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DRAFT 10/14/2010 Page 1 of 3 RESOLUTION NUMBER A RESOLUTION DECLARING IT TO BE THE INTENTION OF THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA, TO CLOSE AND VACATE A PORTION OF 38TH STREET RIGHT-OF-WAY PLATTED IN THE BAKKE ADDITION GENERALLY LOCATED BETWEEN DORE LANE AND RESERVE STREET AND BETWEEN 39TH AND BROOKS STREETS. (LOCATED IN SECTION 32, TOWNSHIP 13 NORTH, RANGE 19 WEST, P. M. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOULA, MONTANA. SECTION I. THAT it is the intention of the City Council of the City of Missoula, Montana, to close and vacate a portion of 38th Street right-of-way generally located between Dore Lane and Reserve Street and between 39th and Brooks Streets in Section 32, Township 13 North, Range 19 West, P. M. M. as shown on Exhibit A attached hereto and made a part hereof and described below: All the portion of platted 38th Street right-of-way described as follows: Beginning at the northwest corner of Lot 5, Bakke Addition; Thence east along the northern lot line of said Lot 5 and the northern lot line of Lot 6, Bakke Addition to the northeast corner of said Lot 6; Thence north from the northeast corner of said Lot 6 a distance of 25 feet; Thence west perpendicular to the northerly lot lines of said Lots 6 and 5 to a point perpendicular to the northwest corner of Said Lot 5; Thence south 25 feet to the Point of Beginning at the northwest corner of said Lot 5. Bakke Addition as shown on the official plat filed November 14, 1956 at the Missoula County Clerk and Recorder’s Office in Missoula County and located in Section 32, Township 13 North, Range 19 West, P.M.M. County of Missoula, Missoula, Montana. SECTION II. THAT the vacated right-of-way will revert to and combine with adjacent private property upon vacation approval and shall attach to the adjacent properties and the titled owners in accordance with Section 70-16-202 of the Montana Code Annotated said properties as shown on Exhibit A attached hereto and made a part hereof and described as follows: All the portion of platted street right-of-way located adjacent to Lot 5 and Lot 6, Bakke Addition shall revert to and combine with said Lots 5 and 6. SECTION III. THAT the City Council intends to grant this vacation with the following conditions: 1. By December 8, 2010, the owner of Lots 5 and 6 of the Bakke Addition execute a permanent 20 foot wide public utility and non-motorized public access easement on the vacated portion of 38th Street right-of-way that will combine with Lots 5 and 6. 2. By November 8, 2012, the owner of Lots 3, 4, 5 and 6 of the Bakke Addition work with the City to complete the design of the planned development of said lots. That the design will include non- motorized public access easements over and across the pedestrian pathways in the development from the public access easement in vacated 38th Street south to connect with 39th Street and plans for a barrier fence to be installed at the west boundary of the planned development including vacated 38th Street. 3. By November 8, 2012, or upon completion of final design, whichever comes first, the owner of Lots 3, 4, 5 and 6 of the Bakke Addition execute a non-motorized public access easement memorializing the public access over and across the pedestrian pathways from the public access ---PAGE BREAK--- DRAFT 10/14/2010 Page 2 of 3 easement in vacated 38th Street extending south through Lots 3, 4, 5 and 6 to connect with 39th Street. 4. By November 8, 2013, the owner of Lots 3, 4, 5 and 6 install a non-motorized public pathway in the easement in vacated 38th Street and the barrier fence along the west boundary of the new development as provided in accordance with the final design of the development. That if these conditions are not met within the specified timelines, this vacation shall be declared null and void and the vacated right-of-way shall be returned to the public trust. SECTION IV. THAT the City Council will, at its regular meeting to be held on the 8th day of November 2010, at the hour of 7:00 P.M., in the City Council Chambers at 140 West Pine Street, Missoula Montana, hear all matters pertaining to the proposed vacation as set out in Section I above. THAT the property intended to be vacated is subject to any and all utility easements over and across said property in accordance with Section 7-14-4115 of the Montana Code Annotated to continue the installation, maintenance, and repair of any and all public utilities. The property owners benefiting from the vacated right-of-way assume all risk for the installation, placement or construction of any improvement over any easement in which a municipal utility is located and the City shall in no way be liable for any damage to those improvements occasioned by the repair and maintenance of any utilities. SECTION V. THAT this resolution be noticed and notice of the hearing concerning the vacation of the right-of-way as described herein be given as provided by law. PASSED by the City Council of Missoula, Montana, and approved by the Mayor this 25th day of October, 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- DRAFT 10/14/2010 Page 3 of 3 N Vacated right-of-way will revert to and combine with Lots 5 and 6, Bakke Addition