H4. Reso 5795 - Vacating Public Easement - Sunset BlvdCity 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
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5795 — A Resolution Vacating of a Public
Easement on Private Property — Sunset Boulevard LLC
MEETING DATE: December 19, 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.
The City called for and held a public hearing on November 7, 2016 to take public
comment regarding the disinvestment of the City of the public property right. No
comments were offered either verbally or in writing.
RECOMMENDATION: It is recommended that the Council consider and pass the
offered resolution to abandon this public utility easement across private property.
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.5795
A RESOLUTION TO VACATE THAT CERTAIN PUBLIC UTILITY EASEMENT OF
RECORD LOCATED OVER AND ACROSS PRIVATELY OWNED REAL PROPERTY
SITUATED OFF WEST WYOMING STREET AND HIGHWAY 93 IN THE CITY OF
KALISPELL.
WHEREAS, the City of Kalispell is the owner and beneficiary of a certain public utility
easement on private property which is further described in Exhibit "A" attached
hereto and incorporated fully herein by this reference; and
WHEREAS, the city has never utilized the subject easement, currently has no utilities within
the described easement and has no knowledge of any other utilities located within
the easement; and
WHEREAS, the city has received a petition from the owner of the private burdened property
requesting that the city abandon said public utility easement; and
WHEREAS, notice of said petition was published in the Daily Inter Lake on the 23rd and 30th
day of October, 2016; and
WHEREAS, on the 7th day of November, 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 the public utility easement of record located over and across privately
owned real property situated off West Wyoming Street and Highway 93 in
the City of Kalispell, 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 utility easement to the
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 19th DAY OF DECEMBER, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
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.