Resolution 3847 - Resolution of Intent - Meridian TractsRESOLUTION NO. 3847
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 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE MERIDIAN TRACTS ADDITION
NO. 225 , 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 "All 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
to mini -extension of services plan" for the territory described in
Exhibit "A" and proposed by this Resolution to be annexed, and said
?I 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 I'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" r be zoned Residential
r 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 .
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SECTION III. That the City Clerk -Treasurer of the City of
KalT_SPell 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 Apri-i 1 1989.
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ATTEST:
_17-itv- C.1 erk-Trea surer, C.M.C.
4rZ
it n "Ed" Kennedy/Ir., Mayor
1P the undercigned I City clej-k, Of' the City of
fcregoil-4� L
City of Xali6pell pasz�ed by the CitY Council Of the
i' a t""-- COPY of the ResOlutior CePtify that the
V 11011�ana at F, ,,, 'Sular i�jeetlng held
city cleric
of the r-:LtY of _Xalia,�ell
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EXHIBIT "A"
A tract of land in Government Lot 1 of Section 7, Township 28 North,
Range 21 West, M.P.M., Flathead County, Montana, described as
follows:
Beginning at the Northwest corner of Addition No. 29, Meridian Road
Circle K; thence
North to a point on the North line of Government Lot 1; thence
East a distance of 720 feet more or less to a point on the West
boundary of Highway No. 93; thence
Southeasterly along the West boundary of Highway No. 93 to the
Northeast corner of that tract of land described on Certificate
of Survey No. 3503; thence continuing along the Westerly
boundary of Highway No. 93 in a
Southeasterly direction through a central angle of 13007134" an arc
length of 347.04 feet to the Northeast corner of that tract of
land described on Certificate of Survey No. 3519; thence in a
Southeasterly direction through a central angle of 1300511911 an arc
length of 345.51 feet to a point; thence leaving said Highway R/W
South 0003511311 East a distance of 31.81 feet to a point; thence
North 891,3814111 West a distance of 121.32 feet to a point; thence
North 8902212111 West a distance of 263.22 feet to the Northwest
corner of Lot 7 of Underhill Subdivision No. 2; thence
South to the Northeast corner of Lot 6 of Block 2 of Underhill
Subdivision; thence
West a distance of 695 feet to a point on the East boundary of
Meridian Road; thence
North 00071 West a distance of 711.60 feet to the Southwest,corner
of Addition No. 29 Meridian Road Circle K; thence
East a distance of 140 feet to the Southeast corner of Addition No.
29 Meridian Road Circle K; thence
North a distance of 125 feet to the Northeast corner of Addition No.
29 Meridian Road Circle K; thence
West a distance of 140 feet to the point of beginning.
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EXHIBIT "B"
MERIDIAN TRACTS
GENERAL DESCRIPTION:
This large county 'island' extends east from Meridian Road to U.S. Highway 93.
The northerly perimeter extends to the area of Three Mile Drive and the
southerly perimeter is located northerly of Arizona Street. Much of this
property is currently vacant. Surrounding land uses include a Circle K store
and various single family dwellings near the southerly perimeter of the
property.
EXISTING SERVICES:
Water:
A 16 inch water main follows the entire westerly
length of the property. Other nearby water mains
include a six (6) inch main that follows Underhill
Court and Arizona Street.
Sewer.*
A 15 inch sewer main follows the property along
Meridian Road. An eight (8) inch sewer main is also
located along a portion of Arizona Street.
Storm Drainage:
There is an existing drainage ditch with a series of
culverts adjacent to the easterly limits of North
Meridian Road bordering this property. During periods
of peak run-off the ditch flows at, or above,
capacity.
Streets:
The entire westerly perimeter of the property has
frontage along Meridian Road. On the east, U.S.
Highway 99 provides some frontage but access is
probably not feasible from that point.
Garbage Collectionz
Barbage collection is available on a contract basis to
the property from 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.
AN-TICIPATED SEWICE NEEDS:
Water: The existing 16 inch water main along Meridian can
adequately serve the water demands for the property.
However, extension of the water to properties interior
to Meridian Road will be the responsibility of
individual landowners and/or developers of the
property.
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Connection to the 15 inch sewer main along Meridian
Sewerz Road is the practical means to service the sewage
needs of the property. Again, any extension necessary
to provide sewer needs to the interior properties will
be the responsibility 04 individual landowners and/or
developers.
Storia Drainage: A major storm drainage system may need to be
constructed for this section of the city. Such a
system is not likely to be constructed for at least
ten years.
Access to the property is possible from Meridian Road.
Streets: Howeverg due to the large area involved, it is likely
that at some point in the future, an internal road
system may be necessary. The responsibility for
building this internal road' system will be the
responsibility of individual landowners and/or
developers. Routine maintenance of Meridian Road and
any other public streets that serve the property will
be the responsibility of the city. Street system
improvements, if necessary, will be accomplished
pursuant to the on -going street maintenance and
reconstruction programs of the city.
Barbage 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 7-2-4736, 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 FINWC -. STR %_TE(3IES
The responsibility and cost of extending any water, sewer or storm drainage
systems to individual properties will be that of the landowners and/or
developers. 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 04 the public
street maintenance program. 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.
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MERIDIAN TRACTS
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W - Water Main
Roads - As shown