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RESOLUTION NUMBER 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 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---