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Page 1 of 1 City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Works Committee Item: Resolution Rescinding Council Resolution No. 6850 and Vacating the Public Access Easement in Book 745, Page 574 of the County Clerk and Recorder’s Records Date: April 19, 2010 Prepared by: Carla Krause, Special Services Administrator Initiated by: Carla Krause in accordance with Resolution No. 6850 Action Required: Resolution to restore vacated Inez Street at South 2nd Street to the public trust and public use, and vacate a Public Access Easement that was a condition of the vacation. Recommended Motion: The committee recommends the City Council adopt a resolution rescinding Council Resolution No. 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.M.) Timeline: Referral to committee: April 26, 2010 Committee discussion: April 28, 2010 Background and Alternatives Explored: There are two housekeeping items to be completed within one Council resolution. The first item is to officially declare the vacation of Inez at 2nd Street null and void. This will provide a clear and easily understood public record leaving no cloud on the public status of the right-of-way. The second item is to vacate the Public Access Easement that was a condition of the vacation and create a clear and easily understood public record of the status of the underlying private property. The vacation was approved by Council on October 4, 2004 with two deadlines to be met. The owners of the property, Missoula Irrigation District, met the first conditional timeline by executing a Public Access Easement filed December 22, 2004 to continue public access into the alley in Block 7 of Cook’s Addition. The second condition required construction of the pathway across the easement at the time the property owners constructed improvements on the property that included vacated Inez. That condition was due October 4, 2006. In the interim, the property owners ran into circumstances and financial issues that delayed the development of the property and access easement. The unmet condition automatically voided the vacation. Because the access easement was a condition of vacation and no development or encumbrances were placed on the easement, it is fair and equitable to vacate the easement and restore the underlying property to its original private status. Financial Implications: No measurable impact. Attachments: Vicinity Map Resolution