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E2. Ordinance 1892 , Bailey Second Reading ZoningKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1892 — Bailey Annexation Second Reading MEETING DATE: August 15, 2022 BACKGROUND: William and Simone Bailey have submitted an application for annexation and initial zoning of R-3 (Residential) for property located at 1788 South Woodland Drive, containing approximately 0.354 acres. The annexation request was based on a need to connect to city sewer due to a failing septic system. There are existing sewer mains immediately available which would allow for a service connection. The property can be described as Lot 40 of Greenacres West — Unit No. 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell City Council, at their meeting on August 1, 2022, approved the first reading of Ordinance 1892 relating to the initial zoning unanimously. RECOMMENDATION: INITIAL ZONING: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1892, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Lot 40 of Greenacres West — Unit No. 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, as City R-3 (Residential), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1892 July 12, 2022, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1892 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT 40 OF GREENACRES WEST, UNIT NO.2, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-2) TO CITY R-3 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, William and Simone Bailey, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above -described tract of land be zoned R-3 on approximately 0.354 acres of land; and WHEREAS, the property is located at 1788 South Woodland Drive; and WHEREAS, the Bailey's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-22-06, dated July 6, 2022, in which the Kalispell Planning Department ("KPD") evaluated the petition and recommended that the property as described above be zoned R-3, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Residential, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan -It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc, 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-22-06. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as R-3, Residential, on approximately 0.354 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 15TH DAY OF AUGUST, 2022. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JULY 12, 2022 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Doug Kauffman, Rory Young, Joshua Borgardt, Burke, and Kevin Aurich. PJ Sorensen, Kari Barnhart, Katharine King, and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Young moved and Burke seconded a motion to approve the minutes of the June 14, 2022, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-22-06 — BAILEY File #KA-22-06 — A request from William and Simone Bailey for ANNEXATION annexation and initial zoning designation of R-3 (Residential). The annexation is to allow the property to be connected to city sewer due to a failing septic system. The property is located at 1788 South Woodland Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-22-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-06 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-3 (Residential). BOARD DISCUSSION None. PUBLIC HEARING Bill Bailey — 1788 S. Woodland Drive — Expressed his wishes to have his property annexed into the City due to his failing septic sstem. MOTION Burke moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-06 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-3 (Residential). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KRD-22-01— WEST SIDE & A report to the Kalispell City Planning Board and the Kalispell City DOWNTOWN URBAN RENEWAL Council regarding a request to amend the Downtown Urban Renewal Plan PLAN PROJECT AMENDMENT and the West Side/Core Area Urban Renewal Plan to include work force housing as prqjects eligible for Tax Increment Financing. STAFF REPORT Jarod Nygren representing the Planning Department reviewed Staff Report KRD-22-01. Staff recommends that the Kalispell City Planning Board adopt staff report #KRD-22-01 as findings of fact, determining that work force housing is supported by both the Downtown and West Side/Core Area Urban Renewal Plans and is in conformity with the Kalispell Growth Kalispell City Planning Board Minutes of the meeting of July 12, 2022 Pagel Policy Plan -It 2035 and forward this recommendation to the Kalispell City Council for their consideration. BOARD DISCUSSION Young asked for a general explanation of how TIF (Tax Increment Financing) generates funds. Borgardt requested information on the URA (Urban Renewal Agency). PUBLIC HEARING None. MOTION Young moved and Aurich seconded a motion that the Kalispell Planning Board adopt staff report #KRD-22-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided. BOARD DISCUSSION Young stated that this amendment is good for the city. Kauffman stated that this amendment will be another tool that would allow for a potential developer to request TIF for workforce housing. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the recent city council meeting. NEW BUSINESS Nygren updated the board on the September planning board meeting. There will be no meeting in August. ADJOURNMENT The meeting adjourned at approximately 6:31pm. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of July 12, 2022 Page 12 BAILEY ANNEXATION ANNEXATION AND INITIAL ZONING OF R-3 UPON ANNEXATION STAFF REPORT #KA-22-06 KALISPELL PLANNING DEPARTMENT JULY 6, 2022 This report regards a request from William and Simone Bailey for annexation and initial zoning of R-3 (Residential) for property located at 1788 South Woodland Drive, containing approximately 0.354 acres. A public hearing has been scheduled before the Planning Board for July 12, 2022, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The annexation request is based on a need to connect to city sewer due to a failing septic system. There are existing sewer mains immediately available which would allow for a service connection. The property is located at 1788 South Woodland Drive. