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PETITION NO. Cj'l./c;9' BEFORE THE CITY COUNCIL OF THE CITY OF MISSOULA PETITION for VACATING PUBLIC RIGHT-OF-WAY Dated this /2 tb- day "2010 COME NOW the undersigned and respectfully petition the City Council of the City of Missoula to consider vacating or closing the herein described public right-of-way. The petitioner(s) requesting the vacation or closure of the public right-ol-way hereby agree to comply with any conditions 01 the vacation or closure described in any resolution vacating or closing the public right-ol-way and recognize the fact that non-compliance will resuit in the vacation or closure becoming null and void and reverting to public right-of-way and public usage. Petitioner(s) have prepared a submittal package describing the particulars 01 the request to vacate or close the herein described right-of-way according to Missoula Municipal Code Chapter 12.04. The proposal is attached to this petition for City Council reviews. DESCRIPTION OF RIGHT-OF-WAY SUBJECT TO THIS PETITION: R . ~ J~/~~/i~~;j1/flnafl- "ii,4&;i-:-U1. /~h1 PETITIONER'S SIGNATURES: +4 !'ltVYi rf7et.+/tJVI /7)-r;Bit; tf, flJ1.1J1, Name Ck.J\i INDUSTRIAL CENTER PHASE V 111231 1516171E19/2C 1( , P~OJ£crlf.. 07-XXX TA8.. IAYIJ()T / D~AFm.. .Jlf DATE., SHEET / OF / 10 9 8 7 6 5 I~ [PHONE REDACTED] SITE MAP CLARK FORK CI1Y CHURCH SEC. 17, T13N, R19W, P.M.M. MISSOULA COUN1Y, MONTANA 10 9 8 7 6 5 4 3 2 1 31 Territorial- Landworks, Inc. r.a. E>ox I, Missoula MT H806 tel.~6-71.I-ol+Z. blt.+o6-721-,2.2+ Civil E.ngineering - 5urve!jing - Land Use Flanning www.territoriallandworks.<:om ---PAGE BREAK--- April 12,2010 Proposal Narrative: To vacate and close an alley in Block 7, Manitoba Addition. Location: Platted alley located in Block 7 of Manitoba Addition. Located adjacent to Lots 1-10 and lots 11-20 in Block 7 of the Plat of Manitoba Addition, located in the NW1/4 of Section 17, T.13 R.20 P.M.M. Missoula County, Montana. Condition of Alley: The alley is unpaved. The alley does have a gas main located within the right of way. It also has a sanitary sewer manhole at the west end of the alley. Current Situation: The alley is not currently being used, either formally, or informally. Purpose of Closing the alley: The primary purpose of closing the alley is to provide additional square footage to help Clark Fork City Church in meeting their parking requirements as requested by the Office of Planning and Grants. The southern half of the alley (10' wide) would revert to private property and be added to the tax roles. Preliminary Research Results: Tax Impact: The southern 10' of the alley, approximately 3,200 sq. ft. would revert to private property and be added to the tax roles. The northern 10' of the alley, approximately 3,280 sq. ft. would revert to Clark Fork City Church, and possibly be added to the tax roles in the future. ---PAGE BREAK--- Contacts and Responses to Proposal: Property owners adjacent to the alley include: 1) Hien Nguyen, Lots 11-20, in Block 7, Manitoba Addition. Hien Nguyen has verbally supported the proposal. 2) Clark Fork City Church, Lots 1-10 in Block 7, Manitoba Addition. Clark Fork City Church has requested the alley closure and supports the vacation and closure of the alley. Local Utility Companies and Service Providers: These were contacted by letter. All of the names on the "Owner's Checklist for Public Right of Way Vacation" were sent a letter. 1) Mountain Water Company: No comments. 2) Allied Waste Systems: "Closure should have no impact on our ability to serve our customers." 3) Traffic Services Coordinator: Services Coordinator. "No problems seen with this vacation. 4) Northwestern Energy: Gas line is in right of way. "Sees no problem as long as only landscaping will be in alley." 5) Blackfoot Telephone: "No problem with vacation." 6) Department of Highways Maintenance Chief: "No problem. Property is not theirs. Does not concern the Dept. of Highways." 