Resolution 5753 - ROI - Abandon Mission StreetRESOLUTION NO.5753
A RESOLUTION OF INTENT TO ABANDON A PORTION OF MISSION STREET,
ADJACENT TO A PORTION OF LOTS 2 AND 14 IN BLOCK 2 OF HIGHLAND PARK,
CALLING FOR AND FIXING A DATE FOR A PUBLIC HEARING AND DIRECTING
THE CLERK TO PUBLISH NOTICE OF THIS INTENT AND HEARING.
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 7-1-4131, 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•.
Aim e BrunckhorstE(7m SEAL
City Clerk _ 1892
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EXHIBIT "A"
MISSION STREET
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 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 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 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°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
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
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
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 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°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. i\��\lEliiil3i11/j
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Dated this 7th day of March, 2016. �4
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AimJe BrunckhorsF, CIVIC 5 2
City Clerk 189 Q
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Publish: March 13, 2016
March 20, 2016