1. Resolution 5510 - Street Abandonment - Knoll's AdditionTel 406.758.7709
Fax 406.758.7771
charball@kalispel.l.com
a
TOO Mayor Tan' mi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
Jane Howington, City Manager
SUBJECT: Resolution No. 5510 — a Resolution to Abandon a Portion of
Grandview Avenue Located in the Knoll's Additi on
MEETING DATE0. July 18, 2011 — Regular Council Meeting
BACKGROUND: The City received a petition from all but one adjacent property owner
to abandon a small portion of Grandview Avenue located in the Knoll's Addition of the
city. This is a narrow strip of ground overlooking Dry Bridge Park that is currently
undeveloped and covered with weeds and grasses. A portion of Grandview Avenue was
previously abandoned in 1994 with all necessary utility easement rights preserved. Staff
is recommending that the City no longer has any other useful purpose for this property
other than to maintain a utility easement and that the Council should consider the
request of the petitioners pursuant to MCA 7-14-4114. A public hearing was publicly
noticed and will occur just prior to Council's consideration of this matter.
RECONEUENDATION: That City Council give consideration to and pass Resolution
No. 5510.
FISCAL IMPACTS: There 'is no anticipated fiscal impact from this decision other than
the fact that the City will no longer have the liability of maintaining this property.
Respectfully submitted,
....................... ... .. .
Charles Harball, City Attorney
�ane Howington, City Manager
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, SIT 59901
!t, _ / 110! -10.01111.
RL RESOLUTION TO ABANDON GRANDVIEW AVENUE, LOCATED IN BLOCK 4 OF
ADDITIONG
WHEREAS, the City of Kalispell owns a platted roadway, Grandview Avenue, in Block 4 of
Knoll's 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, notice of said petitions was published in the Daily Inter Lake on the 6th and 13th
day of July, 2011 ; and
WHEREAS, on the 1 Sth day of July, 2011, the City Council of the City of Kalispell held a
public hearing to hear proponents and opponents on the abandonment and to
further determine any action that would serve the public interest; and
WHEREAS, pursuant to MCA 7-14-4114 all public utility easements within the discontinued
roadway shall be reserved; and
WHEREAS, it is determined that the petitions hereinbefore mentioned were properly presented
to the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITE'' COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That portion of Block 4, Knoll's Addition, described in Exhibit "A.", is
hereby abandoned and discontinued.
SECTION II. That the City Manager is authorized to execute the necessary documents
to properly record the City's abandonment of said real property to the
adjacent land owners.
SECTION 11. This Resolution shall take effect immediately upon passage by the City
Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITE' OF KAL.ISPELL, THIS 18TiI DAY OF JULY, 2011.
r
Theresa White
City Clerk
Tam m i Fisher
Mayor
EXHIBIT "A."
That portion of the NUJ' 114 SE 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, 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" E 11.77 feet; thence S 17°50'00" E 456.33 feet; thence S
89051' 00" E 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.
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Post Office Box 1997 -Kalispell, Montana 59903
�- �J -- Telephone: (406) 758-7701 Fax: (406) 758-7758
�MONTAJYA
CERTIFICATE OF MAILING
I, Judi Funk, on behalf of the City of Kalispell, do hereby certify that copies of the "NOTICE OF
PUBLIC HEARING" were mailed first class, postage prepaid, on the 6th day of July, 2011 to the
property owners listed on the following attachment.
OF 1(4
...a..*r 41
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Kevin Ellison
1484 Memory Lane
Kalispell, MT 59901
Judi Funk
Deputy City Clerk
Curtis G. Shugart
Cindie K. Jobe
1480 Memory Lane
Kalispell, MT 59901
Douglas Birks
Po Box 190334
Hungry Horse, MT 59919
Von Lindsay Rachelle R. Felton Lynn M. Shaw
1500 Memory Lane Scott Felton Robert W. Lehmar Jr.
Kalispell, MT 59901 1506 Memory Lane 1490 Memory Lane
Kalispell, MT 59901 Kalispell, MT 59901
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 1l4 SE 114 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 reap or
plat which is on file and of record at the Flathead County Clerk. & Recorder's
Office; thence S 78°40'00" W 40.00 feet; thence S 11'20'00" F 11.77 feet; thence
S 17050' 00" E 456.33 feet; thence S 89°51' 00" F 42.05 feet; thence N 175010019
W 467.05 feet; thence N 11'20'00'3 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
November li•
Ic�le�lC7'1IC�71:7�1a1%��ftl
393 Valley view Drivel
Kalispell, MT. 5990.E
406 755 9233
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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,
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 Iles 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,
Located in Section 17, T28N R21 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 day of- �C" �����, 20�.
Petitioner/Initiator (and/or) Contact Person:
NAME:
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 Signature
etitioner's Signatu ,"
f
_617
Date
Date(,�'
wl�l ONE Ill I "I, GI
Located In Sect1 17, T28N R21 w, and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS 1 through 9 of Bloc. 4 of moll Addition.
This petition 1s respectfully submitted this day of , 20o_.
Petitioner/Initiator (and/or) Contact Person:
NAME: -a- ¢ s
PHONE NO: zu, - '.2 S
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.
P etitl o ner'. 1n 4ttU.re
Petitioner's Signature
g
Date
Date
A .M
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Located in Section 17, T28N R21 W. and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS / through 9 of Block 4 of Knoll Addition.
This petition is respectfully submitted this day of 20 .
Petitioner/Initiator (and/or) Contact Person:
V6 1
NAME: �j t
I swear that all of th
signatures are the r
Peti
Petitioner's Signature
rue and correct, and all the l and owner' s
ng landowners.
f.:
1
Located in Section 17, T28N R.21 w, and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS 1 through 9 of Bloch 4 of Knoll Addition..
