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,
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JOAWE M DICKINSON
A R 140TARY PUBLIC for the
State of Miontane U
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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
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❑ 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
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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.