8. Resolution 5509 - Resolution of Intent - Street Abandonment, Knoll AdditionTel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
lalmofflImt
Tod .Mayor Tarr.m.i Fisher
and Kalispell City Council
Charles Harball, City .Attorney
Jane Howin.gton., City .Manager
SUBJECT. Resolution No. 5500 — a Resolution of Intent to .Abandon a
Portion. of Grandview Avenue Located in the Knoll's Addition
MEETING DATE.0 July 5, 2011— Regular Council Meeting
BACKGROUND: The City has received a petition from all but one adjacent property
owner to abandon a small portion of Grandview .Avenue located in the Knoll's ,A.ddition of
the city. This is a narrow strip of ground overlooking Ivry Bridge Park that is currently
undeveloped and covered with weeds and. grasses. A portion of Grandview .Avenue was
previously abandoned in 1004 with all necessary utility easement rights preserved. staff
is recommending that the City no longer has any other useful purpose for this property
and that the Council should consider the request of the petitioners pursuant to MCA 7-
14-4114. Attached is the memorandum from. Fred Zavodny of Public Works that outlines
the history of this request.
RECOMMENDATION.* That City Council give consideration to and. pass Resolution
No. 5509.
FISCAL IAWACTS: The only immediate fiscal impact to calling a public hearing is the
cost of the advertisement.
Respectfully submitted,
0C
Charles Harball, City Attorney 4an.e Howin on, City liana. r
A RESOLUTION OF INTENT TO ABANDON
BLOCK 4 OF KNOLL'S ADDITION,
DIRECTINGPUBLIC HEARING AND THE CLERK
INTENT AND HEARING.
WHEREAS, the City of Kalispell owns a platted roadway, Grandview Avenue, in Block 4 of
Knoll Addition, which is further described in Exhibit "A" attached hereto and
incorporated fully herein by this reference; and
WHEREAS, the city has received petitions requesting that it abandon said roadway signed by
five out of six lot owners abutting the subject property; and
WHEREAS, state law requires that a public hearing be conducted to collect testimony and
evidence, if any, regarding the abandonment of the roadway and that such public
hearing be publicly noticed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
K.ALISPELL AS FOLLOWS:
SECTION I. A public hearing shall be conducted at City Council Chambers, 201 First
Avenue East, Kalispell, Montana at 7:00 pm, July 18, 2011 for the purpose
of collecting testimony and evidence from the public regarding the city's
intent to abandon the roadway in Block 4 of Knoll Addition, as further
described in Exhibit "A". Subsequent to the conclusion of said hearing the
City Council, after considering all spoken and written communication,
may adopt a resolution approving the abandonment of the subject city
owned property.
SECTION II. The City Clerk is authorized and directed to give notice of said hearing in
accordance with Section 7-1-4131, Montana Code Annotated.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS STH DAY OF JULY, 2011.
Tami-ni Fisher
Mayor
ATTEST:
Theresa white
City Clerk
J
That portion of the NW 1/4 SE 114 of Section 17, Township 28 North, Mange 21 west, Principal
Meridian, Montana, Flathead County, Montana described as follows:
Beginning at the northwest corner of Lot 1, Block 4 of Knoll's addition, a map or plat which is
on file and of record at the Flathead County Clerk & Recorder's Office; thence S 7 8 °40' 00" w
40.00 feet; thence S 11'20'00" B 11.77 feet; thence S 17°50'00" B 456.33 feet; thence S
89051'00" B 42.05 feet; thence N 17°50'00" w 467.05 feet; thence N 11 °20'00" w 9.50 feet to
the Point of Beginning and containing 0.434 acres of land more or less.
NOTICE is hereby given that the City of Kalispell has received a Petition in writing from five
out of six owners of record of properties at Block 4, Knoll Addition, Kalispell, Flathead County,
Montana, to abandon Grandview Avenue, a roadway described, to wit:
That portion of the NW 114 SF 1/4 of Section 17, Township 28 North, Range 21
West, Principal meridian, Montana, Flathead County, Montana described as
follows:
Beginning at the northwest corner of Lot 1, Bloch 4 of Knoll's .Addition, a map or
plat which is on file and of record at the Flathead County Clerk & Recorder's
Office; thence S 7 8 °40' 00" w 40.00 feet; thence S 11'20' 00" F 11.77 feet; thence
S 17°50'00" F 456.33 feet; thence S 89°51'00" F 42.05 feet; thence N 17°50'00"
w 467.05 feet; thence N 11'20'00" w 9.50 feet to the Point of Beginning and
containing 0.434 acres of land more or less.
