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Page 1 of 2 CITY OF MISSOULA PUBLIC WORKS/FACILITY MAINTENANCE 435 Ryman Street, Missoula, Montana 59802-4297 M E M O R A N D U M E-2010-0187 TO: City Council Members FROM: Carla Krause, Special Services Administrator DATE: May 10, 2010 RE: Petition No. 9469 Request to Vacate the Alley in Block 7 of the Manitoba Addition 1. The petitioners for the vacation own the property on the north side of the alley. Petitioners have been in contact with the owner of the property on the south side. The south property owner expressed no objection to the vacation and understands that if vacated, he will assume all legal liability and additional taxes for the new square footage that will revert to his property. 2. The alley was platted as a 20 foot wide right-of-way as part of the Manitoba Addition in 1889. It is generally located between Latimor and Great Northern and between Palmer and American Way. Examples of surrounding land-uses include Pacific Recycling across Latimor Street to the east and Target across Great Northern on the west of the alley. 3. The Manitoba Addition developed primarily as part of an industrial and commercial area of Missoula. The plat was modified many times by changes such as the bi-section by West Broadway, the railroad right-of-way and past vacations that allowed for larger properties to accommodate the industrial and commercial uses. 4. Northwestern Energy and City Engineering have indicated that vacation will not affect maintenance of the existing gas main and sewer main/manhole in the alley as long as the property owners utilize the vacated alley as grassy landscaped area, unencumbered by structures or improved landscaping. 5. City Engineering has reviewed and approved a site plan that addresses the need for improved ADA and pedestrian facilities for the Church property on the north side of the alley that also includes improved off-street parking and traffic circulation. City Engineering has requested that the improvements be installed within 6-months of vacation approval. ---PAGE BREAK--- Page 2 of 2 6. In addition to these conditions Public Works Committee added a condition that each property owner executes a standard utility easement so that there is a clear and easily researched public record that the sewer and gas mains exist in the alley and will be maintained for service to each of the properties adjacent to the alley and the public. 7. Petitioners have fulfilled all the requirements of the Missoula Municipal Code for requesting the vacation and have paid all necessary fees. 8. City has met all statutory requirements for proceeding with a vacation: Date Action April 26th Adopted Resolution #7523 and scheduled the public hearing April 30th City staff posted the site May 2nd and 9th City Clerk advertised legal notice May 3rd City began accepting written public comment May 10th Council is conducting the public hearing Final step Adopt a resolution vacating or deny the request 9. A resolution of vacation has been drafted for Council’s consideration describing the portion of alley to be vacated, how the vacated alley will revert to private property and the conditions of vacation. 10. Staff suggests motion language that states, “Adopt 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 with three conditions.”