Resolution 3845 - Resolution of Intent - Heritage Add.RESOLUTION NO. 3845
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN GOVERNMENT
LOT 6 OF SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE HERITAGE ADDITION NO. 223 ,
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 I
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
— Apartment RA-1 , in accordance with the Kalispell Zoning Ordinance —
in the event the territory is annexed to the City, and I
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 11. That it is further the intention of the City
of Kalispell that the property described in Exhibit "A",
upon annexation, be zoned as Residential Apartment
RA-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 V1. 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.
n "Ed" Kennedy Jr., Mayor
ATTEST:
City Clerk-Trbasurer, C.M.C.
EXHIBIT "A"
A tract of land in Government Lot 6 of Section 6, Township 28 North,
Range 21 West, M.P.M., Flathead County, Montana, described as
follows:
Beginning at the Northwest corner of the Corrected Plat of Heritage
Health Center Addition !61; thence
South 40401 West a distance of 330.00 feet to a point; thence
South 850191 East to the Northwest corner of the Resubdivision of
Simmons Addition No. 78 Amended; thence
South 30331 West along the Westerly boundary of the Resubdivision of
Simmons Addition No. 78 Amended a.distance of 660.00 feet to a
point on the North boundary of Sunnyview Lane; thence
North 860121 West to the East boundary of U.S. Highway No. 93;
thence
North 15032' West along the East boundary of U.S. Highway No. 93 to
the South boundary of Heritage Way; thence along said boundary
South 860441 East a distance of 119.08 feet to a point; thence along
said boundary
Southeasterly along a curve to the Northwest corner of that tract
shown on Certificate of Survey No. 9018; thence along said
boundary
.Southeasterly along a curve to the point of beginning.
EXHIBIT "B"
HERITAGE-ADDITTON
EENERAL DESCRIPTION:
This property is situated east of U.S. Highway 93, south of Heritage Way,
north of Sunnyview Lane and westerly of Windward Way. This property is
currently vacant. Adjoining land uses include a health club, medical offices,
and Glacier View Hospital.
EXISTING SERVICES:
Water: A 12 inch water main disects -the length of the
property extending from Heritage Way down to Sunnyview
Lane.
Sewer: An eight (8) inch sewer main is located to the south
of the property along Sunnyview Lane. To the east, an
eight (8) inch sewer main follows Windward Way and
extends westerly to the southerly boundary of Heritage
Health Center Addition.
Storm Drainage:
Storm drainage is available near the south
westerly
portion of the property.
Streets:
The property has frontage along U.S. Highway 93,
Sunnyview Lane and Heritage Way.
Garbage Collection:
Garbage collection is available on a contract
the from
basis to
property private companies.
Police Protection:
The property is within the jurisdiction
of the
Flathead County Sheriff's Department.
Fire -Protection:
The property is within the jurisdiction of
a rural
fire district.
ANTICIPATED SERVICE NEEDS:
Water: Any future development of the property can easily
connect to the existing water main that disects the
length of the property.
Sewer: Development of the property will require extension of
a sewer main, possibly from the area of the Heritage
Health Center Addition or from the area of Sunnyview
Lane. Due to the varied topography of the property, it
is possible that both a gravity and a pump system may
'to
be necessary adequately serve the property. The
design of the sewer system for the property will be
the responsibility of the developer.
.
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Storm Drainages
The need for storm drainage improvements will be
evaluated with the development of the property.
However, it does seem possible that connection to the
city storm drain system is possible for the property.
Streets:
The need for additional road access to the property
cannot be determined pending future development of the
property. However, at this time, it appears that
access may be possible from at least three existing
public roads. Any internal road systems necessary to
provide access to the property will be the
responsibility of the developer and/or landowner.
Garbage Collectionz
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 7-2-4736, M.C.A.
Police Protections
The city of Kalispell will provide police protection
upon annexation into the city.
Fire Protections
Fire protection will be the responsibility of the city
upon annexation.
EXTENSION AND FINANCE STRATEGIES
Any utility extensions necessary to provide service to the property will be
the responsibility of the developer. This would include sewer main extensions,
water main extensions, and storm drainage extensions. Depending upon how the
property is developed, suitable access may be available from such public roads
as Heritage Way, Bunnyview Lane and U.S. Highway 93. Highway access is not
guaranteed. Again, any roads necessary to serve the interior portions of the
property must be built and the cost be borne by the developer. Police and fire
protection and garbage collection will be immediately available to the
property upon annexation. The cost of extending these public services 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 an the public roads. 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. Individual improvements can also be expected in conjunction with
conditions of subdivision approvale .
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HERITAGE ADDITION
(North of Sunnyview Lane)
S - Sewer Main
W - Water Main
Roads - As shown
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