D. Public Hearing - Resolution 4656 - Sunny View Lane Abandonment4D City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
TO:
FROM:
Mayor Bill Boharski and Kalispell City Council
Charles Harball, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: A Resolution to Abandon and Discontinue a Portion
of Sunny View Lane, Adjacent to Kalispell Regional
Hospital, As Described in Exhibit "A"
MEETING DATE: September 17, 2001
BACKGROUND: This matter was brought to the City on March 27,
2001 upon a Petition submitted by Kalispell Regional Medical
Center [KRMC] to discontinue a portion of Sunny View Lane. KRMC
is the owner of record of all property adjacent to the subject
street portion. On September 10, 2001 notice of said petition
was published.
RECOMMENDATION: All procedural requirements of MCA § 7-14-4114
have been met. As KRMC owns all of the property adjacent to the
subject portion of street to be discontinued, the petition is
valid on its face. Adequate advance notice has been published to
allow action at the September 17, 2001 meeting. If sufficient
evidence is presented at the public meeting to persuade the
council that the discontinuance of the street can be done without
detriment to the public interest, the resolution may be passed.
FISCAL EFFECTS: No adverse fiscal effects are anticipated.
Respectfully submitted,
Charles ar a , Asst. City Atty.
R. y
Chris Kukulski, City Manager
RESOLUTION NO. 4656
A RESOLUTION TO ABANDON AND DISCONTINUE A PORTION OF SUNNY VIEW
LANE, ADJACENT TO KALISPELL REGIONAL HOSPITAL, AS DESCRIBED IN
EXHIBIT "A".
WHEREAS, on the 27th day of March, 2001, the City of Kalispell
received a petition from Kalispell Regional Medical
Center, the owner of record of all property adjacent to
that certain parcel of land described in Exhibit "A",
attached hereto and thereby made a part hereof, known as
a portion of Sunny View Lane, requesting that the City of
Kalispell abandon and discontinue said street, described
in said Exhibit "A", pursuant to Section 7-14-4114,
M.C.A., and
WHEREAS, notice of said petition was published in the Daily Inter
Lake on the loth day of September, 2001, and
WHEREAS, on the 17th day of September, 2001, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That portion of Sunny View Lane, described in
Exhibit "A", is hereby abandoned and
discontinued.
SECTION II. Any public utility easements have been
relocated to a new right-of-way location, and
no public utilities exist within the street
hereby abandoned.
SECTION III
This Resolution
upon passage by
by the Mayor.
sunnyview.wpd 1
shall take effect immediately
the City Council and approval
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF SEPTEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
sunnyview.wpd 2
EXHIBIT "A"
That portion of Government Lot 13, Section 6, Township 2E
North, Range 21 West, Principal Meridian, Flathead County,
Montana described as follows:
Commencing at the southwest corner of Government Lot 13,
Section 6, Township 28 North, Range 21 West, said point
being the northwest corner of the Amended Plat of
Flathead Health Center, the plat of which is on file with
the Flathead County Clerk and Recorder; thence along the
northerly boundary of said Amended Plat, North 890081571,
East 25.70 feet to the POINT OF BEGINNING of the parcel
being described and to the beginning of a 140.00 foot
radius curve concave northwesterly having a radial
bearing of North 060061561, West; thence along said curve
through a central angle of 500041291, an arc length of
122.36 feet; thence North 89010149/1 East 730.51 feet to
the beginning of a 230.00 foot radius curve concave
northeasterly having a radial bearing of North 41013155/1
East; thence along said curve through a central angle of
39024103/1 an arc length of 158.17 feet; thence South
88010108/1 East 14.09 feet to the northeast corner of said
Amended Plat of Flathead Health Center; thence along the
northerly boundary of said Amended Plat the following two
courses: South 89012110/1 West 336.02 feet and South
89008157/1 West 654.27 feet to the Point of Beginning
containing 1.113 Acres of Land, more or less, aka Parcel
2 of COS 14661.
RECEIVED
MAR 2 7 2001
Kalispell Regional Medical Center
March 27, 2001
Mr. Chris Kukulski, City Manager
City of Kalispell
197 1" Street East
Kalispell, MT 59901
RE: Abandonment/Relocation of Sunnyview Lane
Dear Chris:
As you know, the hospital has completed its construction plans and is ready to commence
the building project to be located on that portion of Sunnyview Lane proposed to be abandoned
and relocated under the Special Improvement District (SID) recently approved by the City
Council.
In that the SID may not be completed and funds available for approximately sixty days or
more, it is the purpose of this letter to ascertain whether the City of Kalispell would abandon that
portion of Sunnyview Lane and transfer the title thereof to the hospital in exchange for the
hospital deeding to the City of Kalispell the land for the re -located Sunnyview Lane, together
with the hospital bonding for the construction costs of the re -located Sunnyview Lane (bell curve
only) improvements in the event the SID does not produce the necessary funding.
Thanking you in advance for your anticipated cooperation, I remain,
Very truly yours,
KALISPELL REGIONAL MEDICAL CENTER, INC.
By:
im Oliverson
ice President of Community Relations
310 Sunnyview Lane • Kalispell, Montana 59901 • 406-752-5111
NOTICE
NOTICE is hereby given that the City of Kalispell has received
a Petition in writing from Jim Oliverson, Vice President of
Community Relations for Kalispell Regional Medical Center, sole
owner of all property on that portion of Sunny View Lane described
below, to abandon and discontinue said street, described as
follows:
That portion of Government Lot 13, Section 6, Township 28
North, Range 21 West, Principal Meridian, Flathead County,
Montana described as follows:
Commencing at the southwest corner of Government Lot 13,
Section 6, Township 28 North, Range 21 West, said point
being the northwest corner of the Amended Plat of
Flathead Health Center, the plat of which is on file with
the Flathead County Clerk and Recorder; thence along the
northerly boundary of said Amended Plat, North 89008157/1
East 25.70 feet to the POINT OF BEGINNING of the parcel
being described and to the beginning of a 140.00 foot
radius curve concave northwesterly having a radial
bearing of North 06006156/1 West; thence along said curve
through a central angle of 50004129/1 an arc length of
122.36 feet; thence North 89010149/1 East 730.51 feet to
the beginning of a 230.00 foot radius curve concave
northeasterly having a radial bearing of North 41013155/1
East; thence along said curve through a central angle of
39024103/1 an arc length of 158.17 feet; thence South
88010108/1 East 14.09 feet to the northeast corner of said
Amended Plat of Flathead Health Center; thence along the
northerly boundary of said Amended Plat the following two
courses: South 89012110/1 West 336.02 feet and South
89008157/1 West 654.27 feet to the Point of Beginning
containing 1.113 Acres of Land, more or less, aka Parcel
2 of COS 14661.
The purpose of this abandonment is to accommodate relocation
and rededication of Sunny View Lane connected with Kalispell
Regional Hospital expansion. All public utilities within said Sunny
View Lane shall be relocated to the new right-of-way.
Notice is hereby given that at the regularly scheduled City
Council Meeting on September 17, 2001, the City Council will hear
proponents and opponents on the closure and action upon the
petition in a manner which serves the public interest.
Dated this 5`" day of September, 2001.
Theresa White
City Clerk
STATE OF MONTANA )
:ss
County of Flathead )
I, Theresa White, being first duly sworn, deposes and says:
1. 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 street in the
Daily Inter Lake on the loth day of September, 2001, 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 street on loth day of September,
2001. [/ n! /�
f7�Pi 4-4" ,� /6-2�z
Theresa White
City Clerk