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Resolution 3848 - Resolution of Intent - Miller Add.RESOLUTION NO. 3848 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 MILLER ADDITION NO. 226 , 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 If 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 IIBII 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 I 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 I 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 1. 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 Il. That it is further the intention of the City of Kalispell that the property described in Exhibit "A", upon annexation, be zoned as Residential 01 R-3 . , I I 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 f irst 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 — Ar)r11 1989. ATTEST: "�ity Clerk-Tre C.M.C. 9ohn "E.4d" Kennedy Jr., Mayor EXHIBIT "A" A tract of land in Government Lot 1 of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of Mission Lane; thence North to a point on the South boundary of Summit Ridge Drive; thence East along the South boundary of Summit Ridge Drive a Distance of 302.5 feet to a point on the West boundary of Parkway Drive; thence South a distance of 60 feet to the North boundary of Mission Lane; thence along the North boundary o ' f Mission Lane; thence, along the North boundary of Mission Lane West a distance of 302.5 feet to the point of beginning. EXHIBIT "B" MILLER ADDITION @ENERAL DESCRIPTION I The subject property is situated south of.Summit Ridge Drive and.north of Northridge Park. The property is currently vacant. The surrounding uses'are primarily residential.. EXISTING SERVICES: water; A 12 inch water main is located along Summit Ridge Drive and. - an eight (13) inch water main is located along Parkway Driven Sewer,. Sewer service is not readily" available to the property. A sewer main is located along Summit Ridge Drive and another sewer main. is located in the vicinity of Northridge Drive near Parkway Drive. Storm Drainage: No developed drainage facilities are in the vicinity of the property.' Streets: The property has no suitable Access onto any public road. 6 . arbage Collection: If the property was developedv garbage collection would be available on a contract basis from a private company& Police Protection: 'Police jurisdiction for the property is with the Flathead County Sheriff's Department. Fire Protection: Fire jurisdiction is with a rural Fire District.. ANTICIPATED SEROCE NEEDS Watera. The existing water mains in the vicinity can adequately serve the property. Extension of these mains to the property will be necessary to accommodate future development. Sewer: A sewer main extension would be necessary in the event that the property is developed. The extension would probably have to originate from Northridge Drive in vicinity of Parkway Drive. Storm Drainage: Storm drainage for the property will likely be accommodated� coincidental with any development proposals for the property. I I I Streets: Street system improvements as well as access to the property will the responsibility of the property owner. Access appears to be feasible by connecting the property through Lots 11 or IR of Block 8 of Northridge Heights #3 to Mission Lane. 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 7-2-4736, 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 FINANCE STRATEGIES All city services will be available to the property upon annexation. The cost of extending such public services as police and fire protection and garbage collection will be borne by the entire municipality through city tax revenues. Individual connection to water and sewer mains and the extension of these mains to the property will be the responsibility of the landowner in accordance to existing city policies. Access improvements necessary to serve the property will be the responsibility of the landowner or developer. Individual improvements to the neighborhood relative to the storm drainage and lighting will be financed in part by the residence% of the entire municipality and in part by special assessments for that purpose. Such special improvement districts will be subject to voter approval. It is also expected that a portion of these improvements will be the responsibility of the landowner as the property is developed and reviewed by such regulations as the Kalispell Subdivision Regulations. 2 MILLER ADDITION S - Sewer Main W - Water Main Roads - As shown I IEXHIBIT "A" A tract of land in the South Half of Section 1, Township 28 North, Range 22 West and in the North Half of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of Lot 2 of Block 2, Sunset Addition; thence North a distance of 565 feet to the Northwest corner of Lot 7, of Block 2 of Sunset Addition; thence East a distance of 275 feet to the Northeast corner of Lot 7 of Block 1 of Sunset Addition; thence South a distance of 300 feet to the Southeast corner of Lot 5 of Block I of Sunset Addition; thence East a distance of 205 feet to a point; thence South a distance of 430 feet to a point on the North Boundary of 3 Mile Drive; thence East a distance of 111.25 feet to the Southwest corner of Lot 22 of Block 2 of Northwest Tracts; thence North a distance of 430 feet to the Northwest corner of'Lot 22 of Block 2 of Northwest Tracts; thence East a distance of 105.62 feet to the Northeast corner of Lot 22 of Block 2 of Northwest Tract; thence North a distance of 900 feet to the Northwest corner of Lot 29 Block 1 of Northwest Tracts; thence East a distance of 792.3 feet to the Northeast corner of Lot 13 Block I of Northwest Tracts and the West boundary of meridian Road; thence South a distance of 500 feet to the Southeast corner of Lot 17 Block I of Northwest Tracts; thence West a distance of 405.6 feet to the Southwest corner of Lot 17 Block 1 of Northwest Tracts; thence South a distance of 200 feet to the Southwest corner of Lot 19 Block 1 of Northwest Tracts; thence East a distance of 405.6 feet to the Southeast corner of Lot 19 of Northwest Tracts and the West boundary of Meridian Road; thence South along the West boundary of Meridian Road to the Northeast corner of Lot 2 of Block 1 of Adams Addition; thence Northwesterly along a curve to the Northeast corner of Lot 17 of Block 