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City of Missoula, Montana Item to be referred to City Council Committee Committee: Public Works Committee Item: Closing and Vacating Easements in Hellgate Meadows, Phases 1 and 2 Date: September 24, 2009 Prepared by: Dan Jordan, GIS Manager Initiated by: Dan Jordan, GIS Manager Action Required: Approve a Resolution Closing and Vacating a portion of a 5' Public Utility Easement in Lot 8 and a Public Non-Motorized Access Easement over and across the entire common area adjacent to Lot 9, all in Hellgate Meadows, Phases 1 and 2. Recommended Motion: The committee recommends the City Council adopt a Resolution Closing and Vacating all that portion of the 5 foot Public Utility Easement on Lot 8 lying east of the west lot line of Lot 9 projected north and the Public Non-Motorized Access Easement over and across the entire area of the Common Area adjacent to said Lot 9 all located in Hellgate Meadows, Phase 1 and 2 with conditions as noted in the resolution. Timeline: Referral to committee: September 28, 2009 Committee discussion: September 30, 2009 Council acts on Resolution: October 5, 2009 Background and Alternatives Explored: This easement vacation is being request so that vacated easements can be shown and noted on a proposed amended plat. These existing easements would interfere with the new lot configuration of Lot 8B (see Exhibit B in the Resolution). The Common Area with the Public Non-Motorized Access Easement will be relocated to the south in the proposed amended plat (see Exhibit B in the Resolution) and has been approved by the Open Space Program Manager. Utilities (Bresnan Communications LLC, City of Missoula Engineering (Sewer), Missoula Electric Cooperative Inc, Mountain Water Company, Northwestern Energy LLC, and Qwest Communications LLC) have provided documentation verifying that they have no utilities in the easement and agree to release any interest in the 5' public utility easement located in Lot 8. Blackfoot Communications has utility line(s) in the 5' public utility easement and will relocate them to new easements in the proposed amended plat. Blackfoot Communications will sign an easement release once the utility line(s) are relocated and it will be filed at the County Clerk and Recorders Office. If the proposed amended plat with the easements as shown on Exhibit B is not filed or the Blackfoot Communications utility line(s) is not relocated this resolution closing and vacating said easements will be null and void. Financial Implications: No significant costs. Attachments: Resolution