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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.