7) Department of Highways, MDT. " No impact on MDT." 8) Police Department: No response. 9) Fire Department: "No objections to vacation." Pg 2. ---PAGE BREAK--- 10) City Engineering and Public Works Department: "Supports Vacation with conditions from letter dated 7/20/2009." (See attached letter). 11) Office of Planning and Grants: "Supports the requested vacation." 12) Trails Project: "The area is Light Industrial, so no parks or trails are in the vicinity." Use of Alley ROW after closure: If closure of the alley is approved, the petitioners agree to all the conditions requested by the City Engineer and Public Works Department. The 20' wide alley by 328' long area will be seeded in grass with no vegetation in vacated ROW, in perpetuity. Pg 3. ---PAGE BREAK--- / MIS S0 ULA DEPARTMENT OF PUBLIC WORKS 435 RYMAN' MISSOULA. MT 59802 - 4297' (406) 552-6345' FAX: (406) 327-2125 E-2009-0518 f uly 20, 2009 1 Mr. Steve Jackson 9020 Pickering Lane Missoula, Montana 59808 BICKLE, BUIWING '."SPECT/ON ENGIt,EERJSG STREET \(,t/fvTEXANCE 17UFFfC SERVICES VtiHICLE MAINTENANCE SUBJECT: Proposal by the Clark Fork City Church at 2811 Latimor Street to Vacate the Alley Right-of-way 1:1 810d: 7, Mqpitoba Addition Dear Mr. Jackson: Thank-you for the additional information regarding the site plans for the Clark Fork City Church at 2811 Latimor Street. It is clear that based upon the most current site plan, the public will benetit from additional off street parking, compliant ADA and pedestrian accesses, on-site vehicular circulation, and landscaping in excess of the site rcquirements. Based on this additional inf011l1ation, City Engineering Division and Public Works Department. has expressed SUppOI1 of the proposal to vacate the 20-foot wide alley in Block 7, Manitoba Addition with the followi'!..g conditions: I. l!'vacated by City Council, the alley in Block 7 of the Manitoba Addition will revert to and combine with the lots of adjacent owners in equal portions, The owners of lots in Block 7 of the Manitoba Addition an unrestricted, drivable '20-foot wide access through the vacated alley to the sanitary ,;ewer manhole at the west end of the alley in Block 7 consisting of grasses only with no lermanent structures or im roved landscaping for City maintenance, repair, replacemenl, inspection and construction of the existing sanitary sewer mam; an 2, The Church's current site plans incorporate design elements for all three Church parcels located in ' Lots 1 through lOin Block 7 of Manitoba Addition, Lot 13 of Reserve Street Industrial Center Phase L and Lot 2 of the Bu]linger Addition to Reserve Street Industrial Center Phase I, Section 17, T 13N, R19W, PMM; and The site plans be presented, at the time of vacation petition submittal, to City Engineering slaff for re\'leW and approval for construction after City Council approvalOf' the vacation proposal: and The portinn of the plans for Lot 2 of the Bullinger Addition to Rescr\'e Street Industrial Ccnter Phase I new sidc\\7:1ikSon the' right-of-way lines at thc cast and north property bnundanes IIh Latimor Street and American Way to be approved by City Engincenng stall; and 5, Thai these be met and construction of all amenities on the approved site plans be within (,-ll1ol1ths orthe City Council appnl\'ing the alley vacaliLln, ur {he shall be declared null and n1l(1 and the alley will revert tLl publiC ---PAGE BREAK--- Ae'" ilie,"di"o" 'fCity E'gi'=i" Di'i,i" P,b", W"h "Iy. OIh" Ci" departments or agencies may also desire that conditions be placed on the vacation of the alley. If you have questions about these particular conditions or need more information about the procedure for proceeding with a vacation request, please call me at 552-6348 or e-mail [EMAIL REDACTED]. Sincerely, Carla 1. Krause, Special Services Administrator City Public Works Department cc: Steve King, Public Works Director Kevin Slovarp, City Engineer Doug Harby, Construction Project Manager