Resolution 3854 - Resolution of Intent - Two Mile Add.RESOLUTION NO. 3854
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN THE SE4NE4
OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE TWO MILE ADDITION NO.
232 , 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 "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 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 "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
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 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 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 nth
DAY OF April , 1989.
y�hn "Ed" KennecVyl Jr., Mayor
ATTEST:
City Clerk -Treasurer, C.M.C.
I, the undersigned, City Cleric of the City of ICalispall, certify that tho
fOregoing is a true copy of the Resolution pas:aed by the City Council of the
City of Xalispell, T•loiztana at a re6ular meeting held
City Cleric of the City of Kalispell
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EXHIBIT "A"
A tract of land in the Southeast Quarter of the Northeast Quarter
(SEkNE ) of Section 12, Township 28 North, Range 22 West, M.p.M.,
Flathead County, Montana, described as follows:
Beginning at the Northeast corner of Lot 8 of Porta Villa Subdi-
vision No. 2; thence
East a distance of 330 feet to the Northwest corner of Montana Power
Addition No. 130; thence
South 0°18' East a distance of .5.14 feet to a point; thence
East a distance of 466.6 feet to the Northwest corner of Quirts
Addition; thence
South a distance of 73.5 feet to a point; thence
East a distance of 125 feet to the Westerly boundary of Meridian
Road; thence
South along the Westerly boundary of Meridian Road a distance of 239
feet to a point; thence
West a distance of 593.3 feet to a point; thence
South a distance of 275 feet to a point; thence
East a distance of 594.7 feet to the Southeast corner of Stubbs
Addition No. 58; thence
South a distance of 194.5 feet to a point on the North boundary of
2 Mile'Drive; thence -
West a distance of 940.52 feet to the Southeast corner of Block 1 of
Porta Villa Subdivision; thence
North 00 West a distance of 310 feet to a point; thence
North 89°43' East a distance of 35 feet to a point; thence
North ai ni West a distance of 965.69 feet to the Point of
Beginning.
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EXHIBIT "B"
TWO MILE ADDITION
GEkERAL DESCRIPTION:
The property extends northerly from Two Mile Drive approximately one -quarter
of a mile and is Situated between Hawthorn Avenue and Meridian Road. The
property is mostly vacant although some individual properties have been
developed with residential uses.
EXISTING SERVICES:
Water: A 15 inch water main follows meridian Road and a one
and one-half 0 1t2) water main extends from the
vicinity of Hawthorn Avenue along Two Mile Drive to
Meridian Road. An eight (8) inch water main also
follows along a portion of Hawthorn Avenue.
Sewer: An eight (8) inch sewer main follows Two Mile Drive
and continues along Hawthorn Avenue. A 15 inch sewer
main follows the entire length of Meridian Road in
this area.
Sturm Drainage: A 20 foot county drainage ditch bisects the property
north to south.
Streets: This area has frontage along a portion of Two Mile
Drive and along a portion of Meridian Road. A large
segment of the area has no frontage along a public
road.
Garbage Collection: Garbage collection is available on 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:
Water: Water is currently available to portions of all of the
affected property. However, water mains will need to
be extended to much of the interior portions of this
area as the property is developed.
Sewer: The sewer service would be immediately available to
all those properties having frontage along Meridian
Road or Two Mile Drive. For those portions of the
properties interior to these locations, sewer main
extensions will be necessary. These extensions may
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also require lift
stations due to topographical
considerations.
Storms Drainage:
It is possible that the storm drainage needs for this
area will be accommodated as the area is developed and
reviewed pursuant to local regulations.
Streets
Street system improvements to the public roads wi-il be
accomplished pursuant to the an -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. Access to
interior portions of the area will be accomplished as
those areas are developed. The cost of road extensions
into the area will be borne by the private parties
involved in the development.
Garbage Collection:
Garbage collection will be available from the city
upon annexation, except for existing developed
properties which are subject to the limitations of 7-
2-4736, M.C.A.
Police Protection:
The city of Kalispell Police Department will be the
responsible jurisdiction upon annexation.
Fire Protection:
The city of Kalispell Fire Department will have
jurisdiction upon annexation.
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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. Development of the
vacant land. within this area will require extension of water and sewer mains.
The cost for this and any road improvements will be the responsibility of the
developer. Conditions of approval appurtenant to subdivision review or
conditional use permits will address individual responsibilities for many of
the improvements associated with new developments.
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TWO MILE ADDITION
S — Sewer Main
W — Water Main
Roads - As shown