Any public utility easements are reserved by the City of Kalispell.
Notice is hereby given that at the regularly scheduled City Council Meeting on July 18, 2011,
the city council will hear proponents and opponents on the abandonment and act upon the petition in
a manner which serves the public interest.
Dated this 5th day of July, 2011.
Theresa white, City Clerk
Publish: July 6, 2011
July 13, 2011
May 11, 2010
To: Charles Harball, City Attorney
From: Fred Zavodny, r ' eka
Re: Petition to abandon Grand ' venue
Background: The City of Kalispell has received a petition from all but one of the adjacent lot
owners in Block 4 of the Knoll' s Addition to abandon Grandview Avenue. Grandview Avenue is
currently undeveloped and is covered with weeds and grasses. No utilities are located within
Grandview Avenue. The section of Grandview Avenue that is being petitioned for abandonment
is shown on the attached Exhibit A in red. A portion of Grandview Avenue was abandoned in
1994 and is shown on the attached Exhibit A in yellow. The portion of Grandview Avenue that
was abandoned in 1994 was a component of the Amended Plat of Block 5 of the Knoll' s
Addition (copy attached). The westerly 20 feet of the portion of Grandview Avenue that was
abandoned in 1994 was reserved as a utility easement for the Sanitary Sewer that will eventually
be installed.
Research Cony feted: I solicited comments in writing on the abandonment from Public Works,
Parrs, and Planning. No one ob' ected to the abandonment.
I personally visited with Mr. Kevin Ellison, the one lot owner that did not sign the abandonment
petition. Mr. Ellison did not sign the petition for the following two reasons:
1. The additional land that he would acquire would increase his taxes. The additional tomes
levies, and fees would amount to approximately $67,00 annually
2. The additional land would allow the owner of the vacant lot next to him to build further
back on the lot thereby obstructing his view of Dry Bridge Park. The additional area
would allow the owner of the vacant lot next to him to build a house 30 feet further back
towards Dry Bridge Park.
Section 7- 14-4114 MCA defines the procedure to discontinue streets. The following procedures
apply to this abandonment request:
1. The petition to abandon must be in writing and shall include more than 50% of the
adjacent lot owners. There is a total of six lot owners. Five lot owners 83 % have
petitioned for abandonment.
2. Before acting on the petition a notice must be published stating when the petition will be
acted upon, and the name of the street to be vacated. The notice must be published twice
with d days separating each publication.
3. The request requires the approval by a majority vote of the City Council.
Information Re uested: what specific language do we need to include in the abandonment
publication, resolution, etc. to assure that the City will retain a 20 foot utility easement on the
westerly portion of Grandview Avenue for the Sanitary Sewer that will eventually be installed?
Will a survey plat, exhibit, map, etc. be required to make it official with the Clerk and Recorder?
•:_A111.Y .�
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339.3 Valley View Drivel
Kalispell, MT 59901
406-755=9233
November 11, 2009
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:.:.....:: ..:.. .....::.:.. .
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Located in Section 17, ~T28N, R21 W, and is shorn on the Plat of Knolls Addition.
The Affecting Parcels are LOTS 1 through 9 of Block 4 of Knoll Addition,
Dear Sirs or Madams,
The land owners of LOTS 1 through 9 of Block 4 of Knoll's Addition would like to
abandon the platted roadway which lies westerly of their properties. Attached
are signed petitions of the landowners, a legal description of the area to be
abandoned, a vicinity map, and a copy of the Original Subdivision Plat of Knoll's
Addition.
If you need further information or have questions, please give me a call.
Professionally,
Joseph L. Kauffman, PLS
(� BIG SKY Surveying, PC.
406-755-9233
111 Jill
5!, !J -, `_ 1� IN!
w �r< vAll 11
;, x121
Located in Section 17, T28N, l21 w, and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS 1 through 9 of Bloch 4 of Knoll Addition.
This petition is respectfully submitted this r;R day of �, 20 0 .
Petitioner/Initiator (and/or) Contact Person:
NAME:
ADDRESS: .
