Resolution 3850 - Resolution of Intent - Salish Court Add.RESOLUTION NO. 3850
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN THE WEST
HALF OF THE SOUTHEAST QUARTER (W�ISE�,) OF SECTION 1, TOWNSHIP 28
NORTH, RANGE 2 2 WEST, M.P. M. , FLATHEAD COUNTY, MONTANA, TO BE DES 1GNATED
AS THE SALISH COURT ADDITION NO. 228 , 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 "All 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
TV 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 lith day of April, 1989 held a Public Hearing,
pursuant to S6.13, Kalispell Zoning ordinance, to recommend zoning
for the territory described in Exhibit "All and recommended that the
territory, described in Exhibit "A", be zoned Residential —
F 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 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
R-3 .
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SECTION Ill. 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.
I PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 17th
DAY OP April 1989.
ATTEST:
City Clerk-Trbasurer, C.M.C.
qI I.— Irze I
Mn Z'�'E —"Kenendy r. Mayor
1, the underzigned, City Cler-" Of' the CitY Of Kalispell, certify that tile
foregoing is a true copy of the Resolution passed by the City Council of the
City of Kalispell, Montana at a vc-,&ular i4eeting held
City ClarL, of trie CitY of Kalispell
EXHIBIT "A"
A tract of land in the West half of the Southeast Quarter (WI-2SEk) of
Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County
Montana, described as follows:
Beginning at the Southeast corner of Pederson Addition No. 106;
thence
North 01002' East a distance of 300 feet to the Southeast corner of
Lot 13 of Block 2 of Sunset Addition; thence
West a distance of 115 feet to the Southwest corner of Lot 13 of
Block 2 of Sunset Addition; thence
North 00002' East a distance of 210.5 feet to the Northwest corner
of Lot 2 of Block 2 of Sunset Addition No. 1; thence
North 89119' East a distance of 115 feet to the Westerly boundary of
Northern Lights Blvd; thence
North 00102' East a distance of 160 feet to the Southeast corner of
Lot 4, of Block 2 of Sunset Addition No. 1; thence
South 89019' West a distance of 115 feet to the Southwest corner of
Lot 4 of Block 2 of Sunset Addition No. 1; thence
North 00002' East a distance of 400 feet to the Southwest corner of
Lot 8 of.Block 2 of Sunset Addition No. 1; thence
North 45037' West a distance of 283.3 feet to the most Westerly
corner of Lot 2 of Sunset Addition No. 2; thence
North 44032' East a distance of 145 feet to the most Norterly corner
of Lot 2 of Sunset Addition No. 2; thence
North 45037' West a distance of 92.88 feet to the most Northerly
corner of Lot 3 of Sunset Addition No. 2; thence
South 44'32' West a distance of 138.31 feet to a point; thence
North 45037' West a distance of 165-41 feet to a point in the center
of Salish Court; thence along a curve
Northeasterly a distance of 37.42 feet to a point; thence
North 21116' West a distance of 30 feet to a point on the South
boundary of Lot 5 of Block I of Sunset Addition No. 3; thence
Northeasterly along a curve a distance of 69.20 feet to a point;
thence
South 890151 East a distance of 36.32 feet to a point; thence
Northeasterly along a curve a distance of 100.02 feet to the South-
east corner of Lot 5 of Sunset Addition No. 2; thence
North 32015' East a distance of 154.20 feet to the Northwest corner
of Lot I of Block 3 of Sunset Addition No. 1; thence
North 89055' East a distance of 370 feet to the Northeast corner of
Lot 13 of Block 1 of Sunset Addition No. 1; thence
South 00021 West a distance of 460.7 feet to the Southeast corner of
Lot 9 of Block 1 of Sunset Addition No. 1; thence
South 89155' West a distance of 110.8 feet to the Easterly boundary
of Northern Lights Blvd; thence
Southerly along the Easterly boundary of Northern Lights Blvd a
distance of 1162 feet to a point; thence
West a distance of 60 feet to the Point of Beginning.
EXCEPTING THEREFROM Lot 2 of Block 3 of Sunset Addition No. 1.
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EXHIBIT "B"
GENERAL DESCRIPTION:
This area encompasses residential lots having frontage along Salish Court, a
portion of Hilltop Avenue, and along Northern Lights Boulevard as extending
down to the area of Lot I of the Brady Addition. Approximately 16 residential
lots are involved in this area. These properties, as well as adjoining
properties, are all residential in character.
EXISTING SERVICES:
Water., A six (6) inch water main is located along Salish
Court and along the entire length of Northern Lights
Boulevard. An eight (8) inch Water main is also
located along Hilltop Avenue within the subject area.
All lots are currently linked to the city water
system.
Sewer:
No developed sewage facilities are available along
Salish Court or the affected portion of
Hilltop
Avenue. However, an eight (8) inch sewer main
follows
along Northern Lights Boulevard.
Storm Drainage:
No developed drainage facilities are in the
vicinity
of the property.
Streets:
Each of the affected properties has frontage
along a
public road including Salish Court, Hilltop
Avenue,
and Northern Lights Boulevard.
Garbage Collection:
Sarbage collection is available on a contract
basis to
the property from private companies.
Police Prot"tion:
Police jurisdiction is with the Flathead
County
Sheriff's Department.
Fire Protection: A rural fire district has jurisdiction in this area.
ANTICIPATED SERVICE NEEDS:
Water: Existing water mains can adequately serve the
properties.
Sewer: The existing sewer main along Northern Lights
Boulevard can adequately accommodate the needs of the
adjoining lots. A sewer main extension will be
necessary to service all those lots in the Salish
Court and Hilltop Avenue area.
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Storm Drainage: There is no immediate need for an improved storm
drainage system in this area. I
Streets: Street system improvements, if necessary, will be
accomplished pursuant to the on -going street
maintenance and reconstruction program of the city.
Routine maintenance such as patching and snow removal
will also be the responsibility of the city.
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: Kalispell City Police will provide police protection
to the area upon annexation.
Fire Plrotoi�ctioni The city of Kalispell Fire Department will have
jurisdiction 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. City water service is
currently available to each of the subject properties. Sewer service, when
needed, will be provided by the extension of a sewer main to the area of
Salish Court and Hilltop Avenue. The cost of this extension will be borne by
individual parties requiring this service.
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ADD
91 SALISH COURT ADDITION
S - Sewer Main
W - Water Main
Roads - As shown