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Page 1 of 4 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, RESCINDING COUNCIL RESOLUTION NUMBER 6850, DECLARING THE VACATION OF THE PLATTED INEZ STREET RIGHT-OF-WAY BETWEEN SOUTH SECOND AND THE ALLEY IN BLOCKS 7 AND 8 OF THE COOK’S ADDITION NULL AND VOID; AND VACATING THE PUBLIC ACCESS EASEMENT FILED ON DECEMBER 22, 2004 IN BOOK 745, PAGE 574 OF THE MISSOULA COUNTY CLERK AND RECORDER’S RECORDS. (SECTION 21, TOWNSHIP 13 NORTH, RANGE 19 WEST, P. M. WHEREAS, City Council Resolution No. 6850 adopted October 4, 2004 vacated all the legally platted Inez Street right-of-way between Lot 24, Block 7 and Lot 1, Block 8 of the Cook’s Addition from the southern right-of-way boundary line of South 2nd Street and the northern right-of-way boundary line of the alley in blocks 7 and 8 of the Cook’s Addition as shown on the official plat filed January 6, 1890 in Book 1, Page 845 of the Missoula County Clerk and Recorder’s records and retraced in Certificate of survey Number 5252 filed with the Missoula County Clerk and Recorder March 12, 2002, all located in Section 21, Township 13 North, Range 19 West, P.M.M. Missoula Montana; and WHEREAS, City Council Resolution No. 6850 placed two deadlines for conditions to be met by the owners of Lots 22 through 24, Block 7 and Lots 1 through 5, Block 8 of the Cook’s Addition and those conditions included: 1. That by December 4, 2004, the owners of Lots 22 through 24, Block 7 and Lots 1 through 5, Block 8, Cook’s Addition grant the City a 20-foot wide permanent public access easement adjacent and parallel to the west boundary line of Lot 22, Block 7, Cook’s Addition for the purpose of public ingress and egress to the alley in Block 7, Cook’s Addition. 2. That by October 4, 2006, the owners of Lots 22 through 24, Block 7 and Lots 1 through 5, Block 8, Cook’s Addition builds and improves the 20-foot wide permanent public access easement with pavement, from South 2nd Street to the alley in Block 7, Cook’s Addition along with the new development proposed by the owners. FURTHER, the first condition was met by said owners and the second condition has not been met due to extenuating and unforeseen financial situations affecting the owners and preventing the ability to meet the remaining condition; and WHEREAS, the Public Access Easement filed on December 22, 2004 in the Missoula County Clerk and Recorder’s records in Book 745 at Page 574, attached hereto as Exhibit A, was granted to the City of Missoula by the owners of Lots 22 through 24, Block 7 and Lots 1 through 5, Block 8, Cook’s Addition as a condition of vacation required under Council Resolution No. 6850; and WHEREAS, no public path or walkway has been constructed within the aforesaid easement and the easement was not designated as a public utility easement; and WHEREAS, City Council believes that the reasons for closing and vacating said easement set forth are good and valid and that the said easement should be closed and vacated; and WHEREAS, Resolution No. 6850 stated, “If these conditions are not met within the described time periods, the vacation of this right-of-way will become null and void.” FURTHER, to assure a clear and concise public record regarding the status of the Inez public right-of-way, Council is declaring the vacation of the Inez Street right-of-way described within null and void to restore the right-of-way to the public trust; and ---PAGE BREAK--- Page 2 of 4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Missoula, Montana that Resolution No. 6850 is hereby rescinded; the vacation of the aforesaid portion of Inez Street is declared null and void; is hereby restored to the public trust as public right-of-way and remains dedicated for the purposes and uses of the public; and BE IT FURTHER RESOLVED that the aforesaid Public Access Easement is hereby closed and vacated and returned to the property owners of said lots without encumbrance for private purposes and uses. PASSED by the City Council of Missoula, Montana, and approved by the Mayor this day of May, 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 3 of 4 ---PAGE BREAK--- Page 4 of 4