H3. Agriculture Center EasementPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MONTANA
Doug Russell, City Manager
Jarod Nygren, Senior Planner
Planning Department
201 ls' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin,a
Agriculture Education Center Extension of Sewer Service
September 17, 2018
BACKGROUND: On July 12, 2018, staff received a letter from Morrison Maierle requesting a work
session with the Council regarding extension of sanitary sewer service to the existing Agriculture Ed-
ucation Center, without annexation. Typically, projects located within the City's annexation boundary
are required to annex as part of the city providing city services. Morrison Maierle has been contracted
by School District 5 for improvements to the Agriculture Education Centers, which were approved as
part of the 2016 Kalispell High School bond election. The improvements consist of an expansion, re-
modeling of existing spaces and new veterinary sciences building. The Agriculture Education Center
is located on FFA Drive east of Willow Glen Drive and the County Shops and Bus Barn facilities.
Following the letter, the Council held a work session regarding the request on July 30, 2018. Council
discussed the request at length, at which time they directed staff to schedule the request for their con-
sideration provided a waiver of protest of annexation and waiver of protest for Special Improvement
District were submitted. Following the work session, the applicant submitted all of the applicable forms
necessary for the Council to consider the request. The request for sewer service without annexation
would coincide with two previous County projects (County Shop Complex and Eagle Transit), located
in the vicinity, that were provided sanitary sewer without annexation in 2010.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the request from
School District 5 for an extension of sewer service without annexation.
ATTACHMENTS: Letter from Morrison Maierle
c: Aimee Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FUTURE
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/l)iannina
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Kalispell School District No. 5
MAIL ADDRESS: PO Box 788
CITY/STATE/ZIP: Kalispell, MT 59903
INTEREST IN PROPERTY: Owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 310 FFA Drive, Kalispell, MT 59901
Legal Description: Tract 1 A
RECEIVED
AUG 3 1 2018
KAUSPELI. PLAWING DEPARTMENT
PHONE: 406-751-3434
PHONE:
(Lot and Block of Subdivision; Tract #)
Section 21, Township 28 North, Range 21 West
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 14.39 Acres
Current estimated market value $2,000,000
at 100% build out $3,500,000
at 50% buIld out
Is there a Rural Fire Department RSID or Bond on this property Yes No X
If yes remaining balance is $
The present zoning of the above property is: Flathead County, Willow Glen, P
The proposed zoning of the above property is: P1
State the changed or changing conditions that make the proposed amendment necessary:
The proposed public facility is requesting municipal sewer only service.
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and fiuther grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
'N."L - F - 3o - 20
(Applicant) (Date)
1
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
I. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede
filing of this application. Among topics to be discussed are: the application
procedure, compatibility and compliance with the Growth Policy, and compatibility of
the proposed zoning with surrounding zoning classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District
form, including an Exhibit A, legal description of the property.
4. Application fee based on the schedule below and made payable to the City of
Kalispell.
Fee Schedule:
Annexation (includes initial zoning)
$250 plus $20/acre
5. A bona fide legal description of the property from a recent survey, title report or
deed which accurately describes the property to be annexed.
2
Return to:
Kalispell City Clerk
P.Q. Box 1997
Kalispell, MT 59903
WAIVER OF PROTEST TO ANNEXATION
AND
WAIVER OF PROTEST TO SPECIAL IMPROVEMENT DISTRICT
The undersigned hereinafter referred to as Petitioner respectfully petitions the City of Kalispell
for municipal services from the City of Kalispell, such specific service(s)
being: U ti 1,-� &LS12 ^ej- -�,, Sewew, jk� n JL _ �o a} /-I&
The Petitioner requesting City of Kalispell municipal services described herein is the fee owner
of that real property described in Exhibit A attached hereto and fully incorporated herein by this
reference.
In consideration of receiving the above -described municipal services from the City of Kalispell,
the Petitioner hereby agrees to waive all rights of protest to annexation that the Petitioner may
have now under Title 7, Chapter 2 MCA, or under any future federal, state or local law and all
rights of protest to the creation of a future Special Improvement District for necessary upgrades
to FFA Drive, that benefit the property of the Petitioner, that the Petitioner may have now under
Title 7, Chapter 12, Part 41 and 42 MCA or under any future federal, state or local law.
