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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Works Committee Item: Resolution to Amend City Council Resolution #7463 Date: December 1, 2009 Prepared by: Carla Krause, Special Services Administrator Initiated by: Carla Krause Action Required: Adopt a resolution amending City Council Resolution #7463 to correct a typographical error and incorrect exhibit pages. Recommended Motion: Recommend City Council adopts a resolution to amend Resolution #7463 to correct a typographical error and incorrect exhibit pages. Timeline: Referral to committee: Monday, December 7, 2009 Committee discussion: Wednesday, December 9, 2009 Council acts on recommendation: Monday, December 14, 2009 Background and Alternatives Explored: Council adopted Resolution #7463 that vacated portions of Miller Creek Road right-of-way in August. On the first page of Resolution #7463 staff made a typographical error in the description of one of the parcels that the vacated right-of-way reverts to. Normally, such a typo would be fixed by an administrative correction. In addition to the typo, the County Surveyor’s Office discovered an error in one of the radial line descriptions in Exhibit A of the resolution that appears as a surveyed map exhibit on Page 3 and as the legal description on Page 5 (see Error Exhibit). The legal description error warrants a more formal correction. The resolution to amend has been prepared to correct both errors and assure a clear and correct public record of Council’s action. Financial Implications: None Attachments: Error Exhibit Resolution amending ---PAGE BREAK--- RESOLUTION NUMBER 7463 A RESOLUTION CLOSING AND VACATING CERTAIN PORTIONS OF MILLER CREEK ROAD AND LOWER MILLER CREEK ROAD GENERALLY LOCATED BETWEEN BRIGGS AND THE (LOCATED IN THE EAST HALF OF SECTION 1, TOWNSHIP 12 NORTH, RANGE 20 WEST, P.M.M.) LEGAL DESCRIPTION: Certain portions of Miller Creek Road and Lower Miller Creek Road right-of-way generally located between Briggs Street and the Miller Creek Road in the east half of Section 1, Township 12 North, Range 20 West, P.M.M. as shown and particularly described on Exhibit A attached hereto and made a part hereof. 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 as follows: That portion of Lot 5, Orchard Meadows Addition Block 2, Rio Vista Addition described in Book 779, Page 181 of the Missoula County Clerk and Recorder’s micro-records; the Tract of Land described in Book 39, Page 456 of the Missoula County Clerk and Recorder’s micro-records; Tracts 1 and 2, Certificate of Survey No. 4295; Tracts A and B of Certificate of Survey No. 4787; the Tract of Land described in Book 695, Page 1712 of the Missoula County Clerk and Recorder’s micro-records; and Tracts 4-A and 4-B, Certificate of Survey No. 4508; all located in the east half of Section 1, Township 12 North, Range 20 West, P.M.M. WHEREAS, the City Council did on the 23rd day of March, 2009, adopt Resolution No. 7405 declaring it to be the intention of the City Council to close and vacate certain portions of the Miller Creek Road right- of-way as herein described; and WHEREAS, the City Clerk did published notice of such proposed road vacation on March 29, 2009 and April 5, 2009 as provided by Section 7-1-4217 MCA; and WHEREAS, the City Council did, on the 13th day of April, 2009, hear all matters pertaining to the proposed closing and vacation of said certain portions of right-of-way as herein described; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Missoula, Montana, that the aforesaid certain portions of right-of-way as herein before described, be and the same is, hereby closed and vacated subject to utility easements over and across said property 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. PASSED by the City Council of Missoula, Montana, and approved by the Mayor this 17th day of August, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ERROR ---PAGE BREAK--- ---PAGE BREAK--- ERROR ---PAGE BREAK--- RESOLUTION NUMBER A RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 7463 THAT VACATED CERTAIN PORTIONS OF MILLER CREEK ROAD AND LOWER MILLER CREEK ROAD AMENDING THE REVERSIONARY LANGUAGE AND REPLACING PAGES 3 AND 5 OF EXHIBIT A WITH CORRECTED VERSIONS. WHEREAS, on August 17, 2009, the Council of the City of Missoula adopted Resolution No. 7463 vacating certain described portions of the Miller Creek Road and Lower Miller Creek Road right-of-way generally located between Briggs and the and directing the reversion of the vacated portions of right- of-way to certain adjacent properties abutting the vacated right-of-way; and WHEREAS, the reversionary language contained a typographical error requiring correction to assure proper reversion of the vacated portions of right-of-way to the appropriate property adjacent to and abutting the right-of-way; and WHEREAS, an error was discovered in a radial line describing a portion of the right-of-way to be vacated and the error appears in a map drawing on Page 3 and legal description on Page 5 of Exhibit A attached to Resolution No. 7463 requiring correction to assure a clear and correct public record. NOW, THEREFORE, BE IT RESOLVED, that the reversionary language in Resolution No. 7463 stating, “That portion of Lot 5, Orchard Meadows Addition” is hereby stricken and replaced with language stating, “That portion of Lot 5, Block 2, Rio Vista Addition;” and BE IT FURTHER RESOLVED, Pages 3 and 5 of Exhibit A attached to Resolution No. 7463 be replaced with the versions attached hereto and marked as “corrected;” and BE IT FURTHER RESOLVED that all other parts of City Council Resolution No. 7463 are fully and correctly described as intended and the same continues to be effective in accordance with Resolution No. 7463. PASSED by the City Council of Missoula, Montana, and approved by the Mayor this day of 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) Page 1 of 1 ---PAGE BREAK--- Page 2 of 2 ---PAGE BREAK--- Page 3 of 3 Page 3 of 3