I1. Resolution 5755 - Vacation of a Portion of Mission StreetCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Manager r
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5755 — Resolution to Vacate of a Portion of
Mission Street
MEETING DATE: March 21, 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 a public hearing to take comment will be held at this
meeting prior to action be taken. All abutting property owners were notified by mail
about the hearing on the petition as required by statute, although only the petitioner
qualified. Publication of subject, time and place of the public hearing has also been
accomplished pursuant to statute.
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 then be maintained by them as a private
roadway. All public utility easements within this roadway shall be reserved pursuant to
statute.
RECOMMENDATION: It is recommended that the Council consider and pass the
offered resolution to vacate that certain portion of Mission Street as petitioned.
ALTERNATIVES: Upon consideration of the proposal the Council may reject the
resolution.
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
RESOLUTION NO.5755
A RESOLUTION TO ABANDON MISSION STREET, LOCATED IN BLOCK 2 OF
HIGHLAND PARK ADJACENT TO A PORTION OF LOTS 2 AND 14.
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 said roadway signed by
the lot owner abutting the subject property; and
WHEREAS, notice of said petition was published in the Daily Inter Lake on the 13th and 20th
day of March, 2016; and
WHEREAS, on the 21st day of March, 2016, the City Council of the City of Kalispell held a
public hearing to hear proponents and opponents on the abandonment and to
further determine any action that would serve the public interest; and
WHEREAS, pursuant to MCA 7-14-4114 all public utility easements within the discontinued
roadway shall be reserved; and
WHEREAS, it is determined that the petition hereinbefore mentioned was properly presented
to the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That portion of Block 2, Highland Park, described in Exhibit "A", is
hereby abandoned and discontinued.
SECTION 2. That the City Manager is authorized to execute the necessary documents
to properly record the City's abandonment of said real property to the
adjacent land owner.
SECTION 3. 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 SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 21ST DAY OF MARCH, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
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 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.