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Resolution 3839 - Resolution of Intent - Buckallew Add.RESOLUTION NO. 3839 A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN THE NE'NEa OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE BUCKALLEW ADDITION NO. 217 , TO FIX A DATE OF PUBLIC HEARING THEREON, AND TO PROVIDE FOR DUE AND PROPER NOTICE OF SAID ANNEXATION. WHEREAS, certain real property as is more particularly described in Exhibit "A", attached hereto and for purposes of this Resolution made a part hereof, is contiguous to and wholly surrounded by the corporate limits of the City of Kalispell, and WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof that the contiguous and wholly surrounded platted tracts encompassed in Exhibit "A" be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell should be extended so as to include the same within the corporate limits of the City of Kalispell, and WHEREAS, on the 3rd day of April, 1989, the City Council of the City of Kalispell adopted pursuant to Title 7, Chapter 2, Part 47, Montana Code Annotated, an Extension of Services Plan which anticipated development to City services for approximately five years in the future, and WHEREAS, the City Council has further caused to be developed a "mini -extension of services plan" for the territory described in Exhibit "A" and proposed by this Resolution to be annexed, and said "mini -extension of services plan" is attached to this Resolution as Exhibit "B" and for purposes of this Resolution made a part hereof., and WHEREAS, said "mini --extension of services plan" is available at the office of the City Clerk -Treasurer for public inspection, and WHEREAS, the Kalispell City -County Planning Board and zoning Commission on the 11th day of April, 1989 held a Public Hearing, pursuant to §6.13, Kalispell Zoning Ordinance, to recommend zoning for the territory described in Exhibit "A" and recommended that the territory, described in Exhibit "A", be zoned Residential , R-3 , in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City, and WHEREAS, the City Council intends that said territory, if annexed, shall be zoned in accordance with the recommendation of the Kalispell City -County Planning Board and Zoning Commission, and WHEREAS, the City of Kalispell desires to annex the property to the City of Kalispell under the provisions of Title 7, Chapter 2, Part 45, Montana Code Annotated. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory comprising all of the contiguous and wholly surrounded property described in Exhibit "A" be embraced within the corporate limits of said City and that the boundaries of said City be extended to include the same. SECTION II. That it is further the intention of the City of Kalispell that the property described in Exhibit "A", upon annexation, be zoned as Residential , R-3 1 1 SECTION III. That the City Clerk -Treasurer of the City of Kalispell shall give immediate notice of the passage of this Resolution by notifying in writing all owners and purchasers under contract for deed of property in the terri- tory, addressed to the address to which tax notices are sent, of the passage of this Resolution in the Daily Inter Lake once a week for two successive weeks. SECTION IV. That the notice herein ordered published shall state that this Resolution has been duly and regularly passed and that for a period of twenty (20) days after the first publication said Clerk -Treasurer will receive expressions of approval or disapproval, in writing, from the freeholders within the territory to be annexed except that, in accordance with Section 7-2-4502, MCA, the territory shall be annexed, upon passage of a Resolution of Annexation, whether or not a majority of the resident freeholders in the territory object. SECTION V. That at the next regularly scheduled meeting of the City Council after the expiration of the twenty (20) days of Section IV, supra, the City Clerk -Treasurer shall lay before the City Council all communication in writing received by him for said Council's consideration. SECTION VI. That if after considering the comments made the Council shall duly and regularly pass and adopt a Resolution of Annexation, the boundaries of the City of Kalispell shall be extended so as to embrace and include said territory, upon date fixed in said Resolution of Annexation. