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1 RESOLUTION NO. 06-18407 A RESOLUTION OF THE CITY OF BILLINGS, MONTANA, DISCONTINUING AND VACATING all of Masters Court, Falcon Ridge Court & the 20’ right-of-way and portions of Western Bluffs Boulevard, Golden Acres Drive & the parkland within Falcon Ridge Subdivision 1st Filing. WHEREAS, a proper petition was filed with the City Council of the City of Billings, Montana, as per Section 22-601 BMCC, requesting discontinuance and vacation of all of Masters Court, Falcon Ridge Court & the 20’ right-of-way and portions of Western Bluffs Boulevard, Golden Acres Drive & the parkland within Falcon Ridge Subdivision 1st Filing as described hereinafter; and WHEREAS, a public hearing was properly noticed and held as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA, AS FOLLOWS: 1. DISCONTINUANCE AND VACATION. Pursuant to Sections 7-14-4114 and 7- 14-4115, M.C.A., all of Masters Court, Falcon Ridge Court & the 20’ right- of-way and portions of Western Bluffs Boulevard, Golden Acres Drive & the parkland within Falcon Ridge Subdivision 1st Filing and more particularly described in Exhibit attached, is/are hereby discontinued, abandoned and vacated. 2. PUBLIC INTEREST. The discontinuance, vacation and abandonment of the above described all of Masters Court, Falcon Ridge Court & the 20’ right-of- way and portions of Western Bluffs Boulevard, Golden Acres Drive & the ---PAGE BREAK--- 2 parkland within Falcon Ridge Subdivision 1st Filing is in the best interest of the public and can be done without any public detriment. Ownership of the vacated area will revert to the adjacent owner – Dennis Buscher. PASSED by the City Council and APPROVED this10th day of April, 2006. THE CITY OF BILLINGS: BY: Ron Tussing MAYOR ATTEST: BY: Marita Herold, CMC/AAE CITY CLERK ---PAGE BREAK--- - 3 - Exhibit A Legal Descriptions for Right-of Way Vacations within Falcon Ridge Subdivision, First Filing R.O.W. Vacation #1 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northeast corner of the parkland in Block 6 of Falcon Ridge Subdivision, First Filing; thence N 89°59'43" E a distance of 4.82 feet; thence S 00°04'00" E a distance of 62.24 feet; thence along a curve to the left having a radius of 411.34 feet a distance of 100.18 feet (chord bearing S 07°02'38" E, chord distance of 99.93 feet); thence S 24°50'04" W a distance of 7.84 feet; thence along a non- tangent curve to the right having a radius of 380.0000 feet a distance of 102.23 feet (chord bearing N 07°46'25" W, chord distance of 101.92 feet); thence N 00°04'00" W a distance of 67.56 feet to the point of beginning; said described tract having an area of 831 square feet. R.O.W. Vacation #2 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northwest corner of Lot 10, Block 5 of Falcon Ridge Subdivision, First Filing; thence along a curve to the left having a radius of 570.00 feet a distance of 11.67 feet (chord bearing S 51°29'59" W, chord distance of 11.67 feet); thence N 00°04'00" W a distance of 14.60 feet; thence along a non-tangent curve to the right having a radius of 570.00 feet a distance of 157.84 feet (chord bearing N 55°08'59" E, chord distance of 157.33 feet); thence S 67°06'41" E a distance of 13.04 feet; thence along a non-tangent curve to the right having a radius of 1470.00 feet a distance of 77.00 feet (chord bearing S 16°06'45" E, chord distance of 76.99 feet); thence N 19°08'21" W a distance of 52.47 feet; thence N 66°01'49" W a distance of 13.67 feet; thence along a non-tangent curve to the left having a radius of 570.00 feet a distance of 144.15 feet (chord bearing S 59°19'52" W, chord distance of 143.77 feet)to the point of beginning; said described tract having an area of 3,109 square feet. R.O.W. Vacation #3 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northeast corner of Lot 9, Block 3 of Falcon Ridge Subdivision, First Filing; thence N 89°59'43" W a distance of 222.50 feet; thence along a tangent curve to the left having a radius of 570.00 feet a distance of 153.05 feet (chord bearing S 82°18'45" W, chord distance 152.59 feet); thence S 27°29'22" W a distance of 9.05 feet; thence along a non-tangent curve to the left having a radius of 1530.00 feet a distance of 24.86 feet (chord bearing N 17°21'17" W, chord distance of 24.86 feet); thence N 26°19'08" E a distance of 14.31 feet; thence along a non-tangent curve to the right having a radius of 570.00 feet a distance of 187.59 feet (chord bearing N 80°34'35" E, chord distance of 186.75 feet); thence S 89°59'43" E a distance of 241.71 feet; thence S 00°04'00" E a distance of 38.70 feet; thence N 89°59'43" W a distance of 27.02 feet; thence S 00°04'00" E a distance of 136.76 feet; thence S 05°23'16" E a distance of 24.65 feet; thence N 89°59'43" W a distance of 20.09 feet; thence ---PAGE