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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Works Committee Item: Petition #9463 – Request to Vacate the Portion of Alley Between Lots 8 and 12, Block P of the CP Higgins Addition Date: April 9, 2010 Prepared by: Carla Krause, Special Services Administrator Initiated by: Lauren S. Caldwell and William Dicus Action Required: Petition #9463 - request to vacate the portion of alley between Lots 8 and 12, Block P of the CP Higgins Addition, and schedule a public hearing for Monday, May 3, 2010. Recommended Motion: The committee recommends the City Council consider a resolution of intention to vacate the portion of alley between Lots 8 and 12, Block P of the CP Higgins Addition and schedule a public hearing for Monday, May 3, 2010. Timeline: Referral to committee: April 12, 2010 Committee discussion: April 14, 2010 Adopt resolution of intention: April 19, 2010 Council public hearing: May 3, 2010 Background and Alternatives Explored: The alley was platted as a 20 foot wide right-of-way in May of 1883 as part of Block P of the C.P. Higgins Addition. Block P is generally located between Alder and Spruce Streets and between Washington and Adams Streets. A significant portion of the north half of Block P was vacated and is currently part of the MRL Railroad right-of- way. The majority of the alley was vacated in March of 1915. The portion of the remaining alley proposed for vacation is located between Lot 8 on the north side and Lot 12 on the south side. The alley has not existed as a public right-of-way for decades and has been occupied by structures and fences belonging to the adjacent property owners. The small portion of alley between Lots 9, 10 and 11 is not being proposed for vacation with this request and contains existing utilities such as power lines and sanitary sewer. Petitioners carefully and thoroughly followed the requirements of the City’s policy for requesting vacation of a public right-of-way in accordance with Missoula Municipal Code Chapter 12.04. Responses by service providers and utility agencies indicate there is no concern caused by the vacation. Petitioners have agreed to provide, as a condition of vacation, a utility easement for the ongoing maintenance, construction and replacement of the existing sanitary sewer services and other utilities although these do not occupy the portion to be vacated. The surrounding property owners have been contacted by the petitioners to be aware of the vacation request. These owners will not be adversely impacted by the vacation as the majority of the alley has been in private ownership for nearly 95 years. Reversion of the portions of alley proposed for vacation will place liability and financial impacts only on the petitioners making the request. ---PAGE BREAK--- In addition to the above, Project Manager Doug Harby of the City Engineering Division has commented that the vacation will simplify a much needed access for the owners of Lots 7 and 8 of Block P. The owners of Lots 7 and 8 have expressed a desire to see the alley vacation expedited as proposed. City staff is supportive of the vacation proposal and encourages the Public Works Committee to make a recommendation to the City Council to adopt a resolution stating its intention to consider the vacation proposal and schedule a public hearing for Monday, May 3, 2010 Financial Implications: Property owners of Lots 8 and 12 will take ownership and all responsibility for the vacated alley right-of-way adjacent to each owner’s property including payment of the nominal annual property taxes and liability. Attachments: Petition #9463 Vacation Exhibit Resolution of Intent to Vacate