Resolution 3844 - Resolution of Intent - Grandview Add.RESOLUTION NO. 3844
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN GOVERNMENT
LOT 1 OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE GRANDVIEW ADDITION NO.
222 , 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
corporat e 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 "All and proposed by this Resolution to be annexed, and said
go 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 llth day of April, 1989 held a Public Hearing,
pursuant to §6.13, Kalispell Zoning Ordinance, to recommend zoning
for the territory described in Exhibit "All 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 f
R-3 .
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.
�,� yhn "Ecd Kennedy r., Mayor
ATTEST:
City Clerk -Treasurer, C.M.C.
EXHIBIT "A"
All that portion of Government Lot I of Section 1, Township 28 North,
Range 22 West, M.P.M., Flathead County, Montana lying North of the
North line of Farview East Townhouses No. 187 and South of the
County Road known as Grandview Drive and Easterly of Highway No. 93,
as described in Document No. 88-124-11160, records of Flathead
County, Montana.
EXCEPTING THEREFROM a tract of land described as follows:
Commencing at the Northeast corner Of Government Lot 1; thence
South 1'39' West and along the Easterly boundary line of said Lot 1,
a distance of 40.0 feet to a point on the Southerly line of a
County Road to the true point of beginning of the tract of land
being described; thence
North 891451 West a distance of 50.0 feet to a point; thence
South 10391 West a distance of 100.0 feet to a point; thence
South 89045' East a distance of 50.0 feet to a point; thence
North 11391 East a distance of 100.0 feet to the point of beginning.
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EXHIBIT "B"
MANDVIEW DRIVE
GENERAL DESCRIPTION:
The subject territory is situated at the southeast corner of the intersection
of Grandview Drive and U. S. 93 North. The property consists of a publicly
owned tract of land and a privately owned tract of land which is used
primarily as a contractors storage yard at this time.
EXISTING SERVICES:
Water; A six (6) inch water main follows Harrison Boulevard
in Park View Terrace. This main is approximately 150
feet from the subject territory.
Sewer: Immediately adjoining the property on the east is a
city of Kalispell sewage lift station. A force sewer
main then parallels Highway 93 in a southerly
direction. If the subject property is ever developed,
sewer service would be readily available.
Storm Drainage: No developed drainage facilities are in the vicinity
of the property.
Streets: The only access to the subject property is via a 20
foot easement from Harrison Boulevard. This road
easement is generally maintained by the city of
Kalispell for purposes of maintaining access to the
lift station.
Garbage Collectionz Garbage cullection is available an a contract basis to
the property from private companies.
Police Protection: The area is within the jurisdiction of the Flathead
County Sheriff's Department.
Fire Protection: The area is within the jurisdiction of a rural fire
district at this time.
ANTICIPATED SERVICE NEEDS:
Waters Water service would need to be extended from the water
main along Harrison Boulevard. Water service may not
be necessary if the property continues to be used as a
storage area.
Sewer: If required, developed facilities an the property
could be easily linked to the sewer main that crosses
the length of the property.
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Storm Drainage:
Storm drainage considerations would be based on an
area wide analysis as opposed to this single tract of
land. Some drainage improvements, if necessary, will
be accomplished in association with any highway or
roadway improvements undertaken by a public agency.
Streets:
The private property of the subject territory has no
direct access onto a public road. Current access is
through a 80 foot easement which cannot be improved to
comply with the city of Kalispell standards for public
roads. No public improvements relative to streets is
anticipated for this property.
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 7-2-4726, 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
Extension of city utilities to the private tract of the subject property will
not be necessary if it continues to be managed as a storage yard. However, in
the event that improvements are made to the property, such as commercial or
residential development, then the water main will need to be extended to the
property and connections made to the existing sewer main. The associated costs
of these extensions will be borne entirely by the landowner of the subject
property. The cost of extending such public services as police and fire
protection will be borne by the entire municipality through the city tax
revenues. Any individual improvements to the neighborhood such as storm
drainage or 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.
1, the uadersigned, City Clark of, the City of Kaliapall, certify that the
fQre&oirIg is a true copy of the Resolution pasaed by the City Council of the
City of 1,,alispell, IlOnLana at a regular iAecting held
City Clerk, of the City of XaliOP611
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GRANDVIEW ADDITION
S - Sewer Main
W - Water Main
Roads — As Shown