BREAK--- - 4 - N 05°23'16" W a distance of 23.69 feet; thence N 00°04'00" W a distance of 137.71 feet; to the point of beginning; said described tract having an area of 19,110 square feet. R.O.W. Vacation #4 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northeast corner of Lot 1, Block 3 of Falcon Ridge Subdivision, First Filing; thence N 45°01'52" W a distance of 14.15 feet; thence N 89°59'43" W a distance of 299.98 feet; thence N 00°04'00" W a distance of 38.70 feet; thence S 89°59'43" E a distance of 300.00 feet; thence S 44°58'50" E a distance of 14.14 feet; thence S 00°04'00" E a distance of 38.70 feet to the point of beginning; said described tract having an area of 11,995 square feet. R.O.W. Vacation #5 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northwest corner of Lot 8, Block 1 of Falcon Ridge Subdivision, First Filing; thence N 00°04'00" W a distance of 38.70 feet; thence N 45°29'29" E a distance of 14.00 feet; thence along a non-tangent curve to the right having a radius of 270.00 feet a distance of 136.29 feet (chord bearing S 73°25'42" E, chord distance of 134.85 feet); thence along a curve to the left having a radius of 330.00 feet a distance of 177.94 feet (chord bearing S 74°24'52" E, chord distance 175.79 feet); thence S 00°04'00" E a distance of 38.70 feet; thence along a non-tangent curve to the right having a radius of 330.00 feet a distance of 179.12 feet (chord bearing N 74°31'02" W, chord distance of 176.93 feet); thence along a curve to the left having a radius of 270.00 feet a distance of 135.11 feet (chord bearing N 73°18'12" W, chord distance 133.70 feet); thence S 45°37'00" W a distance of 13.97 feet to the point of beginning; said described tract having an area of 12,038 square feet. R.O.W. Vacation #6 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the southwest corner of Lot 11, Block 3 of Falcon Ridge Subdivision, First Filing; thence S 19°08'21" E a distance of 27.04 feet; thence N 50°58'04" W a distance of 13.00 feet; thence along a non-tangent curve to the left having a radius of 1530.00 feet a distance of 68.75 feet (chord bearing N 13°24'52" W, chord distance of 68.75 feet); thence S 19°08'21" E a distance of 52.41 feet to the point of beginning; said described tract having an area of 255 square feet. R.O.W. Vacation #7 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the southwest corner of Lot 13, Block 3 of Falcon Ridge Subdivision, First Filing; thence along a curve to the right having a radius of 630.00 feet a distance of 35.69 feet (chord bearing S 05°36'48" E, chord distance of 35.69 feet); thence N 89°59'43" W a distance of 31.34 feet; thence N 46°14'45" W a distance of 14.45 feet; thence along a non-tangent curve to the left having a radius of 1530.00 feet a distance of 181.28 feet (chord bearing N 06°04'40" W, chord distance of 181.17 feet); thence N 40°10'22" E a distance of 12.90 feet; thence S 89°59'43" E a distance of 6.40 feet; thence S 19°08'21" E a distance of 39.47 feet; thence along a tangent curve to the right having a radius of 630.00 feet a distance of 130.88 feet (chord bearing S 13°11'16" E, chord distance 130.64 feet) to the point of beginning; said described tract having an area of 6,273 square feet. ---PAGE BREAK--- - 5 - R.O.W. Vacation #8 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the southeast corner of Lot 19, Block 3 of Falcon Ridge Subdivision, First Filing; thence N 05°23'16" W a distance of 24.41 feet; thence S 89°59'43" E a distance of 20.09 feet; thence S 05°23'16" E a distance of 18.76 feet; thence along a non-tangent curve to the right having a radius of 55.00 feet a distance of 37.32 feet (chord bearing S 75°57'01" E, chord distance of 36.61 feet); thence S 00°00'17" W a distance of 91.75 feet; thence along a non-tangent curve to the right having a radius of 55.00 feet a distance of 21.18 feet (chord bearing S 67°33'16" W, chord distance of 21.05 feet); thence along a curve to the left having a radius of 10.00 feet a distance of 10.03 feet (chord bearing S 49°51'05" W, chord distance 9.62 feet); thence along a curve to the left having a radius of 270.00 feet a distance of 68.63 feet (chord bearing S 13°50'03" W, chord distance 68.44 feet); thence N 89°59'43" W a distance of 60.32 feet; thence along a non-tangent curve to the right having a radius of 330.00 feet a distance of 98.38 feet (chord bearing N 13°53'57" E, chord distance of 98.02 feet); thence along a curve to the left having a radius of 10.00 feet a distance of 8.30 feet (chord bearing N 01°20'30" W, chord distance 8.07 feet); thence along a curve to the right having a radius of 55.00 feet a distance of 84.87 feet (chord bearing N 19°04'57" E, chord distance 76.70 feet) to the point of beginning; said described tract having an area of 13,295 square feet. R.O.W. Vacation #9 