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.
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