MT
PHONE NO: � ZYo�, ' � 4:�: 6
I swear that all of the above information is true and correct, and all the landowner's
signatures are the original true and consenting landowners.
Petitioner's Sigature-
�f=
f
etitioner s Signatur9
Date
-zoo 2
Date/
r "ETITION TO ABANDON GRANDVIEW AVE9 A CITY STREET
Located in Section 17, T28N, R21 W, and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS I through 9 of Block 4 of Knoll Addition.
This petition is respectfully submitted this day of 20 oe
Petitioner/Initiator (and/or) Contact Person:
-72
NAME :
ADDRESS:
PHONE NO: �(iG� - ��02 - � �,7,�'
I swear that all of the above information is true and correct, and all the landowner's
signatures are the original true and consenting landowners.
Petiiioner's- �ignqtur-e
Petitioner's Signature
e �111 � - / �
Date
Date
This petition is respectfully submitted this day of 200
.
Petitioner/Initiator (and/or) Contact Person:
VNAME: �
"lak.i1i : 1►Y►`
PHONE NO:
I swear that all of th
signatures are thejer
Peton
e
Petitioner's Signature
vq information is true and correct, and all the landowner's
Vrue and consenting landowners.
Date
Located in Section 17, T28N, R21 w3 and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS 1 through 9 of Bloch 4 of Knoll Addition.
This petition is respectfully submitted this day of�e.aeLr 20 .
Petitioner/Initiator (and/or) Contact Person:
NAME: 4C".I)2,I /,-
k - Fetfoi,
ADDRESS: 6c)& tryh� L,5�g t`I � �Po)I$ Gc�dcfiov>
PHONE NO: 40b - I
I swear that all of the above information is true and correct, and all the landowner's
signatures are the original true and consenting landowners.
17 -Cl
Petitione 's Signature Date
...................... ..
Petitioner's Signature Date
A
pis �r
k�
Located in Section 17, T28N, R21 W, and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS I through 9 of Block 4 of Knoll Addition.
This petition is respectfully submitted this day of 20
Petitioner/Initiator (and/or) Contact Person:
'AA
NAME: 11 _f
j
ADDRESS.
L
PHONE NO:
I swear that all of the above information is true and correct, and all the landowner's
signatures are the original true and consenting landowners.
�F _Ff
V/
I VIJ r
Petitioner's Signature
1Pet,� oner's Signature
f7 P,
7-5 7
Date
Date
11 =
That portion of the N 1/4 SE 1/4 of Section 171 Township 28 North, Range 21
West, Principal Meridian, Montana, Flathead county, Montana described as
follows:
BEGINNING at the NORTHWEST corner of LOT 1, BLOCK 4 of KNOLLS
ADDITION, a map or plat which is on file and of record at the Flathead county
Clerk & Recorders office; Thence S 78040'00" W 40.00 feet;
Thence S 11020'00" E 11.77 feet; Thence S 17050'00" E 456.33 feet;
Thence S 89051'00" E 42.05 feet; Thence N 17050'00" W 467.05 feet;
Thence N 11020'00" W 9.50 feet to the Point of Beginning and containing 0.434
acres of land more or less
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ABANDONEDIW24197
RESOLUTION #4315
DEED 199729712150 —�
AMENDED PLAT OF
BLOCK 5, KNOL L 'S ADDITION, ABANDONED PORTIONS
of !1' STREET & GRA ND VIE W AVENUE
TOTAL AREA: 1823 A
IN THE IVW114SE114 SEC ■17, T.28 ., 1 ZIK P.M.M.,
FLATHEAD COUNTY, Y, MON ANA
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asmDDIEC visf96 RESOWTION a4187 DEED 96016t6210
1 " 10/24l97 RESOLUTION 019T DEED 199T29712120
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QUITCLAIM DEED 199729712110
Weeding `0 that port at a farmer City $treet, known as Grandview Awue,
Iacated gocent to Bel. 5........ to odjoeeni property owner
d RESERVIWG THEI EIK an easement awe, under rmd Wcuo the weileriy
twenty feet 1201.... "
STATE Or NOATMA )
Ss
COMP OF rlA' 11= x
°g r led for rwwd this day al
1021 at rj.—Ora9¢tl
19thud = r Recorder
q4
inert nt the.
SHEET 1 OF Ir SET