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 17th DAY OF— April_ , 1989. f Q/�-- ?,In "Ed" Kennedy Jr , Mayor ATTEST: City Clerk -Treasurer, C.M.C. EXHIBIT "A" A tract of land in the Northeast Quarter of the Northeast Quarter (NEaNE4) of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of Marsh Manor Addition NO. 18; thence South 0042' East a distance of 138.50 feet to the Southwest corner of Marsh Manor Addition No. 18; thence North 89045' East a distance of 119 feet to the Westerly boundary of Meridian Road, thence South 0042' East a distance of 116.50 feet to a point; thence South 89045' West a distance of 219 feet to the Southeast corner of Lot 13 of Roseglen Manor Addition No. 118; thence North 0040' West a distance of 254.8 feet to the Northeast corner of Lot 15 of Roseglen Manor Addition No. 118; thence North 89045' East a distance of 100 feet to the Point of Beginning. EXHIBIT "B" BUCKALLEW ADDITION GENERAL DESCRIPTION: This property is comprised of two tracts of land located south of Block 7 of the Adams Addition. One of the lots fronts on Meridian Road whereas the other lot has no frontage along a public road. Most of the surrounding uses are residential in character. EXISTING SERVICES: Water: A 16 inch water main follows Meridian Road. Sewer: A 15 inch sewer main follows Meridian Road. Storm Drainage: No developed drainage facilities are in the vicinity of the property. Streets: A portion of the subject area has frontage along Meridian Road. Garbage Collection: Garbage collection is available on a contract basis to the property from private companies. Police Protection: The subject area is within the jurisdiction of the Flathead County Sheriff's Department. Fire Protection: Fire protection is available from a rural Fire District, ANTICIPATED SERVICE NEEDS: Water: Water is currently available to the properties from the 16 inch water main along Meridian Road. Sewer: The existing sewer main along Meridian Road can adequately serve needs of the property. Storm Drainage: A major storm drainage system may need to be built for this section of the city. Such a system is not likely to be constructed for at least ten years. Streets:. Street system improvements for Meridian (toad, if necessary, will be accomplished pursuant to the on- going street maintenance and reconstruction program of the city. Routine maintenance such as patching and snow removal will also be the responsibility of the city. Garbage Collection: The City of Kalispell will not provide solid waste - terr i f nrvnrv__fL�L_...si_A-eri.Qd of at least five (5) years, consistent with the provision of 7-2-4736, M.G.A. Police Protection: The city of Kalispell Police Department will provide police protection to the property upon annexation. Fire Protection: The city of Kalispell Fire Department will provide fire protection to the property upon annexation. EXTENSION AND FINANCE STRATEGIES All city services, except solid waste disposal, will be available to the property upon annexation. The cost of extending such public services as police and fire protection will be borne by the entire municipality through city tax revenues. The entire municipality' will also share the tax burden for most of the street maintenance program. Individual connection to water and sewer mains will be the responsibility of the landowner's in accordance to existing city Policies. Individual improvements to the neighborhood relative to storm drainage and lighting will be financed in part by the residents of the entire municipality and in part by Special Assessments for that purpose. Such special improvement districts will be subject to voter approval. 23 22 h 21 20 7 \ a 1 " e' 13 2 Y - 50' 860' 7S4*' • �� --GLENWOOD 12 - d 19 9 I " l 12 13 1 1 0 18 10 rrso• O IJ �. k.3 °� 17 11 10 QI A h n C a 12SW 1,12 +°' /Sao' N rg 0• +15 °' D M} 4 16 12 9 3 a a= Y 5 m0 C a � i2s.o' 6 o m Sao' ea +s2 - 4 I h.15 ry 14 a 13 $ 7 nl h_ y Soo rrso ano 60c' Sao' t L 1 B E R T Y -- ,a o Sao' S4 +a i STREET y 70 J' 7a.o. - �o o• a Et eo.o' ` eao• eo.o' Sao' tltl B k, 5 I 6Oa' va.°' 700' 7C.G• = i 3 4 0 1 Bk 8k.7 d 0 ry 5 n 6 4 1 n 2 3 b 1 a 2 3 N 4 b a 70 p• 740• iP Z'° °• r 700' S r' b40' Bao• 9 is r yY � 3 MARSH +MRNak - J � RDA re $aaA s RO E GLEN M A 0 R ADO. 118- �°aa' - Y ~ 7 12 :rn I sea 5a 9 d BUCKALLEW ADDITION S - Sewer Main W - Water Main Roads - As Shown I, the undersigned, City Clerk of the City of Kalispell, certify that the foregoing is a true copy of the Resolution passed by the City Council of the City of Kalispell, Montana at a regular meeting held City Clerk of the City of Kalispell