In the event the property is not immediately armexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
The Petitioner(s) faither acknowledge(s) that pursuant to MCA 7-6-1601 to 7-6-1604 the City
shall have the right to charge and the owner shall have the obligation to pay impact fees for the
new demand upon the City services delivered to the subject property which fees must be paid no
earlier than the date of issuance of a building permit if a building permit is required for the
development or no earlier than the time of wastewater or water service connection.
In consideration to the waivers provided herein by the Petitioner, the City hereby agrees to
allows Petitioner to connect and receive the utilities from the City of Kalispell that are requested
herein.
P,61t, S c k-.1 s
tLjL:�
Petitioner/Owner Date
City Manager Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property
to be annexed.
STATE OF MONTANA )
):ss
County of Flathead )
On this & day of , 20ft2, before me, the undersigned, a Notary Public
for the State of Montana, perso ally appeared VOVYL '13(aktLA in his capacity as
, that executed the foregoing instrument, and
ackn wledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
F Kogy
BETH F KORNICK
NOTARY PUBLIC for'
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State of Montana
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BETH F KORNICK
NOTARY PUBLIC for the
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Su to of Montana
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My Carr niWcaExprse
July 16, 2020
Notary Public, State of Montana
Printed Name: FDC+h
Residing at
My Commission Expires
STATE OF MONTANA j
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County of Flathead j
On this day of , 20 before me, a Notary Public in and for the
State of Montana, personally appeared , known to me to be the
City Manager of the City of Kalispell, a municipality, that executed the within instrument, and
acknowledged that such City Manager subscribed, sealed and delivered said instrument as the
free and voluntary act of said municipality, for the uses and purposes therein set forth, and that
he was duly authorized to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Notary Public, State of Montana
Printed Name:
Residing at
My Commission Expires
Exhibit A
Property Description: Certain real property described as Tract 1 of COS 16661 in the SW4 of
Section 21, T28N, R21W, P.M.M., Montana
Kalispell School District No. 5
233 1,1 Ave East
Kalispell, MT 59901
UTILITY EASEMENT
THIS EASEMENT is made and entered into this day of September, 2018, in consideration of good
and valuable considerations, the receipt of which is acknowledged, witness that,
Flathead County(GRANTOR)
A Political Subdivision of the State of Montana
800 South Main Street
Kalispell, MT 59901
do hereby grant, bargain, sell and convey unto Kalispell School District No. 5 (GRANTEE), a utility easement for
public utilities, upon which to construct, operate, maintain, replace, upgrade and remove public utilities and
necessary appurtenances, along with access to and from the same for maintenance, covering and embracing the
following land:
A Utility Easement granted to Kalispell School District No. 5 that includes a Strip of Land, 15 feet in
width, within Tract 1 of Section 28, Township 28 North, Range 21 West, P.M.,M, Flathead County, State
of Montana, being 10 feet west or south and 5 feet east or north of the installed sanitary sewer line in
place, with sidelines being lengthened or shortened to intersect property boundaries as shown in Exhibit
„A,.
GRANTEE's rights in and to the Easement shall include, without limitation, unobstructed access to, across, along,
under and upon the Easement to enter upon such Easement at any time to engage in such activities as
necessary, requisite, or appropriate in connection therewith, and to bring such equipment thereupon as may be
necessary or appropriate to the purposes for which this Utility Easement is granted.
GRANTOR does hereby agree, bind and obligate GRANTOR and GRANTORS' heirs, successors and assigns that it
shall not use the Utility Easement in a manner which unreasonably interferes with GRANTEE'S use thereof.
Page 1 of 2
GRANTEE and GRANTOR do hereby agree the Utility Easement will be discontinued if City of Kalsipe-41(alispell
Public Sanitary Sewer Service is ever brought to the GRANTOR'S property along or within FFA Drive such that the
Utility Easement is no longer necessary or required to the intended use.
