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Resolution 3849 - Resolution of Intent - No. Meridian Add.RESOLUTION NO. 3849 A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN GOVERNMENT LOT 7 OF SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE NORTH MERIDIAN ADDITION NO. 227 , 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 11mini-extension of services plan" is attached to this Resolution as Exhibit "B" and for purposes of this Resolution made a part hero -of, and WHEREAS, said "mirli-oxtension 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 56.13, 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 Zojiing �Ordinance, Tn the -event Th-eterritory 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 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-J_. 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 notice's 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 dul-y and requiarly 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 1989. it n "Ed" Kennedy Pf., Mayor ATTEST: City Clerk -Treasurer, C_._M_.C. EXHIBIT "A" A tract of land in Government Lot 7 of Section 6, Township 28 North, Range 21 West, m.p.M., Flathead County, Montana, described as follows: Beginning at the Southwest corner of Halls Addition; thence South 85046' East a distance of 486.73 feet to a point on the West boundary of Block A of Northridge Heights; thence South 150381 East along the West boundary of Block A of Northridge Heights to a point on the North boundary of Bertschi Addition No. 75; thence South 89009' West along the North boundary of Bertschi Addition No. 75, a distance of 94.95 feet to a point; thence North 530291 West a distance of 145.86 feet to a point; thence North 880341 West a distance of 347.67 feet to the East boundary of Meridian Road; thence North 020381 East to the point of beginning. I I EXHIBIT "B" NORTH MERIDIAN ADDITION IGENERAL DESCRIPTION: The subject property its located on the east side of the North Meridian Road. It is situated between the Hall's Addition #82 and the Bertschi Addition #75. The area is comprised of less than five (5) lots of which most are in residential use. The UPS facilities are located to the south and vacant land occupies the area to the north. U.S. Highway 93 is on the east. EXISTING SERVICES: Water: No water mains are located in the immediate vicinity. Sewer: An eight (8) inch sewer main crosses the length of the property from west to east and connects to an eight (8) inch main along North Meridian Road. 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 property has frontage along North Meridian Road, a city street. Access to the interior portion of the property is via private roads. Garbage Collection: Garbage collection is available on a contract basis to the property from private companies. Police Protection; Police jurisdiction is with the Flathead County Sheriff's Department. Fire Protection: Fire jurisdiction is with a rural Fire District. ANTICIPATED SERVICE NEEDS: Water: Water will need to be extended to the property either south from the vicinity of Lot 4 of Hall's Addition #82 or water could be extended north from the vicinity of the intersection of Three Mile Drive and Meridian Road. Sewer: The existing sewer main can adequately serve the property. Storm Drainage: A major storm drainage system may need to be built for this section of the city. It is anticipated that any improvements to drainage in the area may be accomplished with future improvements to the roadway. 1 Incremental improvements to storm drainage in the area will be accomplished, in part, as raw ground is developed in a comprehensive fashion. Streets: This portion of North Meridian Road was recently reconstructed to city standards. Access to the interior of the property heading east toward U.S. 53 will be the responsibility of the freeholders of the area. 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) yearst 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 Pratectioni Fire protection will be the responsibility of the city 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 tax revenues. Individual connection to water and sewer mains will be the responsibility of the land owners in accordance to existing city policies. The cost of extending the water main to the vicinity of the property will also be borne by those individuals reqLeSting water service to the property. The entire municipality will 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. Comprehensive drainage improvements may also be accomplished through street reconstruction programs that might take place in the future. Such a system is not likely to be COnStrLCted far at least ten (10) years. Any special improvement districts created to finance these type of improvements will be subject to voter approval. 2 I I I .3 lip Z L < Q 7 1p� jj dr 4 CL3 CONWAY in Goo LLJ A 3: e97 7p 0 2: ca A sea seel. slassaas ages .j.. Wk ,--% jdl 014 .4 NORTH MERIDIAN ADDITION S - Sewer Main W - Water Main Roads — As shown