01. Resolution 4524 - Alley Abandonment - 1st Alley WNCity of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
REPORT TO: Mayor and City Council
FROM: Jim Hansz, Director of Public Works
SUBJECT: Abandonment of a Portion of First Alley West
MEETING DATE: January 3, 2000
BACKGROUND: In February of 1999 the adjoining property owners asked for abandonment of
a portion of First Alley West from Montana Street to US 2 (Idaho Street). Completion of the
MDOT improvement project for the US 2 / US 93 intersection will eliminate access to this alley
from US 2. After reviewing the application, Public Works has determined that there is no adverse
impact on the City, its facilities or its operations from the proposed abandonment. Other public
utilities have been questioned and have indicated no objection to the abandonment. Their
responses are maintained for record in our files. The proposed abandonment was noticed to the
public in June of 1999, but the item was subsequently removed from the City Council agenda in
order to permit the uncomplicated completion of MDOT right of way acquisition related to the
intersection improvement project. This is now done and the abandonment can proceed.
RECOMMENDATION: Proceed with the abandonment of a portion of First Alley West
between Montana Street and US 2.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the City Council
Respectjsu7*e/,ames C, Chris A. Kukulski
Director of Public /City Engineer City Manager
Report compiled December 30, 1999
RESOLUTION NO. 4524
A RESOLUTION TO ABANDON AND DISCONTINUE THE ALLEY BETWEEN NORTH
CENTRAL FOOD SYSTEMS, INC., D.B.A. HARDEE'S, LOCATED AT 40 WEST
IDAHO STREET, AND TACO JOHN'S OF KALISPELL, LOCATED AT 150 NORTH
MAIN STREET (HIGHWAY 93) IN KALISPELL, MONTANA.
WHEREAS, on the 3rd day of December, 1999, the City of
Kalispell received a petition from North Central Food Systems,
Inc., d.b.a. Hardee's, and Taco John's of Kalispell, the owners of
record of property at West Montana Street and West Idaho Street,
Kalispell, Flathead County, Montana, requesting that the City of
Kalispell abandon and discontinue the alley between Hardee's and
Taco Johns, and described as beginning at the SW corner of Lot 12,
Block 15 of Kalispell Original, thence northerly on and along the
easterly boundary line of First Alley West North a distance of
296.00 feet to the NW corner of Lot 1, Block 15 of Kalispell
Original, thence westerly on and along the southerly boundary line
of West Idaho Street a distance of 20.00 feet to the NE corner of
Lot 24, Block 15 of Kalispell Original, thence southerly on and
along the westerly boundary line of First Alley West North a
distance of 296.00 feet to the SE corner of Lot 13, Block 15 of
Kalispell Original, thence easterly on and along the northerly
boundary line of W. Montana Street a distance of 20.00 feet to the
point of beginning, in the City of Kalispell, Flathead County,
Montana, pursuant to Section 7-14-4114, M.C.A., and
WHEREAS, notice of said petition was published in the Daily
Inter Lake on the 27th day of December, 1999, and
WHEREAS, on the 3rd day of January, 2000 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 hereinbefore
mentioned was properly presented to the Council, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That First Alley West North, beginning at the
SW corner of Lot 12, Block 15 of Kalispell
Original, thence northerly on and along the
easterly boundary line of First Alley West
taco johns.wpd 1
North a distance of 296.00 feet to the NW
corner of Lot 1, Block 15 of Kalispell
Original, thence westerly on and along the
southerly boundary line of West Idaho Street a
distance of 20.00 feet to the NE corner of Lot
24, Block 15 of Kalispell Original, thence
southerly on and along the westerly boundary
line of First Alley West North a distance of
296.00 feet to the SE corner of Lot 13, Block
15 of Kalispell Original, thence easterly on
and along the northerly boundary line of W.
Montana Street a distance of 20.00 feet to the
point of beginning, is hereby abandoned and
discontinued.
SECTION II. Any public utility easements may be reserved
by the City of Kalispell.
SECTION III. The enactment of this Resolution shall not
affect nor impair the right of any public or
municipal utility to continue to maintain its
plant or equipment in said alley.
SECTION IV. 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 CITY OF KALISPELL, THIS DAY OF JANUARY, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
taco johns.wpd 2
NOTICE
NOTICE is hereby given that the City of Kalispell has received a Petition in writing from
North Central Food Systems, Inc., d.b.a. Hardee's, located at 40 West Idaho Street, and Taco John's
of Kalispell, located at 150 North Main Street (Highway 93), Kalispell, Flathead County, Montana,
to abandon and discontinue 1 st Alley West North between West Montana Street and West Idaho
Street, described as a tract of land in the SE 1/4 of Section 7, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, and further described, to wit:
Beginning at the SW corner of Lot 12, Block 15 of Kalispell Original, thence
northerly on and along the easterly boundary line of First Alley West North a
distance of 296.00 feet to the NW corner of Lot 1, Block 15 of Kalispell Original,
thence westerly on and along the southerly boundary line of West Idaho Street a
distance of 20.00 feet to the NE corner of Lot 24, Block 15 of Kalispell Original,
thence southerly on and along the westerly boundary line of First Alley West North
a distance of 296.00 feet to the SE corner of Lot 13, Block 15 of Kalispell Original,
thence easterly on and along the northerly boundary line of W. Montana Street a
distance of 20.00 feet to the point of beginning.
The purpose of this abandonment is to coordinate closure of the north end of the alley with
the proposed intersection reconstruction of US 93 and Highway 2. Any public utility easements are
reserved by the City of Kalispell.
Notice is hereby given that at the regularly scheduled City Council Meeting on January 3,
2000, the City Council will hear proponents and opponents on the closure and act upon the petition
in a manner which serves the public interest. ,
Dated this 21 st day of December, 1999.
STATE OF MONTANA
: ss
County of Flathead
I, Theresa White, being first duly sworn, deposes and says:
That I am the duly appointed and acting City Clerk for the City of Kalispell,
Montana.
2. That pursuant to Section 7-14-4114, MCA, I caused to be published a "Notice"
relating to the abandonment and discontinuance of the above designated alley in the
Daily Inter Lake on the 27th of December, 1999, and also mailed a copy of said
"Notice" in the U.S. Mail, first class postage prepaid to the owners of record of
property abutting said alley on the 21st day of December, 1999.
eresa White
City Clerk
Hardee's of Kalispell
40 W. Idaho Street
Kalispell, Montana, 59901
City of Kalispell
3121st. Ave. E.
Kalispell,Montana,59901
Attention: Mr. Glen Neier, City Manager
Dear Glen:
Would your office please proceed with the adandonment of the alley between Taco John's and
Hardee's of Kalispell.
Please contact Laurel of Taco John's when the councel meeting will be held to approve this.
Thank you for your consideration of this matter.
Yours truly,
HARDEE'S OF KALISPELL
John Gillespie
Taco John's of Kalispell
150 N Main
Kalispell, Montana,59901
City of Kalispell
3121st. Ave. E.
Kalispell, Mt., 59901
Attention: Mr. Glen Neier, City Manager
Dear GIen:
This letter is in response to our conversation of November 19, 1999, regarding reactivating the
abandonment of the alley between Taco John's and Hardee's of Kalispell. I am enclosing a letter
from John Gillespie of the Hardee's corporation so stating that this is their wish also.
Thank you for your consideration of this matter.
Yours truly,
TACO JOHN'S OF KALISPELL
Laurel Wehr