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2. Resolution 5265 - Street and Alley Abandonment - Flathead High SchoolCity of Kalispell Charles A. Harball office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harb all, City Attorney Janes H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 chaTball@kalispell.com SUBJECT: Resolution No. 5265 - Street and Alley Configuration at Flathead High School MEETING DATE: Monday March 3, 2003 -- Regular Council Meeting BACKGROUND: The City staff and the staff from School District 5 have been working together to resolve some mapping and transportation use issues at the Flathead High School site. over the years improvements at the school have been put in place and the mapping has not kept up with actual uses. The current map shows alleys that do not and can not exist to serve as alleys given the configuration of the improvements. The roadway in front of the school, Fourth Avenue West, that has served as a street and school staff parking area is owned by the school and is not a City owned and maintained street. It is the desire of the School District that the alleys be officially abandoned to the School District and that Fourth Avenue West, or some portion thereof, be converted to a landscaped area. Council tabled this matter from its last meeting so additional information could be obtained regarding the parking impacts any such abandonment would have on the surrounding neighborhood. District 5 Transportation Director, Chuck Cassidy, reports that most of the parking pressures have been relieved with the addition of Glacier High School and that it will be further relieved next year when the Senior Class is then split between the two schools. He will report orally to the Council on the night of the meeting and will be available to answer any questions the Council may have. RECOMMENDATION: That Council consider the City staff s recommendation that the subject alleys be abandoned and pass Resolution No. 5265 to abandon said public right of way to School District No. 5. Alleyway Abandonment Memo February 2.8, 2008 Page - 2 FISCAL EFFECTS: None, other than the costs of publishing and recording the Notice of Abandonment. Respectfully submitted, Charles 1f.1rball, City Attorney Ja es H. Patrick, City Manager Office of City Attorney City of Kalispell RESOLUTION NO.5265 A RESOLUTION TO ABANDON PORTIONS OF 5TH ALLEY WEST, 4TH AVENUE WEST, AND 7TH STREET WEST AND CONVEY THEM TO SCHOOL DISTRICT 5. WHEREAS, the City of Kalispell owns parcels of land in Blocks 91 and 92 of the Kalispell Original Townsite, which are further described in Exhibit "A" attached hereto and incorporated fully herein by this reference; and WHEREAS, various improvements at Flathead High School have changed the configuration of certain portions of 5th Alley West, 4th Avenue West and 7th Street West; and WHEREAS, School District 5 requested that the City of Kalispell abandon, discontinue and convey those certain portions of those roadways to School District 5; and WHEREAS, notice of said request was published in the Daily Inter Lake on the fth and 13th day of February, 2008; and WHEREAS, on the 19th day of February, ZOOS, 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, all necessary public utility easements are located elsewhere in the vicinity, and no public utilities exist within the alleyway hereby abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Those portions of 5th Alley West, 4th Avenue West, and 7th Street West, as described in Exhibit "A", are hereby abandoned and discontinued and conveyed to School District 5. SECTION II. 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 3RD DAY OF MARCH, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT "A" A portion of Fifth Alley West located in Section 18, Township 28 North, Range 21 West, P.M.M., described as follows: Beginning at the NW corner of Lot 1, Block 91 of Kalispell original, records of Flathead County, Montana, thence southerly on and along the east boundary line of Fifth Alley West to the SW corner of Lot 6, Block 91 of Kalispell original., thence westerly on and along the north boundary line of Seventh Street West as platted to the SE corner of Lot 7, Block 91 of Kalispell Original, thence northerly on and along the west boundary line of Fifth Alley West to the NE corner of Lot 12, Block 91. of Kalispell original, thence easterly on and along the south boundary line of Sixth Street West to the point of Beginning. A portion of Fourth Avenue West located in Section 18, Township 28 North, Range 21 West, P.M.M., described as follows: Beginning at the NW corner of Lot 12, Block 92 of Kalispell original, records of. Flathead County, Montana, thence southerly on and along the east boundary line of Fourth Street West to the SW corner of Lot 7, Block 92 of Kalispell original, thence westerly on and along the north boundary line of Seventh Street West as platted to the SE corner of Lot 6, Block 91. of Kalispell Original, thence northerly on and along the west boundary line of. Fourth Avenue West to the NE corner of Lot 1, Block 91 of Kalispell original, thence easterly on and along the south boundary line of Sixth Street West to the point of Beginning. A portion of Seventh Street Nest located in Section 18, Township 28 North, Range 21 West, P.M.M., described as follows: .Beginning at the SE corner of Lot 7, Block 92 of Kalispell original, records of Flathead County, Montana, thence westerly on and along the south boundary line of Lot 7, Block 92 of Kalispell Original a distance of 80 Feet, thence southerly and parallel with the east boundary line of Fourth Avenue West as platted a distance of 48 feet, thence easterly and parallel with the south boundary line of Seventh Street West as platted a distance of 80 feet to a point on the west boundary line of Fourth Alley West, thence northerly on the along the west boundary line of Fourth Alley West a distance of 48 feet to the point of Beginning.