Resolution 4524 - Alley Abandonment - Hardee's & Taco Johns2032
RESOLUTION NO. 4524
A RESOLUTION TO ABANDON AND DISCONTINUE THE ALLEY BETWEEN NORTH
CENTRAL FOOD SYSTEMS, INC., D.B.A. HARDEE'S, LOCATED AT 40 WEST
IDAHO STREET, AND .TACO JOHN'S OF KALISPELL, LOCATED AT 150 NORTH
MAIN STREET (HIGHWAY 93) IN KALISPELL, MONTANA.
WHEREAS, on the 3rd day of December, 1999, the City of
Kalispell received a petition from North Central Food Systems,
Inc., d.b.a. Hardee's, and Taco John's of Kalispell, the owners of
record of property at West Montana Street and West Idaho Street,
Kalispell, Flathead County, Montana, requesting that the City of
Kalispell abandon and discontinue the alley between Hardee's and
Taco Johns, and described as beginning at the SW corner of Lot 12,
Block 15 of Kalispell Original, thence northerly on and along the
easterly boundary line of First Alley West North a distance of
296.00 feet to the NW corner of Lot 1, Block 15 of Kalispell
Original, thence westerly on and along the southerly boundary line
of West Idaho Street a distance of 20.00 feet to the NE corner of
Lot 24, Block 15 of Kalispell Original, thence southerly on and
along the westerly boundary line of First Alley West North a
distance of 296.00 feet to the SE corner of Lot 13, Block 15 of
Kalispell Original, thence easterly on and along the northerly
boundary line of W. Montana Street a distance of 20.00 feet to the
point of beginning, in the City of Kalispell, Flathead County,
Montana, pursuant to Section 7-14-4114, M.C.A., and
WHEREAS, notice of said petition was published in the Daily
Inter Lake on the 27th day of December, 1999, and
WHEREAS, on the 3rd day of January, 2000 the City Council of
the City of Kalispell held a public hearing to hear proponents and
opponents on the closure and to further determine any action, that
would serve the public interest, and
WHEREAS, it was determined that the petition hereinbefore
mentioned was properly presented to the Council, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That First Alley West North, beginning at the
SW corner of Lot 12, Block 15 of Kalispell
Original, thence northerly on and along the
easterly boundary line of First Alley West
North a distance of 296.00 feet to the NW
corner of Lot 1, Block 15 of Kalispell
Original, thence westerly on and along the
southerly boundary line of West Idaho Street a
distance of 20.00 feet to the NE corner of Lot
24, Block 15 of Kalispell Original, thence
southerly on and along the westerly boundary
line of First Alley West North a distance of
296.00 feet to the SE corner of Lot 13, Block
15 of Kalispell Original, thence easterly on
and along the northerly boundary line of W.
Montana Street a distance of 20.00 feet to the
point of beginning, is hereby abandoned and
discontinued.
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SECTION II. Any public utility easements may be reserved
by the City of Kalispell.
SECTION III. The enactment of this Resolution shall not
affect nor impair the right of any public or
municipal utility to continue to maintain its
plant or equipment in said alley.
SECTION IV. 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 3RD DAY OF JANUARY, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa white
City Clerk