TO HAVE AND TO HOLD the Sewer Utility Easement in and to the Property for said purposes, together with all
the rights and appurtenances thereto in anywise belonging to the GRANTEE, its successors and assigns forever.
However, if said easement or any party thereof is ever discontinued for said purpose, the title thereto shall
revere to then owners of said property.
In Witness Whereof the parties have hereunto set their hands and seals the day and year first above
written.
Kalsipell School District No. 5
By geL-- i crtil
Mark Flatau, Superintendent
State of Montana
County of Flathead
Board of County Commissioners
Flathead County, Montana
By
This instrument was acknowledged before me on the e day of September, 2018 by aW—
o , as G ' or the Kalispell School District No. 5.
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BETH F KORNICK
NOTARY PUBLIC ror the
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$bite of Montana
Rsal ft a SoFmm, MTonlana
LP�en1Mo�
MfyCoum JtAy 8 onFjorea
State of Montana
County of Flathead
V
Notary�Publicfor th tate of Montana
Residing at Kalispell;1;,OVY ,
My Commission expires
ih P. UY
Printed Name of Notary Public
This instrument was acknowledged before me on the
. as
County Montana.
_ day of September, 2018 by
for Board of County Commissioners, Flathead
Notary Public for the State of Montana
Residing at Kalispell
My Commission expires
Printed Name of Notary Public
Page 2 of 2
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LOT A, LEISURE SUBDIVISION LOT B, LEISURE SUBDIVISION
AMD PLAT LOT 1 BLK1& LOT 1, BL K2 of AMD PLAT LOT 1 BLKi& LOT 1, BLK2 i
SECTION 21, T28N, R21W w SECTION 21, T28N, R21 W '
ASSESSOR No. Di34110 J ASSESSOR No.0139110 1
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EXISTING EASEMENT
TO THE CITY OF KALISPELL FLATHEAD COUNTY
PER 200113616190 TRACT 1, SECTION 21. T2814, R21 IN
ASSESSOR No. E002903
..----...... ........... ..... ..... ..... _.
15 FT SEWER
UTILITY EASEMENT
FLATHEAD CHRISTIAN SCHOOL
TRACT 1 B, SECTION 21, T28N, R21 W
PARCEL A OF COS 12298
ASSESSOR No. 0983220
15 FT SEWER
UTILITY EASEMENT
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FFADRIVE (60FTRAN) — — — — — — —
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SCHOOL DISTRICT No. 5
TRACT 1A, SECTION 21, T28N, R21 W
ASSESSOR No E003905
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AGRICULTURAL EDUCATION CENTER
1255Gwolhousa Loop �RRilN 6Y: AJM PROTECT NO.
Morrison V ftafisRMIL kfT 59901 IMPROVEMENTS, PHASE 1
A9GN. BY. AJM "&10.052.IY
Ma i e rl a ^os is2sz s pppR RY TC KALISPELL MONTANA
,wwM.,a�M."MI RATE- -wom SANITARY SEWER EASEMENT LAYOUT PLAN nGURUNUKIB R
Ic,veynrE _ p�onMErs . ,<,a�,�,� # EX. A
U.W84MO25cl IBIWi it Ml0 IAAo.EE CAMMMdIIM5e+, rE,,o n dw Ple�lcabyaamnmavnFnyrnSep,5!]61 1i
Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same inanner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein PVTII'PCC a„ intent to have the property as herein described
withdrawn from the South Kalispell Rural Fire District under the provisions of Section
7-33-2127, Montana Code Aruiotared; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
hn the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a nuninium of 5 years from date of annexation.
�Ik� C24&Z ?- 3,�) - 2-v qV
Petitioner/Owner Date
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed. FKbBETHFKORNICK
o� �q NOTARY PUBLIC for the
STATE OF MONTANA ) * * Slate of Montana
S Somers, 0 9 So, Morbna
ss Q
County of Flathead County �°�eOfMofi¢ca jWy 16, 2020
On this W day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared 0jnknown
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
a- ring[
Notary Public, State of Montana 44LL
Printed Name i� . l—n i cv-,
Residing at
My Connnission expires:
STATE OF MONTANA )
ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires: