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04. Resolution 4327 - Abandon 13th Ave WestAgenda -April 21, 1997 AGENDA ITEM 4 - RESOLUTION 4327-ABANDON 50 FEET OF 137H AVENUE WEST BACKGROUND/CONSIDERATION: I have enclosed information outlining a parcel of property that can be vacated. This would -"clean up" a legal item that has historically thought to be private property. RECOMMENDATION: Abandonment and transference to the adjacent properties is recommend. ACTION REQUIRED: APPROVAL of Resolution 4327 will complete the process to abandon the property. RESOLUTION NO . -3.2Z A RESOLUTION TO ABANDON AND DISCONTINUE THE WESTERLY 20 FEET AND THE EASTERLY 20 FEET OF THE SOUTHERLY 50 FEET OF THIRTEENTH AVENUE WEST, KALISPELL, MONTANA. WHEREAS, on the 13th day of March, 1997, the City of Kalispell received a petition from Paul Roybal and Ryan and Judie Overbeek, the owners of property fronting the North end of Thirteenth Avenue West adjacent to Seventh Street West, Kalispell, Flathead County, Montana, requesting that the City of Kalispell abandon and discontinue the Westerly 20 feet and the Easterly 20 feet of the Southerly 50 feet of Thirteenth Avenue West, formerly Forsythe Avenue in the Ashley Addition, lying North of Seventy Street West in Section 18, Township 29 North, Range 21 West, P.M.M. 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 April, 1997, and WHEREAS, on the 218t day of April, 1997 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 Westerly 20 feet and the Easterly 20 feet of the Southerly 50 feet of Thirteenth Avenue West, formerly Forsythe Avenue in the Ashley Addition, is hereby abandoned and dicontinued and conveyed to the adjacent property owners. SECTION II. The center 20 feet will be retained by the City of Kalispell for Right of Way purposes. jlwp\res113thave 1 .SECT-ON-111. 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. SE I-ox.-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 THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF APRIL, 1997. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council j\wp\res\13thave 2 RUM DATE: April 9, 1997 TO: City Manager and City Council FROM: Public Works Department fo-D RE: Abandonment of a portion of 13th Ave. West The Public Works Department recommends approval of the abandonment of two small sections of 13th Ave. West as shown on the attached map. These two sections of land do not contain any city utilities and have historically been believed to be a part of the adjacent properties. The center twenty feet is a city alley and is being retained for alleyway purposes. As an incentive for the city to approve this abandonment the property owners petitioning for abandonment have paved approximately 300 feet of the alley adjacent to their property. 0 Ci AME&L Gmaw Flathead VaHey,MT • 01996 Fln Communicadons •']f.l H.CLKAtl'tU -i^CK. r 1 C•[ 7'JOlc f 17? I 1 • t7 rr•1 1"qC tr vi i tui s i u, V J� 15. NO. 4005 � ;spa-,�e� N. 56oI' ' 2rt '3 d. WROAR �0 34' _ {. 69.6 3 r "--- ' HAr6E9 2505' %* µ5 i t.h- ,i4fspK PARCL r PARCEL C N o =' ,r+ - .f I s,5915rorvJ. 70.49' p��6 Ba'AS OFBEAR1rJGS N.89'4825'w t10.33r Fd 3/s `C d, wo. Pr PE PIPE 30.pp i4.16' 40•r 7' ---� iIl w �,RCEL S rj ^I .. co I to kA f`LOT 72: ago ►': J 0 10, 0 I 4o.1S'�B "610 Fd• V-V PIPE ILI �'89`55'49'h1• ao.3t' DKM vi d LCJMA" TAbU PARCEL A', LEGEND 0.110 ACAS CrOp505 o. 015 ACRE 1n rMU4 U1tL1'f1' AND At.W o ger 1/e• ,c �• REf�tR w+rfr Pc�asrrc _ CAP S1'AMPeo '73Z$5' moo' 115 AUMN-jr ® F0vND, Powr As Noi-60 PARCEL. S 0.107 ACRE GR#515 (r) o. oo7 ACRE WITMI44 UTwtY AND ALL o . l oc ACM 94r P'NkU L C n'WiTO ACRE id N A Ul it l'N AND ALI