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Resolution 3841 - Resolution of Intent - Dry Bridge Add.RESOLUTION NO. 3841 A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN NW4SE4 OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE DRY BRIDGE ADDITION NO. 219 , 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 It 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 S6.13, 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-2 , 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-2 . 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 iSection IV, supra, the City Clerk --Treasurer shall lay before the City Council all. communication in writing receivled by him for said Council's consideration. SECTION VT. 1That 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 THEICITY COUNCIL AND APPROVED BY THE MAYOR THIS DAY OF jam- i1 :I 1989. Qt-e- LiC 14�� 5 n "Ed" Kennedy Jr., Mayor ATTEST: City Clerk -Treasurer C.M.C.._._ - - EXHIBIT "A" A tract of land in the Northwest Quarter of the Southeast Quarter (NW4SE4) of Section 17, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: i Beginning at a point which is South 33025100" East a distance of 704 feet fromIthe Northeasterly corner of Block 256 of Kalispell Townsite Company's Addition No. 8 to Kalispell Montana; thence South 331140'00" We'.st a distance of 100 feet to a point; thence South 17040'00" West a distance of 220 feet to a point; thence South 111120'00" East a distance of 45 feet to a point on the Westerly bound�ary of Grandview Ave.; thence along the Westerly boundary of Grandview Ave. South 11020' East a distance of 465 feet to a point; thence South 171150" East a distance of 478.6 feet to a point in the center of Greenvale Drive; thence South 89051' East a distance of 173.42 feet to a point; thence North 0001' West a distance of 20 feet to the Southwest corner of Lot 5, of Block 3 of Knoll's Addition; thence continuing North 0001' West a distance of 100 feet to a point; thence North 89051' West a distance of 165.52 feet to the Southwest corner of Lot 7 of Block 4 of Knoll's Addition; thence North 17050' West a distance of 52.5 feet to the Southwest corner of Lot 6 of Block 4 of Knoll's Addition; thence South 89051' East a distance of 181.72 feet to a point; thence North 0001' West a distance of 81 feet to the Northwest corner of Lot 1 of Stock 3 of Knoll's Addition; thence South 89151' East a distance of 123 feet to the Westerly boundary of Woodland Ave.; thence North 0001' West a distance of 309.8 feet to the Southeast corner of Lot 1 of Block 2 of Knoll's Addition; thence North 31020' West a distance of 797 feet to the point of beginning. 1 1 EXHIBIT "B" DRY BRIDGE ADDITION GENERAL DESCRIPTION: The subject area is bordered on the northeast by Woodland Avenue and on the east by South Woodland Avenue. It encompasses most of the Knolls Addition. Existing uses are primarily single family residential although a large proportion of the property is currently vacant. A slough and city park borders most of the westerly portion of the property. EXISTING SERVICES: Water: An eight (8) water main follows along Woodland Avenue and a six (6) inch water main follows along South Woodland Avenue and terminates near the southwest portion of the subject property. Sewers Sewer service is not immediately available to this area. Storm Drainage: No developed drainage facilities are in the vicinity of the property. Streets: The property has frontage along Woodland Avenue and South Woodland Avenue. Interior streets, such as Memory Lane, Albina Street, and Grandview Avenue have not yet been constructed. Garbage Collection: Garbage collection is available to the existing residences on a contract basis from private companies. Police Protection: Police protection is available from the Flathead County Sheriff's Department. Fire Protection: Fire jurisdiction is with a rural Fire District. ANTICIPATED SERVICE Water: The existing water mains can adequately serve the property having frontage along public roads. Water main extensions will be necessary to serve future development of the vacant property. Sewer: The existing dwellings are currently connected to individual septic systems. Future development could also use this form of sewage disposal. Connection to the city sewage facilities would require a sewer main extension from the vicinity of Eleventh Street East and Woodland Avenue. This would probably require some sort of small diameter forced main extensions. 1 Storm Drainage: New development will be responsible for any required drainage improvements.. Streets: Street system improvements, if necessary to the existing public street system, will be accomplished pursuant to the ongoing street maintenance and reconstruction programs of the city. Routine maintenance such as patching and snow removal will also be the responsibility of the city. Interior roads not yet constructed will be the responsibility of those parties involved with the development of the vacant land. Garbage Collection: The City of Kalispell will not provide solid waste disposal service to the annexed territory for a period of at least five (5) years, consistent with the provision of 7-2-47369 M.C.A. Police Protection: Police protection will be the responsibility of the city upon annexation. Fire Protection: Fire protection will be the responsibility of the city upon annexation. EXTENSION AND FINANCE STRATEGIES Upon annexation,police and fire protection will be immediately available to the properties. The cost of these services will be borne by the entire municipality through city tax revenues. Connection to the city water system will continue to be available to everyone having property fronting the public roads. Water main extensions will be necessary to serve the undeveloped portion of the property. The cost of this is expected to be borne privately as the property is developed. Extension of the sewer facilities to the area is expected to be a shared responsibility between the city and residents of the area. If possible, sewering this area could be accomplished via an EPA grant. 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. The cost of the street maintenance program for the area as appurtenant to the existing public roads will be borne by the entire municipality through tax revenues. Any additional roads necessary to service the interior lots of the area, which are now vacant and unimproved, will be built at the expense of private developers. These roads will need to be built to city standards at which point these roads could be deeded to the city of Kalispell for routine maintenance and upkeep. 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 1 1 1 I : JO 4j i to 5 S r Q' ' a S 4T r E 0 S � Y 1 'o J M � r Y 4 .h O aFb i z�� Sa' s•w w r. s % f ° GA r-T• leg. �. 9 N / •� 10 + -Gj % 14 � I el j S " 1E +f' , A ti-81 A p soh gip¢'' 2 i g b, low i� 3 4 — IIf*LANE I 5 lc�c4 a 2 � I 7 us 7 7 3 1 a d 1 1 B x 4 r 1 I 5 't I �d DRY BRIDGE ADDITION S - Sewer Main W - Water Main Roads - As shown