07. Resolution 4415 - Alley AbandonmentRESOLUTION NO. 4415
A RESOLUTION TO ABANDON AND DISCONTINUE THE ALLEY BETWEEN 6T$ STREET
AND 7Ta STREET WEST BEHIND SAINT MATTHEW'S CATHOLIC CHURCH IN
KALISPELL, MONTANA.
WHEREAS, on the lot' day of July, 1998, the City of Kalispell
received a petition from Father Kevin O'Neill, who represents the
Roman Catholic Bishop of Helena, the owner of record of property at
Block 95, Kalispell Original, Kalispell, Flathead County, Montana,
requesting that the City of Kalispell abandon and discontinue the
alley between the church and the school, and described as Beginning
at the Northwest corner of Lot 1, Block 95, Kalispell Original
(Sec. 18, T28N, R21W, P.M.M., records of Flathead County, Montana)
thence southerly along the easterly boundary of the Block 95 alley
R/W to the Southwest corner of Lot 12, said Block 95, thence
westerly along the southerly boundary of Block 95 to the Southeast
corner of Lot 13, said Block 95, thence northerly along the
westerly boundary of the Block 95 alley R/W to the Northeast corner
of Lot 24, said Block 95, thence easterly along the northerly
boundary of Block 95 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 14th day of July, 1998, and
WHEREAS, on the 20th day of July, 1998 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. The Northwest corner of Lot 1, Block 95,
Kalispell Original (Sec. 18, T28N, R21W,
P.M.M., records of Flathead County, Montana)
thence southerly along the easterly boundary
of the Block 95 alley R/W to the Southwest
EAwp\res\abandonst\stmans alley.wpd 1
corner of Lot 12, said Block 95, thence
westerly along the southerly boundary of Block
95 to the Southeast corner of Lot 13, said
Block 95, thence northerly along the westerly
boundary of the Block 95 alley R/W to the
Northeast corner of Lot 24, said Block 95,
thence easterly along the northerly boundary
of Block 95 is hereby abandoned and
discontinued and conveyed to Saint Matthew's
Parish and the Roman Catholic Bishop of
Helena.
ECTIOIL-Mi. 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 street.
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 THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF JULY, 1998.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
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NOTICE
NOTICE is hereby given that the City of Kalispell has received a Petition in writing from
Father Kevin O'Neill, of Saint Matthew's Catholic Church, who represents the Roman Catholic
Bishop of Helena, the owner of record of the property at Block 95, Kalispell Original, Kalispell,
Flathead County, Montana, to abandon and discontinue the alley described, to wit:
Beginning at the Northwest corner of Lot 1, Block 95, Kalispell Original (Sec. 18,
T28N, R21 W, P.M.M., records of Flathead County, Montana) thence southerly along
the easterly boundary of the Block 95 alley R/W to the Southwest corner of Lot 12,
said Block 95, thence westerly along the southerly boundary of Block 95 to the
Southeast corner of Lot 13, said Block 95, thence northerly along the westerly
boundary of the Block 95 alley R/W to the Northeast corner of Lot 24, said Block 95,
thence easterly along the northerly boundary of Block 95 to the Point of Beginning.
The purpose of this abandonment is to accommodate redevelopment of the area . 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 20, 1998,
the City Council will hear proponents and opponents on the closure and act upon the petition in a
manner which serves the public interest. i
Dated this 10th day of July, 1998.
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 Clerk of Council for the City of Kalispell,
Montana.
2. That pursuant to Section 7-14-4114, MCA, I caused a "Notice" relating to the
abandonment and discontinuance of the above designated alley to be posted on the
posting board at City Hall and published in the Daily Inter Lake on the 14'h day of
July, 1998, 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 July 10,
1998.
Theresa White
Clerk of Council
MEMORANDUM
i-r
July W,1998
i
To: Glen Neier, City Attorney / Interim City Mana er
From: Jim Hansz, Director of Public Works
Subject: Abandonment of alley at St. Matthew's School
I have revisited the area around St. Matthew's. Several months ago Dave Meredith
mentioned the school's interest in possibly asking the City to abandon the alley so that they
could expand the play area but they did not follow through, to my knowledge.
At the time, I had no serious concerns beyond the obvious desire to maintain our access
and ability to maintain the sewer installed in the alley. No change today. But, please note
the following:
• Trash service is at the south end of the alley and is provided by Evergreen. Access to
the area will need to be maintained for the trucks.
• Large overhead power poles straddle the alley similar to the utilities we are
undergrounding on First Alley East. Access to these poles must be maintained.
• The alley is paved and I assume the City did this. If St. Matthew's removes the paving
it might be appropriate to get some guarantee that the paving will be replaced if the
alley is ever returned to the City. As an alternative, the City might get some
compensation for the paving up front.
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
A Catholic Faith
Community
602 South Main St.
Kalispell, MT
59901
Parish Office:
406-752-6788
Office of
Religious Formation:
406-752-6402
School Office:
406-752-6303
Fax:
406-756-8248
July 10, 1998
Glen Neier
City Attorney
City of Kalispell
Dear Glen:
This letter is to request that the City of Kalispell abandon and vacate to the
Parish of St. Matthew, the alley between 6th Street and 7th Street West that
crosses parish property, for the development of our school playground facility.
Sincerely, /
Fr. Kevin O'Nei