Resolution 4507 - DNRC Easement for Stillwater BridgeRESOLUTION NO. 4507
1999
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
COMMITTING TO USE FOR A PUBLIC PURPOSE THE PROPOSED EASEMENT
APPLIED FROM THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
FOR A BRIDGE OVER THE STILLWATER RIVER IN LAWRENCE PARK.
WHEREAS, the City of Kalispell has joined with Flathead County and
School District 5 to build a pedestrian/bike path along
Whitefish Stage Road, connecting with the existing bike
path along North Main Street; and
WHEREAS, in order to connect the existing bike path with Whitefish
Stage Road, a bridge will have to be built over the
Stillwater River in Lawrence Park; and
WHEREAS, the City of Kalispell seeks to acquire an easement from
the State Department of Natural Resources and
Conservation to allow the installation of the bridge over
the Stillwater River; and
WHEREAS, the DNRC requires, as a condition to granting an easement
of the type sought by the City of Kalispell, a binding
commitment on the part of the City to use the easement to
provide a community service or a benefit that fulfills a
public purpose; and
WHEREAS, the City of Kalispell desires to provide such a
commitment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA:
SECTION I: That the City Council of the City of
Kalispell, Montana, hereby commits that it
will use the easement requested for the sole
purpose of building a bridge over the
Stillwater River that will be a connector
between the North Main bike/pedestrian trial
and the Whitefish Stage bike/pedestrian trial.
SECTION II. That the City Council of the City of
Kalispell, Montana, hereby commits that it
will continue to use the easement for the
purpose described above, and for no other
purpose, so long as the easement is needed.
SECTION III. That the City Council of the City of
Kalispell, Montana hereby commits that if at
any time in the future it determines that it
no longer needs the easement described herein,
it will immediately notify the DNRC and take
such steps as necessary to extinguish the
easement.
SECTION IV. That this Resolution shall take effect
immediately upon its approval by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 20TH DAY OF SEPTEMBER, 1999. •
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Wm. E. Boharski
Mayor
Attest:
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Theresa White
City Clerk