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. A. Petitioner / Owner: William and Simone Bailey 1788 S Woodland Dr Kalispell, MT 59901 B. Location and Legal Description of Properties: The property can be described as Lot 40 of Greenacres West — Unit No. 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. C. Existing Land Use and Zoning: The subject property itself is developed with a single- family residence. The property is zoned county R-2 (One -Family Limited Residential), which according to the Flathead County Zoning Ordinance is "a district to provide for large - tract residential development. These areas will typically be found in suburban areas, generally served by either sewer or water lines." D. Proposed Zoning: The proposed zoning is city R-3 (Residential). The Kalispell Zoning Regulations state that the intent of the district is "to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." The proposed zoning is similar to the current county zone. E. Size: The subject property is approximately 0.354 acres. F. Adjacent Zoning: North: County R-2 East: County R-2 West: County R-2 South: County R-2 G. Adjacent Land Uses: North: Single-family and Mobile Home Parks East: Single-family West: Single-family South: Single-family H. General Land Use Character: The general land use of the area is single-family residential along with two mobile home parks just to the north of the property on the east side of South Woodland Drive. Most of the area has developed as county subdivisions with septics. Over time, there were a number of city subdivisions developed in the area with water and sewer service, as well as areas that needed city sewer and were later annexed into the city. The general area is a mix of urban and rural standards, but the immediate area is distinctly residential. L Utilities and Public Services: Water and sewer service are available within the South Woodland Drive right-of-way adjacent to the property. If any extensions were necessary to provide service, they would need to be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. Sewer: Private/City of Kalispell available upon annexation Water: Private/City of Kalispell available upon annexation Refuse: Private/City of Kalispell available upon annexation Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Rankin Elementary/Flathead High School Fire: South Kalispell Rural Fire/City of Kalispell upon annexation Police: Flathead County Sheriff/City of Kalispell upon annexation L ANNEXATION EVALUATION A. Compliance with the growth policy: Two primary means for managing growth in the City of Kalispell are redevelopment/infill within the current city limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Chapter 9, Public Infrastructure and Services, includes a goal to "make public water and sewer available to areas that are in close proximity to services," and annexation allows for such extensions to happen. In addition, the city council adopted an annexation policy in 2011, with a corresponding map, as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the Planning Board, the Council, and the development community direction when property owners outside of the city limits are requesting annexation. The property proposed for annexation falls inside the city's direct annexation boundary and, while not immediately adjacent to the current city limits, is within an area wholly surrounded by the city. B. Municipal Services: The City of Kalispell has an extension of services plan that details how services would be extended to the annexed property. Both sanitary sewer and water service are available within the right-of-way adjacent to the property. Any additional extensions necessary to provide service will need to be designed and installed by the property owner subject to review and approval by the Kalispell Public Works Department under the City of Kalispell Standards for Design and Construction. In this instance, connection to sewer is important with the existing septic system failing. Connecting to city sewer would be critical for public health. Annexation would allow for the connection to happen. The site is currently protected by the South Kalispell Rural Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from the Rural Fire District. At the time of annexation, the property will be served by the Kalispell Police and Fire Departments. The site lies approximately 1.3 miles from fire station 61 and is readily serviceable by the city fire, police, and ambulance services. Given the level of existing services available to the property, annexation will not overburden the municipal services in place. C. Distance from current city limits: The subject property is not immediately adjacent to the existing city limits line, but is within an area that is wholly surrounded by the city. The nearest city limits lines are about 250 feet to the north and 500 feet to the south. D. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards and any other development policies, regulations or ordinances that may apply. If annexed, the property owner will be connecting to city sewer. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. E The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. To serve the existing single-family home, the cost is estimated at $543.80 per year. Based on the city's taxation and assessment policies, the property will generate approximately $1967.90 in total annual revenue to the city ($930.00 in taxes and $1037.90 in assessments). Based on this analysis, the annexation will be net gain to the city of approximately $1424.10. Annexation of the home will also generate a one-time sewer impact fee of $3054.00. II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county R-2 (One -Family Limited Residential). The applicants are requesting city R- 3 (Residential). Mlispell Growth Policy PAP URBAN NEI DUSTRI 1. Does the requested zone comply with the growth The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The zoning ordinance contemplates R-3 as an appropriate zone within that land use designation. The R-3 zone is similar to both the current county zoning and city zoning in the surrounding area. The requested zone complies with the growth policy. