Full Text
Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 RESOLUTION NUMBER A RESOLUTION OF THE MISSOULA CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, CLOSING AND VACATING A PORTION OF A 5' PUBLIC UTILITY EASEMENT (LOT 8) AND PUBLIC NON-MOTORIZED ACCESS EASEMENT (COMMON AREA ADJACENT TO LOT 9) IN HELLGATE MEADOWS, PHASES 1 AND 2 AS RECORDED IN THE MISSOULA COUNTY CLERK AND RECORDER'S OFFICE, MISSOULA, MONTANA AT BOOK 25 PLATS PAGE 56 (07/17/2002). WHEREAS, the property owners of Lot 8 and the Common Area adjacent to Lot 9 in said Hellgate Meadows, Phases 1 and 2 have requested that said easements be closed and vacated as described herein and shown on Exhibit A attached hereto: All that portion of the 5 foot Public Utility Easement on said Lot 8 lying east of the west lot line of Lot 9 projected north and the Public Non-Motorized Access Easement that is over the entire area of the Common Area adjacent to said Lot 9. WHEREAS, all utilities except one have verified that there are no utilities in said 5 foot public utility easement and have agreed to release any interest in said easement. Blackfoot Communications have utility line(s) located in said 5 foot easement and are willing to relocate the line to another public utility easement on the proposed amended plat as shown on Exhibit B. WHEREAS, said City Council believes that the reasons for closing and vacating said easements set forth are good and valid and that the said easements should be closed and vacated. WHEREAS, the City Council makes the vacation contingent upon the filing of the amended plat as shown on Exhibit B granting new public utility easements and a public non-motorized access easement. Said 5 foot public utility easement located on lot 8 shall not be vacated until the Blackfoot Communications utility line(s) are relocated or abandoned and an easement release document is filed with the Missoula County Clerk and Recorder signed by Blackfoot Communications releasing said easement. If both of these conditions are not met this easement vacation is null and void. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Missoula, Montana, that said easements are hereby closed and vacated with conditions. PASSED AND ADOPTED this day of 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen ---PAGE BREAK--- City Clerk Mayor ---PAGE BREAK--- ---PAGE BREAK---