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 . ,
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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.
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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.
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MILLER ADDITION
S - Sewer Main
W - Water Main
Roads - As shown
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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.
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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.
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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.
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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.
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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.
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NOILTHWEST TR8,CT5
S - Sewer Main
W - Water Main
Roads - As shown