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Page 1 of 3 Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 RESOLUTION NUMBER A RESOLUTION CLOSING AND VACATING THE ALLEY RIGHT-OF-WAY PLATTED IN BLOCK 7 OF THE MANITOBA ADDITION GENERALLY LOCATED BETWEEN LATIMOR STREET AND GREAT NORTHERN WAY AND BETWEEN AMERICAN WAY AND PALMER STREET (LOCATED IN SECTION 17, TOWNSHIP 13 NORTH, RANGE 19 WEST, P. M. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA. SECTION I. THAT it is the intention of the City Council of the City of Missoula, Montana, to close and vacate all the platted alley right-of-way generally located between Latimor Street and Great Northern Way and between American Way and Palmer Street in Section 17, Township 13 North, Range 19 West, P. M. M. as shown on Exhibit A attached hereto and made a part hereof and described below: All the platted alley right-of-way described as follows: Beginning at the southeast corner of Lot 1, Block 7, Manitoba Addition; Thence westerly along the southern lot lines of Lots 1 through 10 in said Block 7 to the southwestern corner of said Lot 10; Thence south perpendicular to the southern lot line of said Lot 10 to the northwest lot line of Lot 11, Block 7, Manitoba Addition; Thence easterly along the northern lot lines of Lots 11 through 20 in said Block 7 to the northeast corner of said Lot 20; Thence north perpendicular to the northeast lot line of said Lot 20 crossing the alley to the Point of Beginning. Manitoba Addition as shown on the official plat filed December 7, 1889 at the Missoula County Clerk and Recorder’s Office in Missoula County and located in Section 17, Township 13 North, Range 19 West, P.M.M. County of Missoula, Missoula Montana. SECTION II. THAT the vacated right-of-way will revert to and combine with adjacent private property upon vacation approval and shall attach to the adjacent properties and the titled owners in accordance with Section 70-16-202 of the Montana Code Annotated said properties as shown on Exhibit A attached hereto and made a part hereof and described as follows: The north half of platted alley right-of-way located adjacent to Lots 1 through 10, Bock 7, Manitoba Addition shall revert to and combine with said Lots 1 through 10; and the south half of platted alley right-of-way located adjacent to Lots 11 through 20, Block 7, Manitoba Addition shall revert to and combine with said Lots 11 through 20. WHEREAS, the City Council did on the 26th day of April, 2010, adopt Resolution No. 7523 declaring it to be the intention of the City Council to close and vacate said right-of-way herein described; and ---PAGE BREAK--- Page 2 of 3 WHEREAS, the City Council did, on the 10th day of May, 2010, hear all matters pertaining to the proposed closing and vacation of said right-of-way as herein described; and FURTHER, that it is the intention of the City Council to make the vacation contingent upon the following: 1. That by 30-days (June 10, 2010) of vacation approval that the property owners in Block 7, Manitoba Addition shall execute a utility easement providing for the perpetual maintenance, repair and replacement of the existing underground utilities occupying the alley including the existing sanitary sewer main up to and including the manhole at the west end of the alley and the existing gas line. 2. Upon vacation approval, the owners of the lots in Block 7 of the Manitoba Addition shall maintain the vacated alley right-of-way as a permanent, grassy landscaped area free of structures and improved landscaping to provide for vehicular access to the vacated alley for the purposes of perpetual maintenance, repair and replacement of the existing sanitary sewer and gas mains occupying the alley, up to and including the sanitary sewer manhole at the west end of the alley. 3. That by 6-months (November 10, 2010) of vacation approval, The Clark Fork City Church will complete the construction of improvements and amenities identified on the site plan attached hereto and made a part hereof as Exhibit B, after approval by the City Engineer. If these conditions are not met by the property owners within the described time periods, the vacation of this right-of-way will become and will be declared null and void by the City and shall revert to public use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Missoula, Montana, that the aforesaid alley right-of-way as herein before described, be and the same is, hereby closed and vacated subject to the conditions within and subject to any utility easements over and across said property to continue the installation, maintenance, and repair of any and all public utilities. The property owners benefiting from the vacated right-of-way assume all risk for the installation, placement or construction of any improvement over any easement in which a municipal utility is located and the City shall in no way be liable for any damage to those improvements occasioned by the repair and maintenance of any utilities. PASSED by the City Council of Missoula, Montana, and approved by the Mayor this day of May, 2010. ATTEST: BY: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 3 of 3