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1 RESOLUTION NO. 06-18445 A RESOLUTION OF THE CITY OF BILLINGS, MONTANA, DISCONTINUING AND VACATING a portion of Kyhl Lane which is 193.67 feet long by 30 feet wide and is located on the north 30 feet of Brewington Park and the north 30 feet of Lot 1, Block 3, Bellville Subdivision. 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 a portion of Kyhl Lane which is 193.67 feet long by 30 feet wide and is located on the north 30 feet of Brewington Park and the north 30 feet of Lot 1, Block 3, Bellville Subdivision 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., a portion of Kyhl Lane which is 193.67 feet long by 30 feet wide and is located on the north 30 feet of Brewington Park and the north 30 feet of Lot 1, Block 3, Bellville Subdivision and more particularly described as Beginning at a point 82.5 feet N 89°56’51”E from the NW corner of the SE ¼, SW ¼, Section 14, T1N, R26E, P.M.M.; thence N 89°56’51”E a distance of 193.67 feet, thence S 00°16’58”W a distance of 30 feet; thence S 89°56’51”W a distance of 193.67 feet; thence N 00°16’58”E a distance of 30 feet to the point of beginning; said described tract having a area of 5810.10 square feet. All of which is situated in the SE ¼, SW ¼ of Section 14, T1N., R26E., P.M.M, in the City of Billings, Yellowstone County, Montana, is/are hereby discontinued, abandoned and vacated. 2. PUBLIC INTEREST. The discontinuance, vacation and abandonment of the above described portion of Kyhl Lane which is 193.67 feet long by 30 feet wide and is located on the north 30 feet of Brewington Park and the north 30 feet of Lot 1, Block 3, Bellville Subdivision 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 ---PAGE BREAK--- 2 owner of Lot 1, Block 3, Bellville Subdivision, Steve Kerns, and the City of Billings, owner of Brewington Park. PASSED by the City Council and APPROVED this 26th day of June, 2006. THE CITY OF BILLINGS: BY: Ron Tussing MAYOR ATTEST: BY: Marita Herold, CMC/AAE CITY CLERK ---PAGE BREAK--- 3