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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 1 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. 1 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 1 1 1 1 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. n �J 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. rA 1 1 1 1 ■' ■� a 8 1 1 ` N 7 rl iw ! 7 11 ! 1 ` Q i 3 f � . r .- F ! !� w L w 4i 2 r. 5 !� O_ w w f i �I f 6 T. 3f A .j 4 r laa/O r ■ 6 - 01+ u T pa w +1 i. as r-s r + c r-a a + T6,W � - Y —mai i y i M � r ' � 0 MONTANA P 0 WE R A D p N 6. -I - i i �D •q� APO rr+G YO �7 •AI.rSPi L4 � Traci aC[ N 1 1r •a l'/L/a - a{O.a ;z r Tr•al / LC s I uBa, nir, se ._ Tra•1 � CO 4 aaa.l Y5 � W la/ Ilnu u[[/ Unary /iH 1 ul Nu....... u►•ur•. yJ TWO MILE ADDITION S — Sewer Main W — Water Main Roads - As shown