boundary Realignment") under the terms and conditions hereinafter set forth and as shown on
the attached Exhibit A which by this reference is made a part hereof.
NOW,THEREFORE,for good and valuable consideration the parties agree as follows: u
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1. FILING OF AMENDED PLAT: CITY and MT LARKSPUR LLLP shall file the
Amended Subdivision.Plat of Lots 2, 3 &4,Block 4 and Lots 2, 3 &4, Block 5 and Park
1 of Oak Meadows Subdivision,located in the SWl/of Section 1, Township 2 South,
Range 5 East,P.M.M., City of Bozeman, Gallatin County,Montana as shown on Exhibit
A in order to complete the Boundary Realignment and create the following 4eg41 parcels: i
Park 1A, Lot 2A of Block 5, and Lot 2A of Block 4 as shown on Exhibit A. CITY and
MT LARKSPUR LLLP acknowledge and agree that real property to be exchanged
pursuant to the Boundary Realignment are of equal size and value.
2. In order to convey its interest in that portion of the CITY PROPERTY to be included '
within the new Lot 2A of Block 5 as shown on Exhibit A,the CITY shall execute a Quit
Claim Deed to MT LARKSPUR LLLP for said Lot 2A of Block 5. In order to convey its
interest in that portion of the MT LARKSPUR LLLP PROPERTY to be included within
the new tract Park!I A as shown on Exhibit A,NIT LARKSPUR LLLP shall execute a
Quit Claim Deed to CITY for said Park 1A.
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Exhibit 1 to Ordinance 1929
3. MT LARKSPUR LLLP shall purchase a title insurance policy insuring that the CITY
shall acquire that portion of the MT LARKSPUR LLLP PROPERTY to be included
within Park 1A free and clear of all mortgages, liens and encumbrances, subject to the
following:
A. All reservations and exceptions of record and in patents from the United
States or the State of Montana or in Acts authorizing the issuance thereof;
B. Covenants,restrictions,reservations, limitations,conditions, easements,
rights of way,notations contained in or on any recorded plat,uses,
waivers,agreements, bylaws, and other provisions of record.
C. Taxes and assessments for the current year and subsequent years;
D. All prior conveyances,leases or transfers of any interest in minerals,
including,oil,gas,and other hydrocarbons,including access to and from
to extract the same,whether or not shown in the public records;
E. Building,use, zoning, sanitary,safety,and environmental rules,
regulations,and restrictions; and
F. Water rights,claims of title to water, and ditch rights apparent or of
record.
4. BOZEMAN CITY COMMISSION RATIFICATION CONTINGENCY: The parties
recognize and agree the Boundary Realignment and the exchange of real property as set
forth herein is contingent upon ratification by the Bozeman City Commission of the City
Manager's approval of this Agreement by duly adopted ordinance of the Bozeman City
Commission pursuant to the requirements of Section 2.11 of the Bozeman City Charter
and Chpt. 2,Art. 6,Div. 5,BMC.Final ratification of this agreement shall not be
effective until thirty(30) days after final adoption of such ordinance("Effective Date").
Should the Bozeman City Commission fail to ratify the City Manager's approval of this
Agreement for whatever reason,this agreement shall be terminated,and neither party
shall have any further obligation to the other party.
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5. MT LARKSPUR LLLP'S WARRANTY AND DISCLOSURE: MT LARKSPUR LLLP
agrees and represents that it has conducted an independent investigation and inspection of
the CITY PROPERTY and has entered into this Agreement in frill reliance thereon, and
that there are no other agreements,verbal or otherwise,modifying or affecting the terms
hereof, and that MT LARKSPUR LLLP is not relying upon any oral representations
made by the CITY or CITY's agents. MT LARKSPUR LLLP specifically understands
that the CITY's interest in said Lot 2A,Block 5 shall be conveyed "AS IS" AND
WITHOUT WARRANTIES,EITHER EXPRESSED OR IMPLIED,INCLUDING
THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,EXCEPT THE WARRANTIES OF TITLE AS SET k
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FORTH HEREIN.
Exhibit 1 to Ordinance 1929
6. TAXES AND ASSESSMENTS: There shall be no proration of taxes between CITY and
MT LARKSPUR LLLP. MT LARKSPUR LLLP shall pay all taxes,fees and assessments
accruing against said Lot 2A,Block 5 subsequent to the date of Closing.
7. RISK OF LOSS: The parties hereto understand and agree that each party shall bear the
risk of loss to their respective parcels of real property and appurtenances until title is
conveyed at the date of Closing.
