I3. Reso 5785 - ROI - Easement VacationCity of Kalispell
Charles A. Harball Office of City Attorney
City Attomey 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
10 I DO 0 [IMF'
4101
TO: Doug Russell, City Managed
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5785 — A Resolution Calling for a Public
Hearing Regarding the Vacation of a Public Easement
MEETING DATE: October 17, 2016 — Regular Council Meeting
BACKGROUND: Sunset Boulevard LLC has made application to the City to have a
public utility easement located on its property in the city on West Wyoming and Highway
93 [behind J2 Office Supply] vacated. The easement, specifically for a water main, came
into existence by conveyance deed in 1912 and has never been utilized by the City and is
not currently being considered in any of the existing City utility master plans. The City
has no knowledge or information about any other utilities located on the particular
parcel.
Prior to considering the application the City should call for and hold a public hearing to
take public comment regarding the disinvestment of the City of the public property right.
Therefore the purpose of the resolution is to notice and call for such hearing on
November 7, 2016.
RECOMMENDATION: It is recommended that the Council consider and pass the
offered resolution so that a public hearing can be conducted.
ALTERNATIVES: Upon consideration of the proposal the Council may reject the
ordinance.
IT
RESOLUTION NO.57S5
A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE APPLICATION OF
SUNSET BOULEVARD LLC FOR THE VACATION OF A PUBLIC UTILITY EASEMENT
LOCATED OVER AND ACROSS REAL PROPERTY OWNED BY THE APPLICANT
SITUATED OFF WEST WYOMING STREET AND HIGHWAY 93 IN THE CITY OF
KALISPELL AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF.
WHEREAS, on the 19`h day of April, 1912, the Kalispell Townsite Company, predecessor of the
City, conveyed a parcel of property, described in Exhibit "A" attached hereto, to
Warren French, retaining for the City the right of laying and maintaining a pipe for
water main across said premises; and
WHEREAS, the described premises now belong to Sunset Boulevard LLC which has made
application to the City to have said described easement vacated; and
WHEREAS, the City has never utilized the premises for any utility purposes, nor do any of the
City's utility master plans contemplate such use; and
WHEREAS, the City has no information or knowledge of any other public utility infrastructure
located within the premises; and
WHEREAS, it is prudent and consistent with existing state laws to seek public comment prior to
any action to abandon or vacate a public property right such as a utility easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Public Hearing. On November 7, 2016, at 7:00 p.m., in the Council
Chambers in the Kalispell City Hall, the City Council will conduct a public
hearing on the application of Sunset Boulevard LLC to vacate the public
utility easement located and described in Exhibit "A" attached hereto and
fully incorporated herein by this reference.
SECTION 2. Notice of Public Hearing, The City Clerk is hereby authorized and directed
to publish a copy of the Notice of the Public Hearing in substantially the form
attached hereto as Exhibit `B" (which is hereby incorporated herein and made
a part hereof) twice in The Daily Interlake, the official newspaper of the City
and published in Flathead County, Montana, with not less than six days
separating each publication date.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 17TH DAY OF OCTOBER, 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT A
LEGAL DESCRIPTION
Beginning at a point on the north line of and two hundred twenty-nine and four tenths (229.4)
feet east of the northwest corner of the southwest quarter of the northeast quarter of section seven (7)
in Township twenty-eight (28) north of Range twenty-one (21) West; thence running east along the
subdivision line a distance one hundred four and one tenth (104.1) feet; thence running south
fourteen degrees thirty-five minutes east a distance of four hundred nineteen and two tenths (419.2)
feet; thence running south seventy-five degrees twenty-five minutes west and on a line parallel with
the northerly line of the plat of the original townsite of Kalispell, a distance of one hundred and eight
tenths (100.8) feet; thence running north fourteen degrees thirty-five minutes west a distance of four
hundred forty-five (445) feet to the point of beginning.
The above described tract of land being in and a part of the southwest quarter of the northeast
quarter of section seven (7) in Township twenty-eight (28) North of Range twenty-one (21) West,
and containing about one acre.
The party of the first part hereby reserves the right of laying and maintaining a pipe or water
main across said premises.
EXHIBIT B
CITY OF KALISPELL, MONTANA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Kalispell,
Montana (the "City") will hold a public hearing on the proposed vacation of a public utility easement
on November 7, 2016, at 7:00 p.m., at the Council Chambers in the Kalispell City Hall, 201 1"
Avenue East, Kalispell, Montana. The easement is located on property owned by Sunset Boulevard
LLC at the corner of West Wyoming and Highway 93 North.
Further information is available on-line on the city's website at www.kalispell.com under
Mayor and City Council/Agenda or contact the City Clerk at City Hall, telephone (406) 758-7756.
Written comments may be submitted to the City Clerk at the above noticed meeting, or prior
to the meeting, by mail at P.O. Box 1997, Kalispell, MT 59903, by email at cityclerkC kalispell.com,
or in person at City Hall, 201 First Avenue East, Kalispell, Montana.
Any interested persons may appear and will be heard or may file written comments with the
City Clerk prior to such hearing.
Dated this 17th day of October, 2016.
BY ORDER OF THE CITY COUNCIL
Aimee Brunckhorst, CMC
City Clerk
Publication Dates: October 23, 2016
October 30, 2016