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The access for the property is onto South Woodland Drive. Since the existing property has already been developed with infrastructure in place, annexation and zoning of the additional area would not change the impact on the transportation systems. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police/fire protection, water and sewer service will be available upon annexation. 5 4. Will the requested zone promote the public health, safely and general welfare? The general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses. In this case, the requested zoning classification of R-3 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for any development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. The connection to city sewer is particularly important in this situation given the existing septic system that is failing. Annexation with the requested zoning would allow the home to connect to the sewer main. 7. Will the requested zone promote compatible urban growth? The requested zoning is consistent with the type of growth projected for this area and is consistent with the current zoning in both the city and the county in the vicinity. The proposed district maintains and is compatible with the established land use pattern in this area. 8. Does the requested zone give consideration to the character of the district and its particular suitability for particular uses? The proposed R-3 zoning district is consistent with the surrounding residential development in the immediate and general area. The proposed zone fits into that overall pattern and gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-3 zoning district will promote compatible and like uses on this property as are found on other properties in the area. Any potential future development on the property will be reviewed for compliance with zoning dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhood. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, water and sanitary sewer are located within the public right-of-way M adjacent to the property. The proposed zoning is consistent with the growth policy and is compatible with current zoning in the immediate area. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-06 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city R-3 (Residential). 7 Development 5ervi c.t t Y Department KAILI[SPEILIL 201 Avenue East Kalispell, MT 59901 Phonea (4W)(4o6j 758-7940 PETITION FOR ANNEXATION AND INITIAL ZONING Email: planninclQkalispell corn Website• www.kalispell.com Project Name Bailey City Sewer Hook Up Property Address 1788 S. Woodland Drive, Kalispell, Wr 59901 NAME OF APPLICANT William & Simone Bailey Applicant Phone 206-330-8807 Applicant Address 1788 S. Woodland Drive city, State, Zip Kalispell, MT 59901 Applicant Email Address Zaltana321 @gmail.com If not current owner, please attach a letter from the current owner authodzfng the applicant to proceed with the application. OWNER OF RECORD William & Simone Bailey owner Phone 206-330-8807 I Owner Address 1788 S. Woodland Drive cam' 'Zip Kalispell, MT 59901 °Amer Email Address Zaltana321 @ gmail.com CONSULTANT (ARCHITECTIENGINEER) Plumb -Rite Plumbing 406-257-7795 Address 2124 U.S. Hwy 2 E ram'_$Wzlp Kalispell, MT 59901 Email Address Zaltana321 @gmail.com POINT OF CONTACT FOR REVIEW COMMENTS William & Simone Batley Phone 206-330-8807 Address 1788 S. Woodland Drive City, State, Zip Kalispell, MT 59901 Email Address Zaltana321 Ca)gmail.com List ALL owners (any individual or other entity with an ownership interest in the property): William & Simone Batley Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): LOT 40 OF GREENACRES WEST -UNIT NO. 2, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COL Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. t'I'r'V t)N KALI SPELL 1. Land In project (acres) 2. Current estimated market value .33 $370.00 Estimated market value of proposed development at 50% build out Estimated market value of proposed development at 100% build out Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone 1406) 7W7940 $ DOES NOT APPLY $DOES NOT APPLY 3. Is there a Rural Fire Dept RSID or Bond on this property? nYES I r l NO If yes, remaining balance is: $ DOES NOT APPLY 4. Present zoning of property R94096IMPOP LSD 9— Z, 5. Proposed zoning of property 1 eo HOW VALL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wl answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving reasonable consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particular uses i. Protecting and conserving the value of buildings k. Encouraging the most appropriate use of land by assuring orderlv growth I hereby certify under penalty of perjury and the laws of the State of Montam that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. /p'ii ant Signature U V 6 / L�� ') (D d ") Date (�_ C:I'I"V till' ]KAILISPIE]LIL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. Completed Petition to Annex and Notice to Withdrawl from the Rural Fire District form (attached), including an Exhibit A, legal description of the property. 3. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 4. Electronic copy of the application materials submitted. Either copied onto a disk or emaiied to planning@kalispell.com (Please note the maximum file size to email is 20MB) 5. Application fee based on the schedule below, made payable to the City of Kalispell: Annexation $250 (includes initial zoning) plus $20 per acre Development Services Department 201 ist Avenue East Kalispell, Wrr 59901 Phona (406) 758-7940 HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF: answers below A. Does not apply B. Does not apply C. Does not apply D. Does not apply E. Does not apply F. Does not apply G. Does not apply H. Does not apply I. Eliminating septic system; increasing the health of personal household; protecting nearby residents from possible septic drainage. J. Does not apply(?) (we are protecting nearby homes from possible septic leakage and damage considering our septic tank is 44 years old) K. Does not apply 'This plat Is provided solely for the purpose of assisting in Wasting the land, and the Corapany assumes no IiabBigr for variation,, B pny, dth ■,tires survey." Caret Amsm an 'i me M "This plat 1s provided solely for the purpose of asslstlng in locating the had, and the Company assumes no Ihblllty forrargrtlons, Many, NIM actual survey." First American Title Company GREENACRES WEST #2 AND WHEN RECORDED MAIL TO: n uai1PV and Simone A. Sailey Rfed� Request af: First American Title Company Order No.: 612156-CT Parcel No.: 0050975 FOR VALUE RECEIVED, Space WARRANTY DEED point Tenancy) This �Rs Use ONY Toni L. Larsen hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto William D. bailey and Simone A. Bailey whose address is %' t%% S Y KIL<T hereinafter called Grantees, as joint tenants (and not as tenants in common) and to the survivor of said named joint tenants, and to the heirs and assigns of such survivor, the following described premises, in Flathead County, Montana, to -wit: ACCORDING FILE AND OFRECORD IN ill OFFICE OF THECLERK AND RECORDER OOFLATHEAD COUNTY, MONTANA. SUBJECT TO Covenants, Conditions, ResMctions, Provisions, Easements and encumbrances apparent or of record. h �;41�t 1^i}iitp tjsa# Grantees, as -joint tenants with the right of survivorship (and not as tenants fn common) n tot rover mnd ass ns f the survivor of said named tenants forever. And the said Grantor(s) do(es) ith Grantees, he(she or they) is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances except for taxes and assessments for current and subsequent years and he (she or they) will warrant and defend same from all lawful claims whatsoever. Page 1 of n s Return Dowmerrt to - William and Simone Bailey Haute 1788 South Woodland Drive Mailing Address Katismll. Montana 59901 City, State, zip William Douglas Bailey 11U1�1 lslll�lmll'�III III011111 � 111 ll llllll� lllllllillil Page: gI of ias Debbie Pierson, Flathead County MT by KD 7/26/2019 11 35 AM Declaration of Homestead Simone Amina Bailey WA the undersigned, hereafter referred to as daimant(s), reside on and do hereby claim the following described property to be their homestead, which is exempt from attachment or forced sate pursuant to Title 70, Chapter 32; Montana Code Annotated. The homestead property, ctaimed as exempt, is described as follows (fegaf description) (Note: A street address is not a hegoldescripiion of the property nor is a deed inference. The futr metes and bounds description; subdivision with /of number or cerVxote ofsurvey number must be included in the descnptwn): LOT 40 OF GREENACRES WEST - UNIT 2, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA- together with the dwelling house, or mobile home and improvements and appurtenances thereon. f IN WITNESS WHEREOF, l we have set my/our hand(s) this ���day of d ' c f (Signature of Claimant) ature of Claimant) State of Mo"a County of rL This instmment was. signed before me on by name of signer(s) ,Zs�LWA/ RACHEL WALLETTE= NOTARY PUBLIC for the SEAS. �� Affi State of Montana Residing at Kalispell, MT � �mmissignPpireS . P�Fdj i 12021 " ' V Notary Signature 1 [Montana notaries mu Complete the follawtngWnotw*nof stamp.] Notary Public [qr_�e State o Montana Residing at i�t l i 3(L2.( My Commcssion expires: Qd - o I 2-b2 t ,2024— Return to: Aimee Brunckhorst Kalispell City Cleric P.O. Box 1997 Kalispell_ MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the Cite of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the Iand all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-24610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described «ithdra«-n from the t KAU S OkLL Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated. and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation b,%- the Cit-, Council of the City of Kalispell, the property shall be detracted from said district. In the event the propem- is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, «ith, and be binding upon the title of the said real property, and shall be binding upon our heirs. assigns. successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This Cite hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell. NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss Count° of Flathead Countv On this �dav of , 2AZS , before me, the undersigned, a Notary Public for the State of Montana, personally appeared RA (e.w known to me to be the person whose name is subscribed to the forego g instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. taRae,� KIRSTiN ROBINSON _ ao " ti 10 NOTARY PUBLIC for the Slate of Montana Notary Public, State of Montana * ;,► SEAL: Residing at Bigfork, Montana Printed Name ifs#;. 6+narti +i•..,.,..•�{i�a My Commission Expires Residing at gf OF MD March 25, 2025 My Commrssio expires: arc 25 STATE OF MONTANA ) : ss Countti of Flathead County On this 6 day of tA' D15. before me, #ie undersigned, a Notary Public for the State of Montana, personally appeared W. It ; a., 1 fit' e known to me to be the person whose name is subscribed to the foregoiidg instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. S .RO KiRSTIN ROBINSON Notary Public, State of Montana NOTARY PUBLIC for the Printed Name �; „ State of Montana ,SEALS Residing at Bigfork Montana -� Residing at i, ► ' 14 My Commission Expires My Commissio expires: ' Vi-cl•- , 02 l March 25, 2025 1 CITY OF KALISPELL Kalispell Mailing List 1788 S Woodland Dr S Subject Parcel N L Mailing List Parcels A 0 100 200 400 Feet u