8. POSSESSION: Possession of the fully realigned parcels will be delivered on the date of
Closing.
9. MEGAN'S LAW DISCLOSURE: Pursuant to the provisions of Title 46, Chapter 23, Part
5 of the Montana Code Annotated,certain individuals are required to register their
address with the local law enforcement agencies as part of Montana's Sexual and Violent
Offender Registration Act. In some communities, law enforcement offices will make the
information concerning registered offenders available to the public. If either party desires
further information, it should contact the local County Sheriffs office,the Montana
Department of Justice, in Helena,Montana,and the probation officers assigned to the
area.
10.NOXIOUS WEEDS DISCLOSURE. Buyers of property in the State of Montana should
be aware that some properties contain noxious weeds. The laws of the State of Montana
require owners of property within this state to control, and to the extent possible,
eradicate noxious weeds. For information concerning noxious weeds and your obligations
as an owner of property, contact either your local County extension agent or Weed
Control Board. i
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11. CLOSING: Closing of the transaction set forth in this Agreement shall occur within 10
days of the Effective Date as defined in Section 4 of this Agreement and simultaneously
with the recordation of the plat set forth on Exhibit A. CITY and MT LARKSPUR LLLP
may mutually agree in writing to extend the Closing. Since no funds are being �!
transferred, a closing agent shall not be necessary. MT LARKSPUR LLLP agrees to pay
all recording fees.
12. INSTRUMENTS OF FURTHER ASSURANCE; GOOD FAITH: Each of the parties
hereto agrees, at their own expense,to execute and deliver to the other at or after the
Closing any and all further instruments and documents as either may reasonably request
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in order to carry out any of the provisions of this Agreement. CITY and MT LARKSPUR
LLLP shall act in good faith in all respects relative to the transactions contemplated '
hereby.
13. NOTICES: Any notice required or permitted hereunder shall be in writing and shall be
deemed delivered if personally delivered or two(2) days after being sent by United States
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Exhibit 1 to Ordinance 1929
First Class Certified Mail,postage prepaid,to the CITY or MT LARKSPUR LLLP at the
addresses specified herein below.
CITY: MT LARKSPUR LLLP :
Bozeman City Manager MT LARKSPUR LLLP
City of Bozeman 520 Pike Street, Suite 1010
121N. Rouse Ave Seattle, WA 98101
Bozeman,MT 59715
Notices shall be addressed to any other person and address as may be specified from time
to time by any party by written notice to the other party.
14. PARTIES IN INTEREST; ASSIGNMENTS: This Agreement, and each and every term
and provision hereof, shall inure to the benefit of, and be binding upon and enforceable
against,MT LARKSPUR LLLP and CITY hereto and their respective legal
representatives,successors and assigns.
15.NO THIRD-PARTY BENEFITS: This Agreement is not intended,and shall not be
deemed or construed,to confer any rights,power or privileges on any person, firm,
partnership, corporation or other entity not a party hereto, except as otherwise provided.
16. TIME IS OF THE ESSENCE: Time is specifically declared to be of the essence of this
Agreement, and of acts required to be done and performed by MT LARKSPUR LLLP
and CITY.
17. GOVERNING LAW: This Agreement is executed and delivered and is to be performed
in,and shall be governed by and construed in accordance with,the laws of the State of
Montana.
18. ATTORNEY'S FEES: Should either party hereto reasonably retain counsel for the
purpose of enforcing or preventing the breach of any provision or alleged breach hereof,
including but not limited to instituting any action or proceeding to enforce any provision
hereof, for damages by reason of any alleged breach of any provision of this Agreement,
for a declaration of such party's rights or obligations hereunder or for any other judicial
remedy,then the prevailing party shall be entitled to be reimbursed by the other party for
all costs and expenses incurred in connection therewith,including but not limited to a
reasonable attorneys fees for the services rendered to such prevailing party.
19.ENTIRE AGREEMENT: This Agreement expressly terminating all previous agreements ;I
among the parties related to the property, and constitutes and contains the entire
agreement between CITY and MT LARKSPUR LLLP and supersedes any and all prior
negotiations,correspondence,understandings and agreements between the parties
respecting the subject matter hereof
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Exhibit 1 to Ordinance 1929
20. AMENDMENT: This Agreement may be amended only by a writing signed by each of
the parties hereto.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES
CITY OF BOZEMAN, by
Chris A. Kukulski, City Manager
MT LARKS R, P
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BY: MT Larksbur_GMD LLC , General Partner
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