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H1. Resolution 5753 - Resolution of Intent - Vacate a Portion of Mission StCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-4997 JU, Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com TO: Doug Russell, City Manager FROM: "\Oharles Harball, City Attorney SUBJECT: Resolution No. 5753 — Resolution of Intent for the Vacation of a Portion of Mission Street MEETING DATE: March 7, 2016 — Regular Council Meeting BACKGROUND: The Immanuel Lutheran Corporation of Kalispell has petitioned for the vacation of a portion of Mission Street that is bounded only by property owned by the Petitioner. This portion of street dead ends on the Petitioner's property and serves only the Petitioner and is used now for the delivery of services to the facility. Pursuant to statutory requirements of the vacation of city streets, a public hearing to take comment must be set with all abutting property owners notified by mail about the hearing on the petition, as well as publication of time and place of the public hearing. Resolution No. 5753 declares the Council's intent to consider the matter, sets the public hearing and orders the required notifications be made. In the event that the Council approves the vacation of this portion of Mission Street, it shall become the property of Immanuel Lutheran Corporation and shall go on to the tax rolls. If it remains as a roadway, it shall be maintained by them as a private roadway. RECOMMENDATION: It is recommended that the Council consider and pass the offered resolution to call a public hearing to solicit public comment on the vacation of a portion of Mission Street. ALTERNATIVES: Upon consideration of the proposal the Council may reject the resolution. KINERIA30 9 K -13 M", to) Q WHEREAS, the City of Kalispell owns a platted roadway, Mission Street, in Block 2 of Highland Park, which is further described in Exhibit "A" attached hereto and incorporated fully herein by this reference; and WHEREAS, the city has received a petition requesting that it abandon a portion of said roadway signed by Immanuel Lutheran Corporation, the owner of record of properties abutting the subject property; and WHEREAS, state law requires that a public hearing be conducted to collect testimony and evidence, if any, regarding the abandonment of the roadway and that such public hearing be publicly noticed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. A public hearing shall be conducted at City Council Chambers, 201 First Avenue East, Kalispell, Montana at 7:00 pm, March 21, 2016 for the purpose of collecting testimony and evidence from the public regarding the city's intent to abandon a portion of the roadway in Block 2 of Highland Park, as further described in Exhibit "A". Subsequent to the conclusion of said hearing the City Council, after considering all spoken and written communication, may adopt a resolution approving the abandonment of the subject city owned property. SECTION 2. The City Clerk is authorized and directed to give notice of said hearing in accordance with Section 7-1-413 1, Montana Code Annotated. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at a found iron pin being the Southwest of Lot 14, Block 2 of the plat of Highland Park (records of Flathead County, Montana), which is on the northerly R/W of a 60 foot City street known as Crestline Avenue; Thence along said RIW S59'56'13"W 31.68 feet to a point on the easterly RJW of U.S. Highway No. 93, which is on a 1352.50 foot radius curve, concave northeasterly (radial bearing N41'33'21"E); Thence northwesterly along said highway R/W on a curve to the right, through a central angle of 03'39'35", for an arc length of 86.39 feet to a found concrete R/W monument; Thence leaving said R/W N40'18'42"E 30.14 feet to a found concrete R/W monument on the easterly R/W of Mission Street, which is on a 1322.48 foot radius curve, concave northeasterly (radial bearing N45'19'38"E); Thence southeasterly along said R/W the following two courses: On a curve to the left, through a central angle of 01'18'19", for an arc length of 30.13 feet to a found iron pin; and S47'25'39"E 66.91 feet to the point of beginning, containing 2,753 square feet. NOTICE is hereby given that the City of Kalispell has received a Petition in writing from Immanuel Lutheran Corporation, the owner of record of properties at Block 2, Highland Park, Kalispell, Flathead County, Montana, to abandon a portion of Mission Street, a roadway described, to wit: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at a found iron pin being the Southwest of Lot 14, Block 2 of the plat of Highland Park (records of Flathead County, Montana), which is on the northerly R/W of a 60 foot City street known as Crestline Avenue; Thence along said R/W S59056'13"W 31.68 feet to a point on the easterly R/W of U.S. Highway No. 93, which is on a 1352.50 foot radius curve, concave northeasterly (radial bearing N41'33'21"E); Thence northwesterly along said highway R/W on a curve to the right, through a central angle of 03'39'35", for an arc length of 86.39 feet to a found concrete R/W monument; Thence leaving said R/W N40'18'42"E 30.14 feet to a found concrete R[W monument on the easterly RIW of Mission Street, which is on a 1322.48 foot radius curve, concave northeasterly (radial bearing N45'19'38"E); Thence southeasterly along said R/W the following two courses: On a curve to the left, through a central