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This petition is respectfully submitted this day of � . , 20-------------------
Petitioner/Initiator (and/or) Contact Person:
PHONE NO: 4ob - 75-5 —9(pc/
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.
Petitione 's Signature
"XW
Petitioner's Signature
cf,--t7-0�
Date
9,., 11 �_- C)!i
Date
Located in Section 17, T28N5 R2 1 w, and is shown on the Plat of Knolls Addition.
The Affecting Parcels are LOTS 1 through 9 of Block 4 of Knoll Addition.
This etition is respectfully submitted this r day of s 20 PP.
Petitioner/Initiator (and/or) Contact Person:
ADDRESS:
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.
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Petitioner's Signature
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s oner's Signature
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KNOLL'S ADD 1.=T10N
TOWNSHIP 28N RANGEN`21 W
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Sc aka I'.:,f(i STATE OF MONTANA..}5S
moff OF fLATOW jI
tERTiFICAT£ OF DEDICATION
(Cse oiNWly af$gYy /1 -f-
e fe 19 We..Ia%f!ier�, `(,,,.{� ,.,,�o a„ vsn.Il, atnATHFAD COUNTY MONTANA do hereby
pp4,tIIfy�tthat fwe here caused to be
Wvepd and trod al Is" to--wi{d iCommencM9 at the eate and South quota tamer s 06 set the MW If4by the evilly
of theseS EYW�Mptu Weil" k t3'�41 to the
thwibad
yw westerly baandary of the Ceuttty Road, said point being fie true point of boyienina, Tbence Is —1 W 56OLO hit fe a
paid, thence N 302V al a -.distance of 323' fist measured along the Westerly Sawadary of the CWeiy Rawl, tkenca
S 6TY0' let 275' test, thence S tN20' E 463 feet, themes S IT•3C E 470.6' foal' more or Its$, to the South
boundary of said N W V4 of the S E VA. thence N 89*34' E' 293.9 test, man or leis to Ins place of biotAlidg, arndts be /trroeyn o.
Ali si�ests urea .�/ys 8n®wn urn s F✓� a" mob' ,eafed rf a A b/i c Se
Ile WITN£S5 WHEREOF WE HAVE HEREUNTO SET OUR SIWYTURES
this..&—day,ef.. `:" ".": �g`�.fA.O. -in�th .
STATE OF HONTANA
THEAD as . COUNTY OF FLATHEAD
On Me. f-y. -day of .! in the ymr onq thou d rro h�ndrpd and tmty la A.D before me a NOTARY PUBLIC in and
for the STATE OF MONTANA Waamely appmred.hn01 ..-il,.,,o f�. u....j. .A t.bir-a,. _!�»et/.. - It - me to be the
64 person whose names are sescribad to the. foregoing Certificate, al Dedication and acknowledged th ex the same
'i IN WITNESS WHEREOF 1 NAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTORIAL SEAL
t
NOTARY PUBLIC In and for the STATE OF MONTANA, rosidingAKALTSP£ ONTA A•
My Cosxmfuba exp4ss ...
CERTIFICATE OF COUNTY ATTORNEY
STATAE OF MONTANA
CO
t�NTY OF FIAT F
1 /lm�Y^»se �Y.,��A._{-I- Cagily Attorney Mr Flathead Cou'�T SMta of fma, MrebyA�rrd 1 aura JAr the
abstraet M fife; lo the fond described on Ms anne:sd plot and thoP _lrb xe-/L�L _
to the owners In fee staple of the land m palted,
DATED AT KALISPELL, MONTAMA this.W."Y' of_ ___ 1 6 A. 0.
CERTIFICATE OF COUNTY COMMISSIONERS
��� _ Chairman of the. Baird of county Commisaonert of t County of Flathead State of Machine
and _. _ Lef n� � g � _ Clerk of the said Board do hereby codify, thot.at a moNing of sold Board.. held so the"ej. e
doe of _ _ _ _'XK�.a est f+.+ta� _ 1946 A. 0. the annexed plat was examined and approved by the sold Board of Comity Commlssionen,
IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS AND CAUSED THSIMOLL.0F_ TJig COUNTY OF FLATHEAD TO BE AFFIXED,
—CHAIRMAN
ATTEST _ ' _ ._.. ...-__. _.._..._..CLERK
CERTIFICAT OF COUNTY SURVEYOR
Sun OF NONTANA
COUNTY OF FLATHEAD
1 _ _/�.�•'.1 Be _ . _ _ . comfy Surveyor for Flathead County Montana. do fimby certify that 1 have examined the
mmexed plat and approve of the same.
DATED AT KALISPELL, MONTANA. Hilo—P.....day of....,%GG4/71 1_` 6 AB`C-aT
CERTIFICATE' OF SURVEYOR
1 T. A.Tosshor.ou a to MWGIot surveyor do solemnly swom that between the.. /.``.. day of... OAV 0419� .... and the "v? :
7 day of _..,. Oce obey . 194W A. IL I made a careful and dccurota survey of The heat of tend designated on the amend
VIA that said vat was mods in strict accordance with saw survey that the dimensions of all tots blacks and awsefe oad alloys and
the courses ore —as shown hm** , are true and correct to the boat of a4 kaswbdoe, that f sit Iron, monuments IV_ inches
In diameter gad W".Inehes long at the intersection of all boundary lines and Indicated. that. -
That saw sarveF&troa s mado in strict
aeebrdorhu with CHANTER A of 1M POLITICAL CODE at/ the STATE OF MONTANA.
SUBSCRIBED AND SWORN TO BEFORE ME this. , . �b .. day of. as . D. ARY PUBLIC to sad for Na
STATE OF MONTANA. residing KALISPELL, MONTANA. �7
ter commission aspiresfi��o z / '// - _ — _ _ —