1 of Adams Addition; thence Westerly to the Northeast corner of Olson Addition No. 2; thence Northerly to the Northeast corner of Lot 2, Block 2 of Sunset Addition; thence West a distance of 115 feet to the Point of Beginning. I EXHI13IT A tract of land in the South Half of Section 1, Township 28 North, Range 22 West and in the North Half of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of Lot 2 of Block 2, Sunset Addition; thence to the Northwest corner of Lot 7 of North a distance of 565 feet Block 2 of Sunset Addition; thence East a distance of 275 feet to the Northeast corner of Lot 7 of Block 1 of Sunset Addition; thence of Lot 5 of South a distance of 300 feet to the Southeast corner Block I of Sunset Addition; thence East a distance of 205 feet to a point; thence South a distance of 430 feet to a point on the North Boundary of 3 Mile Drive; thence East a distance of 111.25 feet to the Southwest Corner of Lot 22 of Block 2 of Northwest Tracts; thence North a distance of 430 feet to the Northwest corner of Lot 22 of Block 2 of Northwest Tracts; thence East a distance of 105.62 feet to the Northeast corner of Lot 22 of Block 2 of Northwest Tracts; thence North a distance of 900 feet to the Northwest corner of Lot 29 of Block 1 of Northwest Tracts; thence East a distance of 792.3 feet to the Northeast corner of Lot 13 Block 1 of Northwest Tracts and the West boundary of Meridian Road; thence South a distance of 500 feet to the Southeast corner of Lot 17 Block I of Northwest Tracts; thence i West a distance of 405.6 feet to the Southwest corner of Lot 17 Block 1 of Northwest Tracts; thence Southwest corner of Lot 19 Block South a distance of 200 feet to the I of Northwest Tracts; thence East a distance of 405.6 feet to the Southeast corner of Lot 19 of Northwest Tracts and the West boundary of Meridian Road; thence South along the West boundary of Meridian Road to.the Northeast corner of Lot 2 of Block I of Adams Addition; thence Northwesterly along a curve to the Northeast corner of Lot 17 of Block 1 of Adams Addition; thence Westerly to the Northeast corner of Olson Addition No. 2; thence Northerly to--�he Northeast corner of Lot 2, Block 2 of Sunset Addition; thence West a distance of 115 feet to the Point of Beginning; ExcelDtinq therefrom Lot 1 of Pacific Power and Light Addition #17. EXHIBIT "A-2" A tract of land in the SE4 SE4 of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as follows: Lot 1 of Pacific Power and Light Addition No. 17. I EXHIBIT "B" NORTHWEST TRACTS ADDITION @MAL DESCRIPTION; The Northwest Tracts Addition is a large area that encompasses residential properties along Northern Lights Boulevard as well as those properties situated between Northwest Lane and Meridian Road and as extending southward to the area of Three Mile Drive. Most of the properties in this area are residential in character except for the Pacific Power and Light Building located along Meridian Road. EXISTING SERVICES: Water: A six (6) inch water main follows Northern Lights Boulevard in the area of Lots 2-7, Block 2 of Sunset Addition. An (8) inch water main follows Meridian Road to the vicinity of Lot 4 of Hall's Addiflon. There is no water service south of that location.' Sewer: An eight (8) inch sewer main, extending to a ten (10) inch main is located along Meridian Road. A 12 inch sewer main follows along Northern Lights Boulevard. Storm Draittage: A natural storm drainage swale exists within the southerly portion of this area. During periods of peak rLn-aff the ditch flows at, or aboveg capacity. Streets: The property has frontage, in placesq along Meridian Roadq along Northwest Lanel along Three Mile Drive, and along Northern Lights Boulevard. Garbage Collection: Garbage collection is available on a contract basis to the property from private companies. Police Protection; This area is within the jurisdiction of the Flathead County Sheriff's Department. Fire Protection: Fire Protection is provided by a rural fire district at this time. ANTICIPATED SERVICE NEEDS: Water: City water is currently available to the properties along Northern Lights Boulevard. A looped water system will be necessary at some point in the future. Water service will need to be extended -to the area of Northwest Lane and to other properties not having frontage along Meridian Road. I Sewer: Properties having frontage along Meridian Road will be able to tie in to the sewer main at that location. Those properties interior to Meridian Road and north of Three Mile Drive will not have sewer service pending extension of a sewer main to those locations. It is feasible that an eight (8) inch main can be constructed along Northwest Lane and Three Mile Drive to a 12 inch sanitary main on Hawthorne. Sewer hookups are feasible at this time to those properties along Northern Lights Boulevard. 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 (10) years. However, as individual properties are developed, storm drainage will be a consideration in the approval of the development for those properties. Streets: Street system improvements, if necessary, will be accomplished pursuant to the on -going street maintenance and reconstruction programs of the city. Routine maintenance such as patching and snow removal will also be the responsibility of the city. Any new roads to serve interior properties will be the responsibility of the private sector. 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. 10 Patice PriAection: The city of Kalispell Police Department will have jurisdiction of this area upon annexation. Fire Protections The city of Kalispell Fire Department will have jurisdiction in this area upon annexation. EXTENSION AND FINANCE STRATEGIES 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 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. Extension of water and sewer mains will be accomplished upon demand as development occurs in the area. The cost for such extensions will be borne by the individual parties needing these services. 2 I I A, CO 29 13 :4 28 14 27 16 ? 17. ILI 24 V A. 7 23 19 I 2 2 4 J�j CO co Q Z, I LA X t2 U cc CO C� I I p 5 CO 24 2 14 F [it I 2 4 23 22 21 20 1!, 18 17 tl 2 -ROSEWOOD 16 4 5 26 1 2 3 21 4 20 5 25 23 22 IN, 14 6 7 2 13 NOILTHWEST TR8,CT5 S - Sewer Main W - Water Main Roads - As shown