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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