Loading...
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 . I I I I 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. I I I 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. I 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. 2 I I I I I .6', % 6 Q Z) 6ANC + La 12 7 ADD 91 SALISH COURT ADDITION S - Sewer Main W - Water Main Roads - As shown