Resolution 4018 - Discontinue 2nd Ave EN2 3 4 RESOLUTION NO. 4018
A RESOLUTION TO DISCONTINUE SECOND AVENUE EAST NORTH, BETWEEN
MONTANA STREET AND WAREHOUSE INDUSTRIES, INC. PROPERTY AND THE
SOUTHERLY 100.02 FEET OF THE DEDICATED PUBLIC ALLEY IN BLOCK 24,
KALISPELL, FLATHEAD COUNTY, MONTANA.
WHEREAS, on the 9th day of September, 1991, the City of
Kalispell, received a petition from Warehouse Industries, Inc.
property, the owners of more than 50% of the lots in Blocks 23
and 24, Kalispell Original Townsites, requesting that the City of
Kalispell discontinue:
a) Second Avenue East North, between Montana Street
and Warehouse Industries, Inc. property
and
b) The Southerly 100.02 feet of the dedicated public
alley in Block 24, Kalispell Original Townsite;
pursuant to Section 7-14-4114, MCA, and
WHEREAS, notice of said petition was published in the Daily
Inter Lake on the 23rd and 29th day of September, 1991 and
mailed, U. S. Mail, first class postage prepaid, to the owners of
record of the property abutting said street and alley, and
WHEREAS, on the 7th day of October, 1991, the City Council
of the City of Kalispell held a Public Hearing to hear proponents
and opponents on the closure and to further determine any action,
that would serve the public interest, and
WHEREAS, it was determined that the petition herein before
mentioned was properly presented to the City Council, and
WHEREAS, it was determined at said public hearing that the
closure of the said Street and Alley would be in the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all of Second Avenue East North,
between Montana Street and Warehouse Industries, Inc.
(Tidymans, Inc.) property, is hereby abandoned and
discontinued, as the same is no longer required for
public transportation and the public interest will be
served by its abandonment.
SECTION II. That the Southerly 100.02 feet of the
dedicated public alley in Block 24, Kalispell Original
Townsite, is hereby abandoned and discontinued, as the
same is no longer required for public transportation
and the public interest will be served by its
abandonment.
RESOLUTION NO. 4018--Page 1
235
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SECTION III. That enactment of the Resolution shall not
affect or impair the right of any public or municipal
utility to continue to maintain its plant or equipment in
the Street or Alley, herein abandoned.
SECTION IV. This Resolution shall take effect immediately
upon passage by City Council and approval by the Mayor.
PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF KALISPELL THIS 7th DAY OF OCTOBER, 1991.
ATTEST:
Cl.
CITY XINANCE DIRECTOR
RESOLUTION NO. 4018---Page 2