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Page 1 of 14 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-2009-0624 TO: Public Works Committee FROM: Carla Krause, Special Services Administrator DATE: August 12, 2009 RE: Petition #9411 – Request to Vacate Portions of Miller Creek Road and Lower Miller Creek Road Generally Located Between Briggs Street and the BACKGROUND OF VACATION REQUEST: 1. Petition is to vacate an existing old right-of-way forgotten and rediscovered along with unintentional private encroachments. 2. A joint City-County project is underway to make road improvements that will help residents maintain access now and into the future. 3. City and County residents petitioned to vacate all the old right-of-way and staff have recommended vacating everything except what is needed for a future 4-lane public access. 4. City Council has completed the statutory steps of proceeding with a right-of-way vacation up to and including: a. March 23 Council adopted Resolution No. 7405 stating the City’s intention to consider the vacation proposal and scheduled a public hearing. b. March 29 City Clerk placed legal notices in the newspaper and staff posted the vacation site. c. March 30 – April 13 City observed a 15-day public comment period prior to the hearing. d. April 13 Council conducted the public hearing and returned the item to the Public Works Committee for further discussion. e. April 15 the item was held in Committee pending the completion of the County’s procedures for the right-of-way vacation. 5. In the interim, the City’s surveyor has completed a refined 4-lane street design that increases the footage in the staff recommendation for vacation, yet continues to retain enough to ---PAGE BREAK--- Page 2 of 14 complete the 4-lane street. The additional portion recommended for vacation consists of a small part of the existing City 60-foot wide Miller Creek Road right-of-way. 6. On August 6 County Commissioners adopted a resolution vacating all the old right-of-way except a portion to provide for a future 4-lane street, which completed the County’s procedures for a vacation. 7. Staff has prepared an amended resolution for the staff recommended vacation to include the additional right-of-way to be vacated. COMMITTEE ACTION – COMPLETE CITY’S VACATION PROCEDURES: 1. Recommend Council adopt an amended resolution vacating those portions of the old and existing right-of-way that are not needed for the future 4-lane street as requested by staff; or 2. Recommend Council adopt a resolution vacating all of the old right-of-way as requested by the property owners. Attachments: Staff’s resolution Owner’s resolution ---PAGE BREAK--- Page 3 of 14 RESOLUTION NUMBER (Staff recommended) 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 (pending) 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 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 day of August, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Page 8 of 14 ---PAGE BREAK--- Page 9 of 14 RESOLUTION NUMBER (Owner requested) 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: Lot 5, Orchard Meadows Addition; Tract of Land described in Book 779, Page 181 of the Missoula County Clerk and Recorder’s micro-records; Tracts 1 and 2, Certificate of Survey No. 4295; 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 day of August, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Page 10 of 14 ---PAGE BREAK--- Page 11 of 14 ---PAGE BREAK--- Page 12 of 14 ---PAGE BREAK--- Page 13 of 14 ---PAGE BREAK--- Page 14 of 14