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northwest corner of Lot 21, Block 3 of Falcon Ridge Subdivision, First Filing; thence along a curve to the right having a radius of 55.00 feet a distance of 38.06 feet (chord bearing S 03°55'49" W, chord distance of 37.30 feet); thence N 00°00'17" E a distance of 44.30 feet; thence along a non-tangent curve to the right having a radius of 55.00 feet a distance of 7.54 feet (chord bearing S 19°49'05" E, chord distance of 7.53 feet) to the point of beginning; said described tract having an area of 139 square feet. R.O.W. Vacation #10 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the southeast corner of Lot 5, Block 1 of Falcon Ridge Subdivision, First Filing; thence along a curve to the right having a radius of 55.00 feet a distance of 33.36 feet (chord bearing S 63°04'57" E, chord distance of 32.85 feet); thence along a non-tangent curve to the left having a radius of 50.50 feet a distance of 29.98 feet (chord bearing N 72°59'35" W, chord distance of 29.54 feet); thence N 89°59'43" W a distance of 36.99 feet; thence along a non-tangent curve to the right having a radius of 55.00 feet a distance of 37.19 feet (chord bearing N 80°10'18" E, chord distance of 36.48 feet) to the point of beginning; said described tract having an area of 286 square feet. R.O.W. Vacation #11 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northwest corner of Lot 1, Block 1 of Falcon Ridge Subdivision, First Filing; thence along a curve to the right having a radius of 970.00 feet a distance of 53.52 feet (chord bearing N 05°47'23" E, chord distance of 53.51 feet); thence N 48°50'07" E a distance of 15.06 feet; thence S 89°59'43" E a distance of 73.01 feet; thence S 47°33'10" E a distance of 14.76 feet; thence along a non-tangent curve to the left having a radius of 50.50 feet a distance of 75.50 feet (chord bearing S 53°37'16" E, chord distance of 68.66 feet); thence along a non-tangent curve to the right having a ---PAGE BREAK--- - 6 - radius of 55.00 feet a distance of 16.06 feet (chord bearing S 81°38'07" W, chord distance of 16.00 feet); thence S 89°56'00" W a distance of 129.30 feet; thence S 47°13'08" W a distance of 14.69 feet to the point of beginning; said described tract having an area of 286 square feet. R.O.W. Vacation #12 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the southwest corner of Lot 24, Block 3 of Falcon Ridge Subdivision, First Filing; thence S 89°56'00" W a distance of 40.00 feet; thence along a tangent curve to the right having a radius of 998.66 feet a distance of 40.00 feet (chord bearing N 88°55'09" W, chord distance 40.00 feet); thence N 45°56'15" E a distance of 13.89 feet; thence N 00°04'00" W a distance of 189.59 feet; thence S 89°59'43" E a distance of 60.00 feet; thence S 00°04'00" E a distance of 189.96 feet; thence S 45°04'00" E a distance of 14.14 feet to the point of beginning; said described tract having an area of 12,096 square feet. R.O.W. Vacation #13 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the southwest corner of Lot 15, Block 3 of Falcon Ridge Subdivision, First Filing; thence along a curve to the right having a radius of 998.66 feet a distance of 27.04 feet (chord bearing N 73°27'00" W, chord distance of 27.04 feet); thence N 33°39'41" W a distance of 15.60 feet; thence along a non-tangent curve to the left having a radius of 1530.00 feet a distance of 131.88 feet (chord bearing N 02°24'29" E, chord distance of 131.84 feet); thence N 44°52'41" E a distance of 14.11 feet; thence S 89°59'43" E a distance of 31.64 feet; thence along a non-tangent curve to the right having a radius of 630.00 feet a distance of 151.62 feet (chord bearing S 07°27'18" W, chord distance of 151.25 feet); thence S 29°34'02" E a distance of 14.30 feet to the point of beginning; said described tract having an area of 5,628 square feet. R.O.W. Vacation #14 A tract of land situated in the SE1/4 of Section 25, T. 1 R. 24 P.M.M., Yellowstone County, Montana, said tract being more particularly described as follows, to-wit: Beginning at a point being the northwest corner of Lot 18, Block 4 of Falcon Ridge Subdivision, First Filing; thence S 63°05'28" W a distance of 14.61 feet; thence along a non-tangent curve to the left having a radius of 970.00 feet a distance of 121.92 feet (chord bearing S 16°06'58" W, chord distance of 121.84 feet); thence along a curve to the left having a radius of 1530.00 feet a distance of 122.80 feet (chord bearing N 10°12'58" E, chord distance 122.76 feet); thence N 57°20'57" E a distance of 12.96 feet; thence along a non-tangent curve to the left having a radius of 1058.66 feet a distance of 14.76 feet (chord bearing S 73°42'04" E, chord distance of 14.76 feet) to the point of beginning; said described tract having an area of 649 square feet. ---PAGE BREAK--- - 7 -