2. Resolution 5470 - Alley Abandonment111-T
Tel 406.758.7709
Fax 406.758.7771
charball.@kalispell.com
Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City attorney
Jane Howin.gton, City Manager
Resolution. No.5470 a Resolution to Discontinue the Alleyway on
Bloc. 132 of Kalispell original Townsite
December 0, 2010 — Regular Council Meeting
BACKGROUND: Flathead County has petitioned the City to discontinue and abandon the
alleyway located in Bloc. 132 of Kalispell Original Townsite. This block contains the Earl
Bennett Building and parking lot on the east side and a parking lot on the west side. Flathead.
County is the owner of the entire block and there are no other property owners who would benefit
from the existence of an alleyway in that location. Notice of intent to discontinue the alleyway
has been published as well as a public bearing on the matter scheduled for December 0, 2010. Al
departments of public safety have been notified as well and no concerns have been brought
forward or expressed. Issues of access for public safety purposes will be addressed with the City
at such time as the west side of the block is improved. Finally, this Resolution to discontinue the
alleyway in no way impairs the continuing legal existence utility easements located within the
alleyway area being abandoned.
ECO .TION: That City Council give consideration to and pass Resolution No.
5470. The Resolution shall become effective immediately.
FIsCI ACTS: There are no anticipated fiscal impacts to the City from this proposed
resolution..
Respectfully submitted,
b�
Charles �I b Cit Attorney e n
y y �Ta e I-�ov�zn.gton, i Cty manager
WHEREAS, the City of Kalispell owns a parcel of land in Bloch 132 of Kalispell Original
Townsite previously dedicated to the City as an alleyway, which is further
described in Exhibit "A" attached hereto and incorporated fully herein by this
reference; and
WHEREAS, Flathead County is the owner of record for the entirety of Bloch 132, Kalispell
Original Townsite, save for the alley; and
WHEREAS, the City has received a petition from Flathead County requesting that it abandon
said alleyway and convey it to Flathead County; and
WHEREAS, notice of said petition was published in the Daily Inter Lake on the 21 st and 28th
day of November, 2010, and
WHEREAS, on the 6th day of December, 2010, the City Council of the City of Kalispell held a
public hearing to hear proponents and opponents on the closure and to further
detern ne any action that would serve the public interest, and
WHEREAS, pursuant to MCA. 7W 14-4114 all public utility easements within the discontinued
alleyway shall be reserved by the benefitted owner of the utility; and
WHEREAS, it is determined that the petition hereinbefore mentioned was properly presented
to the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALIS PBLL AS FOLLOWS:
SECTION I. That portion of Bloch 132, Kalispell Original Townsite, described in
Exhibit "A", is hereby abandoned and discontinued and conveyed to
Flathead County.
SECTION II. This Resolution shall tale 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 CITY OF KALISPELL, THIS 6'TH DAY OF DECEMBER, 2010.
F�11�
Theresa white
City Clerk
Tammi Fisher
Mayor
EXHIBIT ""A"
LEGAL DESCRIPTION OF 1 ALLEY TO BE ABANDONED IN BLOCK
The designated alley of Bloch 132 of Kalispell original Townsite according to the map or plat
thereof of record in the office of Clerk and Recorder, Flathead Counter, Montana.
OTICB is hereby given that the City of Kalispell has received a Petition in writing from. the
Flathead County Board of Commissioners, the owner of record of the entirety of Block 132,
Kalispell original Townsite located in Section 18, Township 28 North, Range 21 West, PMM
Flathead County, Montana, to abandon said alleyway more particularly described as follows:
The designated alley of Block 132 of Kalispell original Townsite according to the
map or plat thereof of record in the office of Clerk and Recorder, Flathead County,
Montana.
The purpose of this closure is to acconnnodate a parking improvement project. Pursuant to
MCA 7-14-4114 all public utility easements within the discontinued alleyway shall be reserved by
the benefitted owner of the utility.
Notice is hereby given that at the regularly scheduled City Council Meeting on December 6,
2010, the City Council will hear proponents and opponents on the abandonment and act upon the
petition in a manner which serves the public interest.
s
t
Theresa White
City Clerk
Publish: November 21, 2010
November 28, 2010
Flathead County
Board of Commissioners
(406)758-5503
Joseph D. Brenneman
James R. Dupont
Dale W. Lauman
October 18, 2010
Jane Howington, City Manager
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 5 9903 -1997
RE: Request to Abandon Alley adjacent to the Earl B ennett Building between 10"' and 11 to
Avenues
Dear Jane:
As per our verbal discussion on Friday, October 15, I am requesting on behalf of the Flathead
County Board of Commissioners that the city alley adjacent to the Earl Bennett Building and
between loth and l l"' Avenues be abandoned. I believe we have been providing a significant part
of the maintenance of that alley for years (mainly snow plowing). This request relates directly to
the parking construction project being proposed for next spring.
Also as discussed, we will close off that alley until we complete construction of this parking
improvement.
Let us know if you need any additional information regarding this request.
Sincerely,
OFFICE OF FLATHEAD COUNTY
BOARD OF COMMISSIONERS
Mike Pence, County Administrator
c: Commissioners Brenneman, Lauman and Dupont
Peter Steele, Deputy County Attorney
Tara Fugina, Deputy County Attorney
Jed Fisher, Maintenance Supervisor
Jim Chilton, Solid Waste Operations Manager
Joe Russell, Public Health Officer
800 South Main ** Kalispell, Montana 59901 ** Fax (406) 758-5861