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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-2010-0178 TO: City Council Members FROM: Carla Krause, Special Services Administrator DATE: May 3, 2010 RE: Petition No. 9463 Request to Vacation the Portion of Alley Between Lots 8, 12 and 13, Block P of the CP Higgins Addition 1. 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. 2. 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. 3. As a result, 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. 4. The portion of the remaining alley proposed for vacation is located between Lot 8 on the north side and the east half of Lot 12 and all Lot 13 on the south side of the alley. The portion of alley between Lots 9, 10, 11 and the west half of Lot 12 is not being proposed for vacation with this request and contains existing utilities such as power lines and sanitary sewer. 5. The petitioners have agreed to grant the City and public a utility easement for the ongoing maintenance of the existing sewer main and other utilities occupying west end of the alley as a condition of the vacation. 6. Petitioners have stated they are prepared to assume all liability and costs of the portion of alley proposed for vacation that shall revert to and combine with their respective lots. 7. Petitioners have fulfilled all the requirements of the Missoula Municipal Code for requesting the vacation and have paid all necessary fees. ---PAGE BREAK--- Page 2 of 2 8. City has met all statutory requirements for proceeding with a vacation: Date Action April 19th Adopted Resolution #7520 and scheduled the public hearing April 23rd City staff posted the site April 25th & May 2nd City Clerk advertised legal notice April 26th Began accepting written public comment May 3rd 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 condition 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 the condition of a utility easement.”