angle of 01'18'19", for an arc length of 30.13 feet to a found iron pin; and S47'25'39"E 66.91 feet to the point of beginning, containing 2,753 square feet. Any public utility easements are reserved by the City of Kalispell. Notice is hereby given that at the regularly scheduled City Council Meeting on March 21, 2016, the city council will hear proponents and opponents on the abandonment and act upon the petition in a manner which serves the public interest. Dated this 7th day of March, 2016. Aimee Brunckhorst, CMC City Clerk Publish: March 13, 2016 March 20, 2016 F L E C K 7 February 12, 2016 City of Kalispell Tom Jentz Planning Department 201 1st Avenue East Kalispell, NIT 59901 Re: Immanuel Lutheran Petition for Vacation of a Portion of Mission Street Dear Mr. Jentz, Kimberly S. More 1667 Whitefish Stage Road P.O. Box 759 Kalispell, NIT 59901-0759 406.751.3263 Enclosed please find Immanuel Lutheran Corporation of Kalispell Montana's Petition for Vacation of a Portion of Mission Street for the City Council's consideration pursuant to Mont. Code Ann. § 7-14-4114. This Petition is submitted in conjunction with the Plat of Highland Park No. 5, which consolidates Lots I and 2 of Highland Park No. 4 and Lots 12, 13 and 14 of Highland Park, together with vacated portions of Summit Avenue in order to satisfy Condition 11 of the Grant of Conditional Use from the City of Kalispell dated November 2, 2015. The Street Area is adjacent to a portion of Lots 2 and 14 and upon vacation will be incorporated into Immanuel Lutheran's campus area for purposes of the development approved by the City of Kalispell, Immanuel Lutheran is the owner of one hundred percent of the real property adjacent to the affected portion of Mission Street. If you have any questions, please do not hesitate to contact me. Sincerely, Kimber y S. More cc: Jason R. Cronk t L IN A Prix_ NUNN WIMAIZVOK-1 The undersigned, IMMANUEL LUTHERAN CORPORATION OF KALISPELL, MONTANA ("Immanuel Lutheran"), being the owner of one hundred percent (100%) of the real property on or adjacent to the affected portion of Mission Street described below, does hereby respectfully petition and request that the City Council vacate the described portion of Mission Street in accordance with Mont. Code Ann. § 7-14-4114, A site map showing the portion and area of Mission Street to be vacated (the "Street Area') is shown on Exhibit A attached to this Petition. The legal description of the Street Area to be vacated is set forth on Exhibit B attached to this Petition. This petition is submitted in conjunction with the Plat of Highland Park No. 5, which consolidates Lots I and 2 of Highland Park No. 4 and Lots 12, 13 and 14 of Highland Park, together with vacated portions of Summit Avenue, in order to satisfy Condition 11 of the Grant of Conditional Use from the City of Kalispell dated November 2, 2015, and recorded November 23, 2015, under Document No. 201500027163, records of Flathead County, Montana. The Street Area is adjacent to a portion of said Lots 2 and 14, and upon vacation will be incorporated into Immanuel Lutheran's campus area for purposes of the development approved by the City of Kalispell in the Grant of Conditional Use. DATED this J'�— - day of February, 2016. Respectfully submitted, IMMANUEL LUTHERAN CORPORATION OF KALISPELL, MONTANA By: J/ason R. Cronk, Chief Executive Officer STATE OF MONTANA : SS. County of Flathead This instrument was acknowledged before me on February /,--/L5 2016, by Jason R. Cronk, the Chief Executive Officer of Immanuel Lutheran Corporation of Kalispell, Montana, 0, ....D../ JOAWE M DICKINSON A R 140TARY PUBLIC for the State of Miontane U SEAL..:z RmdN at KaMpell Voomwe Cornaww" Expwes March 18 2018 By: SANDS SURVEYING, Inc. 2 Village Loop EXHIBI T A Kalispell, MT 59901 in NEY4NWY4 SEC. 7, T.28N., R.21W., P.M.,M. (406) 755-6481 FLATHEAD COUNTY, MONTANA JOB NO: 441601 (in 315801) SCALE 1" 50' IV DATE: FEBRUARY 11, 2016 FOR: CROWLEY FLECK ATTORNEYS, PLLP OWNER: IMMANUEL LUTHERAN CORPORATION OF KALISPELL, MONTANA LEGEND: SANDS URVE)IN Found 112" Rebar & Cap (7975S) i INC. ❑ Found 4'X4" Cone, R/W Monument (R) Record Info. Per Highland Park No. 4 P.O.B. Point of Beginning 2,753 Sq.Ft. area of Mission Street to be vacated 12 Lot CP R-1322.48' L-30.13'(R) z S� 30.14'(R) N40*18'42'E Co Ay A#- pA S59-56'1,3 "HI �W [WAN A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at a found iron pin being the Southwest of Lot 14, Block 2 of the plat of Highland Park (records of Flathead County, Montana), which is on the northerly RAW of a 60 foot City street known as Crestline Avenue; Thence along said R/W S59'56'13"W 31.68 feet to a point on the easterly R/W of U.S. Highway No. 93, which is on a 1352,50 foot radius curve, concave northeasterly (radial bearing N4 1'33'21 "E); Thence northwesterly along said highway R/W on a curve to the right, through a central angle of 03'39'35", for an are length of 86.39 feet to a found concrete R/W monument; Thence leaving said R/W N40'18'42"E 30.14 feet to a found concrete R/W monument on the easterly R/W of Mission Street, which is on a 1322.48 foot radius curve, concave northeasterly (radial bearing N45'I 9'38"E); Thence southeasterly along said R/W the following two courses: On a curve to the left, through a central angle of 01 ' 1 8'l 9 ", for an arc length of 30.13 feet to a found iron pin; and S47'25'39"E 66.91 feet to the point of beginning, containing 2,753 square feet.