04. Resolution 4348 - 2nd Ave WN Street AbandonmentAgenda -August 4, 1997
AGENDA ITEM 4 - RESOLUTION 4348-ABANDONMENT OF 20 AVENUE WEST NORTH
STREET ABANDONMENT
BACKGROUND/CONSIDERATION: Items 3 and 4 are both related to the
agreement that was approved at the last meeting for the purchase of
the Equity Improvements and the Center Mall Improvements. As you
may recall, the closing of the street will be a deduction of $4.50
per square foot (approximately $89,900) in both of the agreements.
RECOMMENDATION: Since the item is an integral factor for the Center
Mall Improvement Agreement, I recommend the approval of the street
abandonment. The street will not formally be closed until the
"closing" of the agreements with both Equity and Barbieri's Center
Mall.
ACTION REQUIRED: RESOLUTION 4348 will authorize the closing of 2nd
Avenue West.
RESOLUTION NO.-A348
A RESOLUTION TO ABANDON AND DISCONTINUE 2bm AVENUE W.N., BETWEEN THE
BURLINGTON NORTHERN RAILROAD TRACKS ON THE SOUTH AND MONTANA STREET
ON THE NORTH, KALISPELL, MONTANA.
WHEREAS, on the 9th day of July, 1997, the City of Kalispell
received a petition from Brent Johnson, President of Equity Supply
Company, the sole owner of all property on the East and West sides
of 2nd Avenue W.N., between the BN railroad tracks on the South and
Montana Street on the North, Kalispell, Flathead County, Montana,
requesting that the City of Kalispell abandon and discontinue 2nd
Avenue W.N. beginning at the Northwest corner of Block 27,
Kalispell Original Townsite, thence Westerly and parallel with the
Northerly Boundary of Block 27 to the Northeast corner of Block 28,
Kalispell Original Townsite, thence Southerly along the Easterly
boundary of Block 28 to the Southeast corner of Block 28, thence
Easterly and parallel with the Southerly boundary of Block 27, to
the Southwest corner of Block 27, thence Northerly along the
Westerly boundary of Block 27 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 27th day of July, 1997, and
WHEREAS, on the 4th day of August, 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. 2nd Avenue W.N. beginning at the Northwest
corner of Block 27, Kalispell Original
Townsite, thence Westerly and parallel with
the Northerly Boundary of Block 27 to the
Northeast corner of Block 28, Kalispell
Original Townsite, thence Southerly along the
j\wp\res\2nd Avenue WN 1
Easterly boundary of Block 28 to the Southeast
corner of Block 28, thence Easterly and
parallel with the Southerly boundary of Block
27, to the Southwest corner of Block 27,
thence Northerly along the Westerly boundary
of Block 27 to the Point of Beginning, is
hereby abandoned and discontinued and conveyed
to the adjacent property owners.
SECTION II. 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.
SE,,S'7CION III. 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 AUGUST, 1997.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
jlwp\res\2nd Avenue WN 2