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Page 1 of 3 RESOLUTION NUMBER A RESOLUTION CLOSING AND VACATING A PORTION OF THE ALLEY RIGHT-OF-WAY PLATTED IN BLOCK P OF THE C. P. HIGGINS ADDITION GENERALLY LOCATED BETWEEN EAST ALDER AND EAST SPRUCE STREETS AND WASHINGTON AND ADAMS STREETS (LOCATED IN SECTION 22, 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 a portion of the alley right-of-way generally located between East Alder and East Spruce Streets and Washington and Adams Streets in Section 22, 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 portion of platted alley right-of-way described as follows: Beginning at the southeasterly corner of Lot 8, Block P, C.P. Higgins Addition; Thence westerly along the southerly lot line of said Lot 8 to the southwesterly corner of said Lot 8; Thence southwesterly perpendicular to the southerly lot line of said lot 8 to the centerline of said alley; Thence northwesterly along the centerline of said alley to the intersection of said centerline with the westerly line of the east 1/2 of Lot 12, said Block P extended northeasterly; Thence southwesterly along said westerly line extended to the northwesterly corner of said east 1/2 of Lot 12; Thence easterly along the northerly line of said East 1/2 of Lot 12 and Lot 13 of said Block P to the northeasterly corner of said Lot 13; Thence crossing said alley to the Point of Beginning. C. P. Higgins Addition as shown on the official plat filed May 2, 1883 at the Missoula County Clerk and Recorder’s Office in Missoula County and located in Section 22, 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 northerly half of platted alley right-of-way located adjacent to Lot 8, Block P, C. P. Higgins Addition shall revert to and combine with said Lot 8; and the southerly half of platted alley right-of-way located adjacent to the East Half of Lot 12 and all of Lot 13, Block P, C. P. Higgins Addition shall revert to and combine with said East Half of Lot 12 and all of Lot 13. WHEREAS, the City Council did on the 19th day of April, 2010, adopt Resolution No. 7520 declaring it to be the intention of the City Council to close and vacate said right-of-way herein described; and WHEREAS, the City Council did, on the 3RD 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: a. By August 3, 2010 or within ninety (90) days of vacation approval, petitioners shall grant to the City and the public a twenty (20) foot wide public utility easement over and across the portion of alley vacated by this resolution for the purposes of maintaining the existing sewer main and manhole as well as any other existing utilities currently occupying the alley in Block P of the C.P. Higgins Addition. ---PAGE BREAK--- Page 2 of 3 If this condition is not met within the described time period, the vacation of this right-of-way will become null and void and the herein described alley will remain public access. 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